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HomeMy WebLinkAboutR86-120 RESOLUTION NO.R86-12~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING AN AMEND~~ CONTRACT FOR ASSESSMENT AND COLLECTIONS SERVICES BETWEEN THE HALE COUNTY~P~iS~ DISTRICT AND THE CITY OF PLA/NVIEW. WHEREAS, the City of Plainview entered into a contract with the Hale County ApPraisal District (District) whereby the District would collect taxes for the City effective October 1, 1985; and WHEREAS· the District has been collecting taxes for the City to the satisfaction of the City since that time; and WHEREAS· the ApPraisal District wishes to amend the contract providing for a termination date of December 31 1986 instead of September 31, 1986 in order to coincide with the District,s fiscal year; and ' ' · WHEREAS· the City has no problem with said amendment and feels that it is in the best interest of its citizens. NOW THEREFORE BE IT RESOLVED by the Mayor and the City Council of Plainview, Texas that the Mayor is hereby authorized to execute an "amendment to contract for assessment and collection services·,, a copy of which is attached and made a permanent part of this ResolU=ion' with the Hale County ApPraisal District. PASSED AND APPROVED this the 9th day of June· 1986. · ~v~ayor ATTEST: AMENDMENT TO CO~T~ACT FOR ASSESSMENT AND COLLECTION SERVICES This Agreement is to amend a contract for assessment and collection services heretofore entered into by and between HALE COUNTY APPRAISAL DISTRICT (the District) and the undersigned governmental entity (Taxing Unit) and is as follows: The contract amended hereby (the Contract) is between the parties hereto and is dated ' · This amendment shall be attached to and become a part of the contract. The contract is amended to provide that its termination date shall be December 31, 1986 instead of September 30, 1986., in District,sorder that appraisal the term of the contract will coincide with the budget which ends December 31st of each year. During the additional three months hereby added to the contract, Taxing Unit shall continue to pay the monthly allotment being paid during 1986 prior to this amendment. Ail other provisions of the contract shall remain the same and are hereby ratified and confirmed. EXECUTED this day of · 1986. HALE COUNTY APPRAISAL DISTRICT BY: President, Board of Director~ The District HALE COUNTY APPRAISAL DISTRICT P. O. Box 29 PLAINVIEW, Texas 79072 REC.EWE May 23, 1986 Mr. Jim ,J~effers, C.~-'-~ - City of Plainview ~ty. Manager P.O. Box 1870 Plainview, Texas 79072 Dear Mr. jim Jeffers: Enclosed please find the amendment to the Con- solidated Collection Contract and the amended bud- get. The Hale County Appraisal District Board of Directors and I would appreciate your consideration in extending the contract from September 30, 1986 to December 31, 1986. The reason for asking for this extension is that the appraisal and collection budget Would be on the same fiscal year. This will make approving budgets, auditing and bookkeeping more efficient and timely. The amended extended budget consists of you making the same monthlypayment for the three addi- tional months With the budget being amended by that amount. If you have additional questions or need other i~formation., please call. It has been a pleasure providing the assessment and collection service for you this Past Year andwe are hopefully looking forward to providing this service next year. Thank you for your cooperation and support. Sincerely, ~es, Chief Appraiser CONTRACT FOR ASSESSMENT AND COLLECTION SERVICES On this the 23~_~_._ day o~ A_~ Hale County Appraisal District (the DISTRICT> and the under- ~, 1985, the Signed governmental entity (TAXING UNIT) enter into the ~oI- lowing agreement. PURPOSE 1. The Parties to this agreement ~ish to consolidate the assessment and collection oi~ entity,s PrOPerty taxes into one agency, the Hale County APPraisal District and City _of