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Home My WebLink AboutO-1994-1988 ~ "" e e ORDINANCE NO. 94- 1988 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE CITY OF LA PORTE TO ASSUME THE TAX COLLECTING OPERATION OF THE LA PORTE INDEPENDENT SCHOOL DISTRICT; APPROPRIATING $28,389.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 10 The city Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $3,000.00 in personal services, and $25,389 in capital outlay, for a total of $28,389 from the tax budget to fund said contract. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further -. . . ORDINANCE NO. 94-1988 PAGE 2 ratifies, approves and confirms such written notice and the contents and posting thereof. section 30 This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11th day of July, 1994. CITY OF LA PORTE By: 1i$l1~~ No an L. Malone, Mayor ATTEST: ~LJ Sue Lenes, City Secretary APPROVED: w. ASkins, Attorney .... .. . l. STATE OF TEXAS { { COUNTY OF HARRIS { TAX COLLECTION AGREEMENT THIS AGREEMENT for tax collection is entered :l.nto between the City of La Porte, Texas, a municipal corporation, hereinafter called "City", and the La Porte Independent School District, hereinafter called "District", acting herein by and through their governing bodies; and it is hereby agreed as follows: I. GENERAL SCOPE OF SERVICE The City hereby agrees to collect current ad valorem taxes and delinquent ad valorem taxes for the District through its tax collector and tax office, and to act as the collection agency for the District, performing all such duties related thereto. The services performed shall include, but not be limited to: receiving information from the Harris County Appraisal District (HCAD) for purposes of the Certified Appraisal Roll and monthly changes thereto; providing tax roll and payment data to mortgage companies, property owners and tax representatives; providing all necessary assessments of taxes and Truth in Taxation calculations; and periodic deposit of payments received into a District account. II. BILLINGS The City will send billing notices to the District's accounts in accordance with applicable state laws. The City will mail original bills on behalf of the District in October followed by delinquent bills mailed in February and May . The City will take necessary steps. to assure that billings are timely and accurate. Both the City and the District recognize the accuracy and timeliness of billings is dependent upon information received from the HCAD. l -=- .~ III. DEPOSIT AND REFUND OF FUNDS Funds collected by the City on behalf of the District will be made on a daily basis into an account specified by the District. City assumes no responsibility for the funds once they have been deposited into the District's account. The District recognizes its responsibility for assuring its bank balances are fully collateralized in accordance with appropriate state laws. City will notify District of such deposits amounts via telephone or fax each day a deposit is made. Refunds of previously paid funds caused by changes in the tax roll as reported by the HCAD will be made in accordance with applicable state laws. Refunds of previously paid funds will be offset against future funds deposited. .~ .1. Funds that have been deposited into the District account as collected that later are deemed uncollected by the City's bank will be offset against future funds deposited. The collection of such funds will be performed by the City in the same manner the City follows to collect similar funds it is due. . . IV. REPORTS The City will provide the District the following reports Periodic: Billing amounts created by the original roll or monthly updates from HCAD Weekly: Summary totals of the previous weeks collections/deposits Monthly: Summary totals of all monthly transactions reconciliations to previously reported balances. with Annual: Paid Tax Roll Delinquent Tax Roll The City will provide the District with any specialized reports the District might require, if requested in writing. City will provide said specialized reports for the District at a cost of $40.00 per hour spent compiling said specialized reports. V. AUDITS The City will provide to the District auditor necessary explanation for all reports and access to the Dist~ict records kept and maintained by the City. In addition, if requested in writing by the District, City will provide audit schedules for the District at a cost of $40.00 per hour spent compiling ft~d schedules . ~ VI. COMPLIANCE WITH APPLICABLE STATUTES. ORDINANCES. AND REGULATIONS In pe~forming the services required under this Agreement, the City shall comply with all applicable federal and state statues, case law, opinions of the Texas State Attorney General, Court orders and Comptroller regulations. If such compliance is impossible for reasons beYQnd its control, the City shall immediately notify the District of that fact and the reasons therefor. VII. DELINQUENT COLLECTIONS The City will assess and collect the fifteen percent (15%) collection fee pursuant to Section 33.07 of the Property Tax Code, when permitted by law. The City will disburse the amount directly to the firm the District has contracted with for its Delinquent Tax Collections. :; .1. The City and the District currently utilize the same firm as their individual Delinquent Collection Attorney. It is anticipated, but not required, that the City will extend its contract with said firm to coincide with the contract end date the District has with the firm. Upon expiration of the District contract with the firm, continuance with the firm or selection of a new firm can be made separately by the respective governing bodies of the City and District. However, recommendations for selection of one firm to provide tax collection services for both the City and the District may be made by a committee consisting of two City Council Members and two District Trustees. Staff will recommend to the aforementioned committee qualified candidates. . . VIII. TERM OF AGREEMENT This agreement shall be for an initial term of three (3) years, commencing on August 1, 1994 and continuing through July 31, 1997. Either party may cancel this agreement by providing 180 days written notice to the presiding officer of the governing board of the other party. After the expiration of the initial three year term, the agreement will continue on a year to year basis unless terminated pursuant to this provision. IX. COMPENSATION The City hereby agrees to accept as compensation and the District agrees to pay to City as full compensation, the sum of Three Dollars and Sixty Cents ($3.60) for each separate assessed item on the tax roll of the District, as reported by the HCAD in its first certified roll and includes both those accounts certified and uncertified. District shall pay City by February 28th for the tax year just billed. City may retain all fees received for issuance of tax certificates on District tax accounts, to compensate City for the cost of the issuance of such tax certificates. j ~ - "....C!i.- YITN~SS 'OLTR.l~DS, this 11th day of July, 1994. City of La Porte By: G<~ ~ ~ City Manager .J",l~ 1\ \ q Clt\ I Date S::LJ City Secretary '7/1119/ 1>a te La Porte Independent School District By: President, Board of Trustees Date ATTEST: Secretary Date ~}'.? ~~~