05-71 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 05-71
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS LEVYING TAXES FOR THE 2005 TAX
YEAR AT THE RATE OF $0.405385 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, 2005, and ending September 30, 2006, 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 13th day of
September, 2005,the budget for the fiscal year beginning October 1, 2005, and ending September 30, 2006; 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, 2005, and ending September 30, 2006, 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$0.405385 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$0.220836 on each One Hundred Dollars($100.00) assessed value of all taxable property,
within the Town which shall be applied to the payment of such interest and maturities of all
outstanding debt.
Total tax rate of $0.405385 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.
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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. The previous maintenance and operation rate was
$0.188440 on each One Hundred Dollars($100.00) assessed value of all taxable property,which was a higher rate.
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. The penalties and interest provided for herein shall accrue after January 31 of the year following
the year in which the taxes are assessed. 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 Section 33.01, Texas Property Tax Code, to-wit: a penalty of six percent(6%) of the amount of the tax
for the first calendar month it is delinquent, plus one percent(1%)for each additional month or portion of a month the
tax remains unpaid prior to July 1 of the year in which it becomes delinquent.
Provided, however, a tax that is delinquent on July 1 of the year in which it becomes delinquent shall incur a
total penalty of twelve percent(12%) of the amount of the delinquent tax without regard to the number of months the
tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent (1%) for each month or
portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1 of the year in which they become
delinquent shall incur an additional penalty of twenty percent(20%) of the amount of taxes, penalty and interest due;
such additional penalty is to defray the costs of collection as authorized by Section 6.30, Texas Property Tax Code.
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 2005 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/Repealinq 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.
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SECTION 10: Effective Date: This Ordinance shall become effective from and after its adoption and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on
this 13th day of September, 2005.
CHAR NISWA , MAYOR
ATTEST TO:
S ANAE JENNINGS, wn Secretary
Date of Puolication: fall Dr �5-- ,Dallas Morning News—Collin County Edition
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