The URL can be used to link to this page

Home My WebLink AboutO-2000-2417 e e ORDINANCE NO. 00 - ~lIflFJ 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 PROVIDE THE TAX COLLECTING OPERATION OF THE LA PORTE INDEPENDENT SCHOOL DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING 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 city for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statues Annotated: and that this meeting has been open to the public as required 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 00- ,..u'1 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 l(Hh DAY OF July, 2000. City of La Porte. By: 4~/v-- / "~an L Malone, Mayor ATTEST: vfYI au:AfL)/J.1bil Martha Gillett, City Secretary cz;;: I Knox W. Askins, City Attorney e e STATE OF TEXAS } } COUNTY OF HARRIS } TAX COLLECI'ION AGREEMENT l1ns AGREEMENT for tax collection is entered into 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 goveming 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 perfoaned shall include, but not be limited to: receiving information from the Harris County Appraisal District (HCAD) for pmposes 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 deposits of payments into Districts account II. BIT.T TNGS 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. 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 ~ accordance with appropriate state laws. City will notify District of such deposit 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. Funds that have been deposited in the District account as collected that later are deemed uncollected by the City's bank will be offset against future funds deposited. The City will perfoan the collection of such funds in the same manner the City follows to collect similar funds it is due. e e 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 week's collections/deposits Monthly: Summary totals of all monthly transactions with reconciliations to previously reported balances. 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 District 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 said ~chedules. VI. COMPLAINCE WITH APPUCABLE STATUES. ORDINANCES. AND REGULATIONS In perfonning 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 beyond its control, the City shall immediately notify the District of that fact and the reasons therefor. VII. DELINOUENT COT T RCI'IONS The City shall 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 it Delinquent Tax Collections. The City and the District currently utilize the same firm as their individual Delinquent Collection Attorney. Upon expiration of the Attorneys contract, continuance with the firm or selection of a new firm can be made separately by the respective governing bodies of the City or the 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 the aforementioned committee qualified candidates. VIII. TERMS OF AGREEMENT e e This agreement shall be for a tean of three (3) years, commencing on August 1, 2000 and continuing through July 31, 2003. 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 three-year tean, the agreement will automatically renew on a year to year basis unless teaninated pursuant to this provision. IX. COMPENSATION The City hereby agrees to accept as compensation and the District hereby agrees to pay to the City as full compensation, the sum of Three Dollars and Eighty-five Cents ($3.85) for each separate assessed item on the Districts certified roll, as reported by the HCAD on its first roll and includes both those accounts certified and uncertified, for the 2000-01 District fiscal year. . The compensation shall increase each year by twenty-five cents ($0.25) for each separate assessed item with a cap of four dollars and thirty-five cents ($4.35) in the third year (2002-03 fiscal year) of the contract City shall invoice District, and District shall pay City by Febmary 28th for the tax year just billed. City may retain all fees received for issuance of such District tax accounts, to compensate for the cost of the issuance of such tax: certificates. WITNESS OUR HANDS, this 13tbtayof June .2000. ~~~~ Mr. Gordon Westmoreland, President Board of Trustees Mrs. Henrietta Allen, Secretary Board of Trustees --f~~~ 'fYldlik-lIattd Mayor Norman Malone, City of La Porte Mrs. Martha Gillette, City Secretary