HomeMy WebLinkAboutO-1981-1288
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ORDINANCE NO.
1288
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AN ORDINANCE PROVIDING FOR CERTAIN ADDITIONAL PENALTY
IN CONNECTION WITH DELINQUENT TAXES OWED TO THE CITY OF
LA PORTE (HEREINAFTER REFERRED TO AS THE "TAXING UNIT")
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
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Section 1. It shall be the declared policy of the
Taxing Unit that the expenses of collecting delinquent
taxes owed to the Taxing Unit now an unfair burden on
the general revenue and the taxpayers who pay on time,
should be borne instead by the delinquent properties
and their owners who are responsible for causing such
expenses; and to effectuate this policy, the Taxing Unit
hereby orders that such costs be charged against, the
delinquent properties and their owners as "Additional
Penalty" as herein provided, and the same are hereby
made a part of the tax liens against the delinquent
property to which each such costs is attributable.
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Section 2. The Taxing Unit's designated Attorney
with whom the Taxing Unit has contracted pursuant to
Section 6.30 of the Property Tax Code, VTCA, shall
assist, by suit or 'otherwise, in the collection of
delinquent taxes owed to the Jurisdiction, and to
recover such costs, Jurisdiction shall be entitled to
and shall collect an Additional Penalty of fifteen
percent (15%) of the delinquent taxes, penalty and
interest due on each delinquent' property at the time
of collection, before or after suit and/or foreclosure
sale, provided further that as to payment of taxes
delinquent and owing from the most current year, the
Additional Penalty as to that year shall be added as
specified above at the maximum of fifteen percent (15%)
commencing July 1 of the calendar year next succeeding
the year for which taxes are due.
Section 3. If any provision of the Ordinance or
the application thereof to any person or circumstances
is held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which
can be given effect without the invalid provisions or
application, and to this end provisions of the Ordinance
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Ordinance No. 1288
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are declared to be severable. It is further specifically
provided that if any of the Additional Penalty herein
provided ever should be determined upon final adjudication
to be in excess of the amount(s) allowed by any applicable
law(s), then any such Additional Penalty nevertheless
shall be valid and collectable for the maximum amount(s)
allowed by law, the same as if such maximum amount(s)
had been ,specifically ordained herein in words and
figures.
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Section 4. If it ever should be determined by a
final adjudication that this action should have been in
some form other than an Ordinance, then and in that event,
the above and foregoing shall be considered to have been
passed, approved and adopted by the governing body of
the Taxing Unit as a Resolution or an Order or in
whatever form is legally necessary under Section 33.07,
Property Tax Code, VTCA, or any other applicable statute,
to impose the charges above specified.
Section 5. This Ordinance shall be effective on
and after January 1, 1982. All previous Ordinances
currently in effect imposing a Collection Expense on
delinquent taxpayers in the nature of an Additional
Penalty are hereby revoked effective January 1, 1982.
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PASSED AND APPROVED, this the
1981.
4th day of November
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CITY OF LA PORTE
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(J)Jt , _
J. J. Meza, Mayor
ATTEST,:
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APPROVED:
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