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2004-119S:\Our Documents\Ordinances\04~Delinquent Tax penalty amendment.doc AN ORDINANCE AMENDING CHAPTER 10, SECTION 10-2(d) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE INCREASE IN THE PENALTY FOR DELINQUENT TAXES STILL DUE AS OF JULY 1, OF THE TAX YEAR FROM 15 PERCENT TO 20 PERCENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton pursuant to Texas Tax Code Sec. 6.30 contracts with an attorney to collect delinquent taxes; and WHEREAS, Texas Tax Code Sec. 6.30 caps the compensation to such contracted attorney to 20 % of the amount of delinquent tax, penalty, and interest collected; and WHEREAS, Texas Tax Code Sec. 33.07 allows the imposition of a penalty for delinquent taxes that are still delinquent on July 1 of the year in which they become delinquent to deft'ay the cost of collection and the penalty cannot exceed the amount allowed in Sec. 6.30; and WHEREAS, the City of Denton, Texas has imposed a penalty of 15% by ordinance, the Council now desires to increase the penalty to 20% so additional compensation may be paid to the attorney contracted to collect delinquent taxes; and~ WHEREAS, the Council for the City of Denton finds that it is in the public interest to increase the delinquent tax penalty to 20%; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Article I of Chapter 10, Sec. 10-2(d) of the Code of Ordinances is amended to read as follows: Section 10-2. Payment of taxes, penalty, and interest. (d): On any taxes upon property, both real and personal, that remain delinquent on July 1 of the year they become delinquent, there is hereby imposed an additional penalty of twenty (20) percent on the amount of such delinquent taxes, penalty, and interest due. SECTION 2. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of Article I of Chapter 10 of the Code of Ordinances shall remain in full fome and effect. SECTION 4. This Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~ ~ dayof ~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2