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Home My WebLink AboutO-1994-1990 . e ORDINANCE NO. 94- 1990 AN ORDINANCE APPROVING AND AUTHORIZING A TAX COLLECTION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN I S POINT; 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 1. 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. 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 ratifies, approves and confirms such written notice and the contents and posting thereof. . e ORDINANCE NO. 9~- 1990 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of July, 1994. CITY OF LA PORTE By: h~F- N rman L: al ne, Mayor ATTEST: ~'-L ~ Sue Lenes, City Secretary Knox City e . CITY OF MORGAN'S POINT STATE OF TEXAS SS COUNTY OF HARRIS SS I, the undersigned, City Clerk of the City of Morgan's Point, Texas, do hereby certify that Ordinance 94- 333 was passed and approved by the CUy Council at a Regular Meeting held on the 10th day of August, 1994, at which meeting a majority of the City Council present voted in f.,vor of the Ordinance. I further certify that said meeting was properly posted according to the law, prior to the date of the meeting. WITNESS MY HAND AND SEAL OF OFFICE, this the 7th day of September, 1994 ~~ David A. Paulissen City Administrator/Clerk City of Morgan's Point, Texas ----- .... e ..---' e ~-, ORDINANCE 94-333 AN ORDINANCE APPROVING AND AUTIIORIZING A TAX COLLECTION AGREEMENT BETWEEN TilE CITY OF MORGAN'S POINT AND TilE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO TilE SlIBJECT; FINDING COMPLIANCE WITIl TilE OPEN MEETINGS LAW; PROVIDING AND EFFECTIVE DATE IIEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF TilE CITY OF MORGAN'S POINT: Section I. The City Council hereby llpproves and lllllhorizes lhe conlracl, agreemenl, or underlnking described in Ihe lhle of lhe Ordinance, in subslanlially lhc form as shown in Ihe documenl which is aUached herelo and incorporaled herein by lhis refcrcncc. Thc Mayor is hereby aulhorized 10 excculc such documcnl and all rclalcd documcnls on behalf of Ihe cil)' of Morgan's Poin!. lhe Cily Adminislralor/Clcrk is hcrcby aulhorizcd 10 aUcsllo all such signa lures and 10 affix Ihe seal of lhe Chy to all such doeumcnts. Section 2. The City COllncil officially finds. dClcrmines. rccitcs lllld dcclarcs Ihal a suffieienl 'Hillcn noticc of the dalc, hour, plaec and sub.iect of this meeling of thc City Council was postcd lIt a placc cOll\'cnicnt 10 Ihc public allhe Ch}' lIall of the Cily for Ihe time requircd by law prcccding Ihis mceLing. as required by the Open MeeLings Law. Articlc 6252-11, Texas Revised Civil Stalules Annotatcd; and that this meeting has been open to the public as required by law at nil times during which Lhis ordinance and the subjcct maUcr thereof has becn discussed considered nnd formally acted upon. The Cily Council furlher ratifies, approvcs and confirms such wriUennolice and Ihe conlcnls and posling Lhcrcof. Section 3. INTRODUCED, READ nnd PASSED by affirmalive ,'olc of Ihc mltioriLy of the Cit)' Council of lhc Cily of Morgllll's Point, Tcxns, on Ihis Ihe HUh day of Augusl, 1994. ~Agap ~~ Ma} A TIEST: [6hJ (' .~. )\~: A: t..1. \...- "J_",J<.:.- '--. \ Cily Administrator/Clerk APPROVED: ~1J LJ. {1dA/~ e e STATE OF TEXAS { { COUNTY OF HARRIS { TAX COLLECTION AGREEMENT THIS AGREEMENT for tax collection is entered into between the City of La Porte, Texas, a municipal corporation, hereinafter called "La Porte", and the City of Morgan's Point, a municipal corporation, hereinafter called "Morgan's Point", acting herein by and through their governing bodies; and it is hereby agreed as follows: 1. GENERAL SCOPE OF SERVICE La Porte hereby agrees to collect current ad valorem taxes and delinquent ad valorem taxes for Morgan's Point through its tax collector and tax office, and to act as the collection agency for Morgan's Point, 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 remittance of payments received to Morgan's Point. II. BILLINGS La Porte will send billing notices to Morgan's Point's accounts in accordance with applicable state laws. La Porte will mail original bills on behalf of Morgan's Point in October followed by delinquent bills mailed in February and May. La Porte will take necessary steps to assure that billings are timely and accurate. Both La Porte and Morgan's Point recognize the accuracy and timeliness of billings is dependent upon information received from the HCAD. III. REMITTANCE AND REFUND OF FUNDS Funds collected by La Porte on behalf of Morgan's Point will be forwarded to Morgan's Point on a weekly basis. 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 remitted. Funds that have been remitted to Morgan's Point's as collected, that later are deemed uncollected by La Porte's bank, will be offset against future funds remitted. The collection of such funds will be performed by La Porte in the same manner La Porte follows to collect similar funds it is due. . . IV. REPORTS La Porte will provide Morgan's Point the following reports Periodic: Billing amounts created by the original roll or monthly updates from HCAD Weekly: Summary totals of the previous weeks collections Monthly: Summary totals of all monthly transactions reconciliations to previously reported balances. with Annual: Paid Tax Roll Delinquent Tax Roll La Porte will provide Morgan's Point with any specialized reports Morgan's Point might require, if requested in writing. La Porte will provide said specialized reports for Morgan's Point at a cost of $40.00 per hour spent compiling said specialized reports. V. AUDITS La Porte will provide to the Morgan's Point auditor necessary explanation for all reports and access to Morgan's Point's records kept and maintained by La Porte. In addition, if requested in writing by Morgan's Point, La Porte will provide audit schedules for Morgan's Point at a cost of $40.00 per hour spent compiling said schedules. VI. COMPLIANCE WITH APPLICABLE STATUTES. ORDINANCES. AND REGULATIONS In performing the services required under this Agreement, La Porte 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 beyond its control, La Porte shall immediately notify Morgan's Point of that fact and the reasons therefor. VII. DELINQUENT COLLECTIONS La Porte will assess and collect the fifteen percent (15%> collection fee pursuant to Section 33.07 of the Property Tax Code, when permitted by law. . . VIII. TERM OF AGREEMENT This agreement shall be for an initial term of three (3) years, commencing on August I, 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 La Porte hereby agrees to accept as compensation and Morgan's Point agrees to pay to La Porte as full compensation, the sum of Three Dollars and Sixty Cents ($3.60) for each separate assessed item on the tax roll of Morgan's Point, as reported by the HCAD in its first certified roll and includes both those accounts certified and uncertified. Morgan's Point shall pay La Porte by February 28th for the tax year just billed. La Porte may retain all fees received for issuance of tax certificates on Morgan's Point tax accounts, to compensate La Porte for the cost of the issuance of such tax certificates. WITNESS OUR HANDS, this 25th day of July, 1994. City of La Porte By: G<~~ T. ~ City Manager -, I a.(o \ C\.~ Date ATTEST: ~ LJ ~r City Secretary By: '~' '.~. _ .. . j (j JA~ f)jll)F4.~ City Admini~tr.tor Date