Plainview enter into this agreement to eliminate the duplication oi~ the existing system and to mote governmental e~iciencg, pro- The Parties ente~ this -contract Pursuant to the authority granted by Section 6.24, Property Tax Code, and Texas Revised Civil Statutes Annotated Article 4413 entitled "The Interlocai Cooperation Act", ~ith the board directors o~ the Appraisal District ~or the district to Perform duties relating to the assessment or collection o~ taxes. TERMS The e~ective date o~ ~iI1 be October 1, o~ the year in ~hich this signed ~or current taxes and~ ~or delinEuent taxes, ~rom t~e point the delinEuent rolls mre balanced and are agreed upon. This agreement is e~ective until September 30, 1986, PrOvided, however, that the DISTRICT shall ~inalize unfin- ished obligations hereunder a~ter the last e~ective day the contract. The TAXIN~ Ur~IT agrees to make its collection records and any Other pertaining thereto available to the DISTRICT For valuation and planing purposes From the time agreement is signed. TAXING UNIT ~urther agrees to bear any direct andjuo~necessargl costs throughPreparat°rgSeptember ~Ot° actual collections ~rom $6,766.76). ' · (Estimated Costs = This contract shall continue in ~u!l ~orce and e~ect ~rom gear to gear until such time as either partg hereto, bg written notice to the other, mag terminate the smme, such termination to be e~ectiYe onlg i~ Provided to the other partg on or before dulg I o~ the gear in which the partg intends ~or the contract to terminate, i~ termination OCCurs, the appraisal dist?ict shall deliver all documenta- tion, rolls, etc., associated with tax collections, to the Taxing unit bg August i o~ the gea~ in which the contrmct is to terminate.,, O~iciai notification ~o~ ang action concern- ing this contract should be sent bg certified mail. Send 1. ) Linda dagnes Hale Countg Appraisal District P.O. Box ~ Plainvie~ Texas 7~07~ 2. ) Gitg Manager Gitg o~ Plain¥iew P.O. Box 1870 Plainview, Te~as 7~07~ SERVICES TO BE PERFORMED The DISTRICT shall perform, through a Board o~ Tax Pro- ~essionaI Exmminers registered or certified assessor-col- lect°r, alt duties and ~unctions o~ assessment and coilec- tion o~ ad valorem propertg taxes ~or the TAXINg UNIT as provided under the Prope~tg Tax Code and the State P~opertg Ta~ Board Roles~ as included in t~e Definitions section o~ this contract. Speci~icallg, the DISTRICT agrees to P~epare consolidated tax statements ~or each ta~Pager. The DISTRICT shall mail said tax statements to taxpayers. However, i~ the TAXINg UNIT ~ails to adopt its ta~ rate bg September 15th or i~ the TAXINg UNIT's adopted tax rmte is rolled back, the costs ~or additional publicmtions and notices will be t~e responsibilitg o~ the TAXINg UNIT; and ang additional costs incurred bg the DISTRICT ~or late and sepmrate ta~ bill processing or issuance o~ corrected bills aSSociated therewith s~ali be strictlg acCOUnted ~or bg the DISTRICT and shall be pagable bg the TAXINg UNIT upon submis- sion o~ that accounting bg DISTRICT. The TAXINg UNIT herebg designate the chie~ appraiser o2 DISTRICT as its tax assessor ~or purposes o~ compliance with Chapter ~6 o~ the Texas Propertg Tax Code, as amended. In addition, the Parties agree that the chie~ appraiser o~ the DISTRICT shall Perform ali the duties reEui?ed bg law o~ the tax aSsessor-collector o2 TA×INQ UNI~ in regard to assessing and collection o~ ad valorem taxes. The DISTRICT will not issue rePunds to taxpagers, but will Provide documentation to the TAXING UNiT as to reasons and amounts o~ re~unds. Refunds ~ill be made bg TAXING UNIT. The DISTRICT mill be responsible ~or development and maintenance o~ current and delinquent tax roils ~or TAXING UNIT. The TAXING UNIT herebg agrees and expresslg author- izes DISTRICT to contrmct on TAXING UNiT's behai~ ~ith pri- Vate legal counsel ~or the collection o9 delinquent taxes. TAXING UNIT 9urther agrees that such ~ee which is mllowed