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TDD R001 Page 1 of 2 RESOLUTION NO. 001 A RESOLUTION OF THE KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT OF THE CITY OF KENNEDALE, TEXAS, DIRECTING THE IMPOSITION OF A MAINTENANCE ASSESSMENT AND COLLECTION THEREOF FOR PROPERTIES LOCATED WITHIN THE KENNEDALE RETAIL CENTER, KENNEDALE, TEXAS. WHEREAS, a Petition was received from the Kennedale Economic Development Corporation requesting the Kennedale TownCenter Development District (TDD) to finance improvements/impose a maintenance assessment of properties located in the Kennedale Retail Center, Kennedale, Texas; and WHEREAS, the TDD desires to consider an assessment of $2.840677 per $100, in accordance with the requirements of House Bill No. 1300, Chapter 3866.152 to impose an ad valorem tax, assessment, or impact fee and use the proceeds of the tax, assessment, or impact fee for: (1) any district purpose, including the payment of debt or other contractual obligations; or the payment of maintenance and operating expenses. WHEREAS, all statutory and constitutional requirements concerning the maintenance assessment have been completed. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT OF THE CITY OF KENNEDALE, TEXAS: Section 1. For the current expense of the TDD and for the general improve ments to the property, there is hereby levied and ordered to assess and collect for the fiscal year beginning October 1, 2009 and ending September 30, 2010, and for each fiscal year thereafter until it be otherwise provided and ordained, on all property situated within the TDD, and not exempt from taxation by valid laws, an assessment rate of $2.840677 on One Hundred ($100.00) Dollars valuation of such property. City of Kennedale $0.722500 Kennedale ISD $1.488610 Tarrant County $0.264000 Tarrant Hospital $0.227897 Tarrant College $0.137670 Total Assessment $2.840677 Section 2. That the assessment herein is levied according to law and shall be due and payable on October 1, 2009, and the same shall become delinquent on February 1, 2010. Should any property owner fail to make payment before the date of delinquency, the penalty as provided by law shall be assessed until the unpaid assessment has been satisfied. Section 3. Pursuant to the authority granted by Section 33.07 of the Texas Tax Code, in the event that the 2009 assessment becomes delinquent on or after February 1, but not later than May 1 of the year in which they become delinquent, and in the event such delinquent Page 2 of 2 assessment is referred to an attorney for collection, an additional amount of twenty percent (20%) of the total amount of assessment, penalty and interest then due shall be added as collection costs to be paid by the property owner, for all assessment delinquent on or after July 1, 2010. Section 4. Pursuant to the authority granted by Section 33.08 of the Texas Tax Code, the TDD further provides that all 2009 assessments that become delinquent on or after June 1 of the year in which they became delinquent shall, in order to defray the costs of collection, incur an additional twenty percent (20%) of the delinquent assessment, penalty, and interest. Section 5. In the event any section, sub-section of this Resolution shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any oth er section, sub-section, but all the rest thereof shall be in full force and effect just as through the section, sub-section, sentence so declared or adjudged invalid or unconstitutional was not original part thereof. Section 6. This Resolution shall become effective immediately upon its passage and approval of the TDD of the City of Kennedale, Texas on this the 26 th day of January 2010, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Texas Government Code §551.001, et seq. PASSED AND APPROVED BY THE KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT (TDD) OF THE CITY OF KENNEDALE ON THE 26TH DAY OF JANUARY 2010. Chairman, Robert Mundy ATTEST: Kathy Turner, City Secretary