cipal of such certificates as such principal matures (but never less

Transcription

1 V NO AN ORDINANCE LEVYING AD VALOREM TAXES FOR PAYMENT OF INTEREST AND CREATION OF A SINKING FUND ON MUNICIPAL DEBT FOR THE FIS CAL YEAR; PROVIDING WHEN TAXES SHALL BE COME DUE; AND PROVIDING WHEN TAXES SHALL BECOME DELINQUENT IF NOT PAID WHEREAS, the City Council of the City of Camp Wood, Texas, finds that an ad valorem tax must be levied to provide for the payment of principal and interest on outstanding debt maturing in the fiscal year; and WHEREAS, by Partial udgment and Order entered by the 38th District jpn Court of Real County, Texas, on August 22, 1989, in cause no. ( CV, styled Leo Osterhaus, Relator, v. The City Coun- > cil of Camp Wood, Texas, et al, said Court ordered that the City Council compute, levy, and collect an ad valorem tax sufficient to raise and produce the money required to pay the interest on its Combination Tax and Revenue Certificates of Obligation, Series 1988, and to provide and maintain a sinking fund adequate to pay the prin cipal of such certificates as such principal matures (but never less than 2% of the original principal amount of the certificates as a sinking fund each year); - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAMP WOOD, TEXAS: SECTION 1. There is hereby levied and there shall be collected in United States of America currency to provide for the payment of in terest and a sinking fund for the fiscal year, a tax of $1.50 on each One Hundred Dollars' valuation of all real, personal, and mixed property within the corporate limits of the City of Camp Wood, Texas, subject to taxation. SECTION 2. The Real County Appraisal District shall serve as collector of taxes for the City of Camp Wood, Texas. SECTION 3. The ad valorem taxes levied shall become due on October j*n 1, 1989, and may be paid up to and including anuary 31, 1990, with- "' out penalty, but if not paid, such taxes shall become delinquent on

2 February 1, SECTION 4. All taxes levied by this ordinance shall become a lien upon the property against which assessed, and the designated tax collector for the City of Camp Wood is hereby authorized and em powered to enforce the collection of such taxes according to the Constitution and laws of the State of Texas and ordinances of the City of Camp Wood, and shall by virtue of the tax rolls fix and establish a lien by levying upon such property, whether real or personal, for the payment of said taxes, penalty, and interest, and the penalty and interest shall be apportioned to the general fund of the City of Camp Wood, Texas. All delinquent taxes shall bear interest from the date of delinquency at the rate provided by law. SECTION 5. This ordinance may be amended to reflect the certified property values, when available, or to comply with the provisions of Article VIII, Section 21, Texas Constitution, and Chapter 26 of the Texas Property Tax Code. SECTION 6. This ordinance takes effect on the date of its passage PASSED, APPROVED, and ADOPTED this 31st day of August, 'UL ^4^LLC Nell Halsell, Mayor ATTEST: $hh* A)/k^A Doris Ward, City Secretary -2-

3 f^ No CV Leo Osterhaus, Relator IN THE DISTRICT COURT v. OF REAL COUNTY, TEXAS The City Council of Camp Wood, Texas, 38th UDICIAL DISTRICT and oe Templer, Charlie Creech, osh Cox, Pat O'Bryant, Ben Carabjal and oe Mills, Respondents PARTIAL UDGMENT ANtf ORDER At the hearing on this cause, the attorneys for Relator Leo Osterhaus and Respondent City Council of Camp Wood, Texas, have agreed that the facts supporting the issue of a writ of mandamus are as alleged in paragraphs I through IV and VI in (^ Relator's Petition for Writ of Mandamus and that judgment should be rendered for Relator as requested on the issue of the writ of mandamus. The court finds that Respondent City Council of Camp Wood, Texas, is under a legal duty to perform the following acts: 1. Compute, levy and collect an ad valorem tax sufficient to raise and produce the money required to pay the interest on its Combination Tax and Revenue Certificates of Obligation, Series 1988 (hereinafter, the "Certificates"), and to provide and maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year). 2. Compute, levy and collect the aforesaid ad valorem tax from the date of issue Partial udgment and Order - Page 1

4 ^ ofthe Certificates and during each year while any ofthe Certificates or interest thereon are outstanding and unpaid and to do and perform all other acts-all as required by Article XI, Sections 5 and 7 of the Constitution of the State of Texas and the Ordinance of the City of Camp Wood, Texas, authorizing the issue of the Certificates. Based on such findings the court is of the opinion that judgment should be rendered in favor of Relator on this issue and that a Writ of Mandamus should be issued to compel Respondent to perform said acts. IT IS THEREFORE ORDERED: 1. That a peremptory writ of mandamus issue directing and commanding the Respondent to perform immediately the following acts: ^ a.) Compute, levy and collect an ad valorem tax sufficient to raise and produce the money required to pay the interest on its Combination Tax and Revenue Certificates of Obligation, Series 1988 (hereinafter, the "Certificates"), and to provide and maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year). b.) Compute, levy and collect the aforesaid ad valorem tax from the date of issue of the Certificates and during each year while any of the Certificates or interest thereon are outstanding and unpaid and to do and perform all other acts all as required by Article XI, Sections 5 and 7 of the Constitution of the State of Texas and the Ordinance of the City of Camp Wood, Texas, authorizing the issue of the Certificates. ) Partial udgment and Order- Page 2

5 1 hereof; 2. That said Writ of Mandamus is incorporated in this Order and made a part 3. That costs of suit be taxed against Respondent; 4. That the issue of attorney's fees be heard and decided by this court at a future date; 5. That Relator shall have all process necessary to enforce this judgment. SIGNED on //u*,j< /?r Approved for form: m attorney or Respondents C'rty Council of Camd'Vvood, Texas j Partial udgment and Orrfer - Page 3