by la~ and Provided 9or in contract ~or PriVate legal counsel shall be withheld ~rom TAXING UNiT's bank deposits mhd retained bg DISTRICT ~or the aCCount o~ the TAXING UNIT. DISTRICT agrees to timeig disburse the ~ees withheld to the legal counsel in accordaqce with the terms o~ the contract ~or legal counsel. i0. Ang cost incurred bg the DISTRICT ~or extraordinarg collection Procedures such as seizure o~ PrOpertg, auction- eer's ~ees, storage ~ees, etc., therebg.shall be Paid on a prorata basis bg the entities benefiting I1. The DISTRICT shmll provide the ~ollowing request or on a regular basis- 1) Monthtg and annual reportScoliec_Upon personalti°n reports,propertg~) Reports seizures on all installment agreements and occurring before the delinqu~ncg date, 3) Progress reports on delinquent tmx suits being ~iled, 4) Reports relevant to information kept bg the ap- Praisai district ~hich the state requires the TAXING UNIT to ~ill out, and O) ang other such report as required by law. PAYMENT The TAXIN~ UNITS agree to pag the DISTRICT the cost o~ performing the services speci~iedUNiT,sabove. These costs shall thebe allocated among manner: the TAXING Each contracting ~ollo~ing TAXINQ UNIT shall pagserviceSthe pot-in tion o~ 'the cost o~ assessing and collection that is equal to the proportion that the total Ievg o~ collection accounts ~or that taxing unit bears to the sum o~ the total Ievg o~ collection accounts o~ atl taxing units ~or Which the DiS- TRICT assesses and collects taxes. (Estimated Costs ~or (15) ~i~teen months = $25,375.35). 13. The appraisal district shall estimateail its cost o~ as- sessing and collecting taxes ~or Participating units each gear during the normal budgeting Process ~ortaxingthe aPPraisal district. The estimate o~ the cost o~ assessing and Collecting shmli be approved in the Same manner as the rest or the aPPraisal district,s budget. However, the cost o~ assessment and collection shall be separatelg stated ~rom the remainder o~ the aPPraisal district budget.Should the amount estimated ~or assessment and collection Prove, insu~- eicient, the aPPraisal district mmg mmend the budget at that time bg Utilizing the same Procedures normailg Used to amend the district,s budget. 14. The cost o~ assessing ann collect~n~ TAXINg UNIT shall be billed to the TA×iNQ- ~ UNITtmxeSmonthlg~°r each and shall be paid to the appraisal district in monthig install- ments. The chie~ mPpraiser and the governing bodg o~ the TAXiNg UNIT mag agree to delag a Pagment ~rom a TAXINg UNIT or to mrrange a different method o~ Pagment. 15. The DISTRICT shmii retain no more than tmo (2) operating monies at the end o~ a budget year. monthig RE'~ITTANCE OF COLLECTION 16. Deposits to the TAXINg UNIT's designated depositorg will be deposited on a weeklg basis unless the collected amount e~cesses $500.00 in which Case deposits milt be made dailg. Deposits will be made on the above basis Unless, reasons begond the DISTRICT,s control~ manual balancing has to(3) bedags.done, in which Case deposits will be made within three 17. It is understood that in most cases remittances to the TAXINg UNiT will be based upon uncollected ~unds which mag not be collected ~or reasons such ms insufficient ~unds, closed aCCounts, stop Pagment, or other reasons. In such Cases, when checks are returned to the apprmisal district it shall make remsonmbie attempts to collect Said ~unds, such as re-depositing checks, but no extrmordinarg COllection measure shall be reEui~ed on the part o~ the DISTRICT. Furthermore, at ang time, the DISTRICT can noting the TAXINg UNIT o~ ang SUch returned checks or other event,, and the TA×INO UNIT. o~ any such returned checks or other event, and the TAXINg UNIT shall remit the amount in Euestion directly to the DISTRICT within three (31 days o~ the date demand is made therefor. ADMINISTRATIVE PROVt~IONS~ o 18. All expenses incurred by the DISTRICT ~or the assess- ment and collection