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HomeMy WebLinkAboutO-1994-1991 . . ORDINANCE NO. 94- 1991 AN ORDINANCE APPROVING AND AUTHORIZING A TAX COLLECTION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES; 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 e ORDINANCE NO. 94- 1991 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: Mayor ATTEST: ~ ~~ Sue Lenes, City secretary ~: ox W. Ar::J: City Attorney ~ ~: _. ClllcY of JL21 JPOTflce Established 1892 July 27, 1994 city of Shoreacres 601 Shoreacres Blvd La Porte, Texas 77571 Attention: Mayor Wayne Gamble Dear David: Attached please find two (2) original copies of the agreement between city of La Porte and City of Shoreacres for collection of current ad valorem taxes and delinquent ad valorem taxes for the City of Shoreacres. Also, attached is a certified copy of Ordinance No. 94-1991, approving and authorizing the agreement, passed by the La Porte City Council, July 25, 1994. After the ci ty of Shoreacres signs the two (2) copies of the agreement, please return one (1) original to the City of La Porte, attention Sue Lenes, City Secretary, P.O. Box 1115, La Porte, 77572-1115. If I can be of further assistance please call me at 471-5020 extension 221. sincerely, ~~ Sue Lenes, city Secretary cc: R.T. Herrera, city Manager Jeff Litchfield, Director of Finance P.O. Box 1115 0 La Porte, Texas 77572-1115 0 (713) 471-5020 . 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 Shoreacres, a municipal corporation, hereinafter called "Shoreacres" , acting herein by and through their governing bodies; and it is hereby agreed as follows: I. GENERAL SCOPE OF SERVICE La Porte hereby agrees to collect current ad valorem taxes and delinquent ad valorem taxes for Shoreacres through its tax collector and tax office, and to act as the collection agency for Shoreacres, 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 Shoreacres. II. BILLINGS La Porte will send billing notices to Shoreacres's accounts in accordance with applicable state laws. La Porte will mail original bills on behalf of Shoreacres 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 Shoreacres 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 Shoreacres will be forwarded to Shoreacres 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 Shoreacres'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 Shoreacres 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 Shoreacres with any specialized reports Shoreacres might require, if requested in writing. La Porte will provide said specialized reports for Shoreacres at a cost of $40.00 per hour spent compiling said specialized reports. V. AUDITS La Porte will provide to the Shoreacres auditor necessary explanation for all reports and access to Shoreacres's records kept and maintained by La Porte. In addition, if requested in writing by Shoreacres, La Porte will provide audit schedules for Shoreacres 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 Shoreacres 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 Shoreacres 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 Shoreacres, as reported by the HCAD in its first certified roll and includes both those accounts certified and uncertified. Shoreacres 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 Shoreacres 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 -,\ 9. (0 \ it l.\ Date ATTEST: S'.J1 L.~ ~ City Secretary ate City of ~aere. By: ~.J -Ii.- Ma r f-9-9'1 Date ATTEST: ~ ~ecretary · 8~/9~ Date