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Home My WebLink AboutO-2000-2438 e e Ordinance No. 00 - "li'~ll AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR THE CITY OF LA PORTE TO PROVIDE THE TAX COLLECTING OPERATION OF THE CITY OF MORGAN'S POINT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAlNED 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 w:hich is attached hereto and incorporated herein be 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 fmds, 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- g.1j~~ PAGE 2 Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, TillS 14TH DAY OF August, 2000 City of La Porte. By: I/nJI?~/;-/ Norman L Malone, Mayor ATTEST: ~~~ Martha Gillett, City Secretary -- 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 Morgans' Point, a municipal corporation, hereinafter called "Morgans' Poinf', 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 Morgans' Point through its tax collector and tax office, and to act as the collection agency for Morgans' Point, performing all such duties related thereto. The services performed shall include, but not be limited to: receiving infonnation from the Hams 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 Morgans' Point II. BILLINGS Lr.Porte will send billing notices to the Morgans' Poinfs accounts in accordance with applicable state laws. La Porte will mail original bills on behalf of Morgans' 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 Morgans' 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 Morgans' Point will be forwarded to Morgans' 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 Morgans' Poinfs 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 coIled similar funds it is due. IV. REPORTS e e La Porte will provide Morgans' Point the following reports: Periodic: Billing amounts created by the original roll or monthly updates &om HCAD. Weekly: Summary totals of the previous week's collections. Monthly: Summary to~s of all monthly transactioris with reconciliation's to previously reported balances. Annual: Paid Tax Roll Delinquent Tax Roll La Porte will provide Morgans' Point with any specialized reports Morgans' Point might require, if requested in writing. La Porte will provide said specialized reports for Morgans' Point at a cost of $40.00 per hour spent compiling said specialized reports. v. AUDITS La ~orte will provide to Morgans' Point auditor necessary explanation for all reports and access to Morgans' Point records kept and maintained by La Porte. In addition, if requested in writing by Morgans' Point, La Porte will provide audit schedules for Morgans' Point at a cost of $40.00 per hour spent compiling said schedules. VI. COMPLAINCE WITH APPLICABLE STATUES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, La Porte shall comply with all applicable federal; and state stabJes, case law, opinions of the Texas State Attomey General, Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond .its control, La Porte shall immediately no'tify Morgans' Point of that fact and the reasons therefore. VII. DELINQUENT COLLECTIONS La Porte sha1l assess and collect the Fifteen percent (15%) collection fee pursuant to Section 33.07 of the .Property Tax Code, when permitted by law. La Porte will disburse the amount directly to the firm Mo.tga1ls' Point has contracted with for Delinquent Tax Collections. La Porte and Morgans' Point currently utilize the same fi.an as their individual Delinquent Collection Attorney. Upon expiration of the Attorneys contract, continuance with the fi.an or selection of a new fi.an can be made separately by the respective governing bodies of La Porte or Morgans' Point VIII. TERMS OF AGREEMENt This agreement shall be for a term 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 tenn, the agreement will automatically renew on a year to year basis unless teaninated pursuant to this provision. IX. COMPENSATION e e La Porte hereby agrees to accept as compensation and Morgans' Point hereby agrees to pay to La Porte as full compensation, the sum of Three DollaJ:s and Eighty-five Cents ($3.85) for each separate assessed item on Motgalls' Point certified roll, as reported by the HCAD on its first roll and includes both those accounts certified and uncertifi.ed, for the 2000-01 Morgans' Point fiscal year. The compensation shall inaease 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 of the contract.. La Porte shall invoice Morgans' Point, and Morgans' Point shall pay La Porte by Febrwuy 28th for the. tax year just billed La Porte may retain all fees received for issuance of tax certificates on Morgans' Point accounts, to compensate for the cost of the"issuance of such tax certificates. WITNESS OUR HANDS, this ~y of (~f" .2000. City of La Porte Br- ~~tf- Da~-,rFd() ~ I1it11L,;f~bf City ecretaty 'tL1-1oo ate . .. -- OcJ A~ ~ ~~".Id ' Ci s . , ty i/ tary . 1--/ f). -l'l) Date