o~ taxes shall be clea~iy kept on the books and records o~ the DISTRICT. The TAXINg UNITS or their designated representatives are authorized to exmmine the records to be kept by. the DISTRICT at such reasonable times and intervals as the TAXINg UNITS deem ~it. Such books and records ~ili be kept in the TRICT. o~ices o9 the DiS- The DISTRICT shmll also provide ~or an independent au- dit o~ its budget and collection operation every danumry to be contracted bg DISTRICT and with a ~inal report ~rom audit- inQ ~irm to the TAXINg UNIT. The DISTRICT agrees to secure such Employee bonds as may be reasonable to insure the TAXINg UNIT ~rom loss o~ mssets or monies. The said bond ~iil be a blanket $100,000.00 policg. - position The DISTRICT shall maintain a P?o~essionml Liability Insurance Policy Covering all o~icers, o~icials, and employees in the amount o2 $1,000,000.00. MISCELLANEOUS PROVISIONS The TAXINg UNIT agrees to trmns~er to the control o~ the DISTRICT, ~ithout charge, all records and cabinets hold- ing records necessary ~or the Performance o~ the duties mhd responsibilities o~ the DISTRICT Pursuant to the contract. These recoeds shall include all tax records, including delin- Euent tax rolls. These records and cabinets shall remain the Property o~ the TAXINO UNIT an~ ~ill be ~eturned to the TAXIN~ UNIT at such time as it is determined what will be micro-~ilmed, records The contracting TAXINg UNIT will give a complete and accurate roll o~ their delinEuent taxes to the DISTRICT, a~ter Which the DISTRICT ~ill enter this information onto its COmputer. The DISTRICT, TA×INQ UNIT and auditors shall agreedelinEuentin writing taxes begin, upon balanced totals be~or=_ collection o~ The DISTRICT shall not be limb'le to the TAXiNg UNIT on aCCount o~ ang ~ailu~e to collect taxes nor shall the Chie~ aPPraiser be liable unless the ~ailure to Collect taxes re- sults ~rom some ~ailure on. his or her Part, in a timelg mmn- nar, to Perform the duties imposed upon him mhd bg this agreement, or her by law Pagments bg the TAXiNg UNITS ~or the service unde~ this contract shall be made ~rom curr~n~ the TAXIN~ UNIT. - ~ revenues mvailabie to TAXINg UNIT agrees that all Gees collected bg DISTRICT ~or issuing tax certificates shall be retained bg DISTRICT and deposited to the tax collection account. All such reven- ues shall be budgeted and aPplied exclusivelg to the account o~ the TAXiN~ UNiT on the next tax collection budget. DEFiNiTiONS For purposes o~ this agreement, the the terms "assessment- and "Collections- shall include ~Ollo~ing~ o~ tax, preparation o~ current and delinRuent tax calculation rolls, Proration o~ ta~es~ correction o~ clerical errors in tax rolls, collection o~ cur?ent Iiabilities~ Collection o~ de- linEuent ta~es, and calcuimtion o~ an e~ective tax rate ~equi~ed bg Section ~6.04 o~ the Propertg Tax Code. The term "assessment,, shall not include those ~unctions defined as "aPpraisal- 5g the Prope~t~ Tax Code. EXECUTED in molti~Ie HALE COUNT'K APPRAISAL DISTRICT unit) ----- day oi~ GOUN~X APP~AI~ DISTRIC~ 1985 - 86 ~RO~O~,D EX~D COLLECTION BUDGET 20.01.1 2001.1. 2002 · 1 2005.1 2006 · 1 ~010.1 2011.1 2012.1 2002.1 2030.1 2040.1 3000.1 3001. 3002. 3003. 3004 · 3005 · 3OO/ 3OO8 3020.1 ~mini~trat ive Salary F~c:~t~ta,t-~~r Salary Conlm~ Operator Salary Col/~t ~n C~ ~ 3030.1 3031.1 ~f t~xe Group 3038.1 MR ~tenance 3040.1 3044 3 050.1 3051.1 3052.1 Trawl out of County Vmhi~l~ & Msal Exsm_nse in County 3063.. 1 0 0 0.1 llllNl)ll~ EXP. & [~OM~SI~%L SER. 4004.1 4005.1 4OO ol Legal Services ~ta Proceasing Services A~ooumt in~ Services 6000.1EffJT~~ 5,126.33 X 3 e 15,378.99 Total Monthly Allotment is $5,126.33 40,500 53,000 2,400 2,400 200 200 5,760 5,760 150 150 400 400 1,500 1,500 5,000 5,000 6,000 6,000 1,500 1,500 300 300 1,500 1,500 600 600 1,125 1,125 250 750 750 800 800 50O 5OO 1,500 1,500 1,000 t,000 500 500 3,000 3,000 1,660 4,788.99 76,895 ~2,273.99 15,378.99 92,27-3--.99--