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06-100 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-100 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS LEVYING TAXES FOR THE 2006 TAX YEAR AT THE RATE OF $0.498817 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A DATE ON WHICH SUCH TAXES BECOME DUE AND DELINQUENT TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (hereinafter referred to as the "Town") hereby finds that the tax for the fiscal year beginning October 1, 2006, and ending September 30, 2007, hereinafter levied for current expenditures of the Town and the general improvements of the Town and its property must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the Town Council has approved, by a separate ordinance to be adopted on the 12th day of September, 2006, the budget for the fiscal year beginning October 1, 2006, and ending September 30, 2007; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Tax Levied. There is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 2006, and ending September 30, 2007, and for each fiscal year thereafter until it be otherwise provided by and ordained on all taxable property, real, personal and mixed, situated within the corporate limits of the Town of Prosper, Texas, and not exempt from taxation by the Constitution of the State and valid State laws, an ad valorem tax for the general operations of the Town at a rate of $0.498817 on each One Hundred Dollars ($100.00) assessed value of taxable property, and shall be apportioned and distributed as follows: a. For the purpose of defraying the current expenses (maintenance and operations) of the municipal government of the Town, a tax of $0.184549 on each One Hundred Dollars ($100.00) assessed value of all taxable property. b. For the purpose of creating an interest and sinking fund to pay the interest and principal on all outstanding debt, capital lease payments, and related fees of the Town, not otherwise provided for, a tax of $0.314268 on each One Hundred Dollars ($100.00) assessed value of all taxable property, within the Town which Page 1 of 3 shall be applied to the payment of such interest and maturities of all outstanding debt. Total tax rate of$0.498817 is based on one hundred percent (100%) market value on each One Hundred Dollars ($100.00)of all taxable property within said Town. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. The Town will raise more taxes for maintenance and operation because the Town's taxable assessed values increased. As stated above, the maintenance and operation rate adopted herein is $0.184549 on each One Hundred Dollars ($100.00) assessed value of all taxable property. SECTION 3: Due Date of Taxes. The taxes assessed and levied hereby are payable anytime after the approval and publication of this Ordinance and not later than January 31 of the year following the year in which the taxes are assessed. Penalties and interest shall accrue as provided by law. However, if the entire taxes due as provided herein are paid in full by January 31 of the year following the year in which the taxes are assessed, no penalty or interest shall be due. SECTION 4: Penalties and Interest. A delinquent tax shall incur the maximum penalty and interest authorized by law. SECTION 5: Place of Payment/Collection. Taxes are payable at the office of the Collin County Tax Assessor/Collector. The Town shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this Ordinance. SECTION 6: Tax Roll. The tax roll, as presented to the Town Council, together with any supplement thereto, is hereby accepted. SECTION 7: Rollback Taxes: All rollback taxes collected during the 2006 fiscal year shall be deposited only in the General Fund of the Town of Prosper, Texas and said funds shall not be allocated, in whole or in part, to the Debt Service fund of the Town. SECTION 8: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 9: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Town hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 10: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. Page 2 of 3 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 12th day of September, 2006. CH E NISWAN , MAYOR `0111111///, ATTEST TO: •% Of PRO i'ti • ,• TTHEW D. DENTON, Town Secretary *I TEMS Date of Publication:5 p'E BE4- 19 f-2 /l02C06 ,Dallas Morning News-Collin County Edition Page 3 of 3 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News—Metro Collin County Edition on: TOWN OF PROSPER, TEXAS ORDINANCE NO. 06100 September 19, 2006 AN ORDINANCE OF PER, TEXASOLEVYING September 21, 2006 TAXES FOR THE 2006 RATE OF $0498817 PER ONE HUNDRED..DOL- SER ( ASSEDVALUE ON LL TAXABLE PROPERTY WITHIN THE CORPO- RATE LIMITS OpF THE TOWN OF PROSPER, TEXAS,* PRO TvvQ!DING WHICH SUCH TAXXES BECOME DUE AND DE- LINQUENT TOGETHER WITH PENALTIES AND INTEREST THEREON; (Lynda Black) PROVIDING FOR RE- PEALING SAVINGS AND SEVtRABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE,. AND PROVID- ING FR THE PUBLI- CATION OF THE CAP TION HEREOF. Sworn to and subscribed before me this September 22, 2006, A.D ,W 11#1rf,,, .N% -“ENF/ 1/., (Lisa Batten e d) • STATE • ; �,� "1,111%W