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HomeMy WebLinkAboutResolution 1999-053 RESOLUTION NO, 99-53 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute an agreement with Tarrant County Tax Assessor-Collector to collect the ad valorem taxes of the City of North Richland Hills. A copy of said agreement is attached hereto and made a part hereof, PASSED AND APPROVED this 9th day of August 1999. APPROVED: ATTEST: ,~ &atitð,(¡¿~ Patricia Hutson - City Secretary APPROVED AS TO CONTENT: (Ja~ Larry Koonc , ST ATE OF TEXAS X X COUNTY OFT ARRANT X AGREEMENT Agreement made this ~day of Al!'Jud .1999, by and between June Garrison, Tarrant County Tax Assessor-Colléctor, and Tarrant County, hereinafter referred to as ASSESSOR/COLLECTOR, whose address is 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the CITY of North Richland Hills, hereinafter referred to as CITY, whose address is P. o. Box 820609, North Richland Hills, Texas 76182-0609. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the CITY. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on taxable property upon which the CITY has imposed said taxes. The ASSESSOR/COLLECTOR shall PERFORM THE SAID SERVICES IN THE SAME MANNER AND FASIDON AS TARRANT COUNTY COLLECTS ITS OWN TAXES due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to: receiving information from the Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and rapid deposit payment processing. All CITY disbursements, made by check or by electronic transfer (wire), for collected tax accounts will be made to the CITY on the day the County Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement will be withheld until the cumulative total of taxes collected for the CITY equals one hundred dollars ($100.00), or at the close of the month. II. REPORTS The ASSESSOR/COLLECTOR will provide the CITY the following reports, ü requested: Daily: General Ledger Distribution Report Weekly: Detail Collection Report (Summary) Monthly: Tax Roll Summary (Totals Only) Month End Report Detail Collection Report (Summary) General Ledger Revenue & Expense Report Agriculture Rollback Collection Report Delinquent Tax Attorney Tape (Exhibit A) Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll The ASSESSOR/COLLECTOR will provide additional reports as follows: Other requested reports that require programming: Other reports requiring computer run-time: 5 25.00 per hour 5350.00 per hour llI. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of forty cents (5.40) per financial transaction. A financial transaction occurs when a CITY account is credited with a payment or debited for a refund. Page 2 of6 IV. AUDITS The ASSESSOR/COLLECTOR will provide to the CITY auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in-house tax system computer terminals to assist the CITY auditor in verifying audit samples of the fmancial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. If the CITY elects to have its auditors conduct a "computer system assurance review audit" requiring assistance from ASSESSOR/COLLECTOR system's programmers and accountants, the fee is $660.00 per day, which will be deducted from the CITY'S current collections at the end of the month. V. TAX RATE REQUIREMENT The CITY will provide the ASSESSOR/COLLECTOR, in writing, their newly adopted tax rate and exemption schedule to be applied for assessing purposes no later than 2:00 p.m., Thursday, September 16, 1999. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the CITY. If the CITY wishes its collection reports to be itemized out as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates, as well as the total rate. The tax rate and the exemption schedule for each of the last fIVe (5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VI. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes, 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 ASSESSOR/COLLECTOR shall immediately notify the CITY of that fact and the reasons therefor. Page 3 of6 VII. DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the CITY shall be promptly transferred to the account of the CITY at their depository bank. Electronically transferred funds incur an additional fee which will be charged back to the CITY and deducted from those collected funds. If the CITY desires its tax disbursements to be made by electronic transference of funds (wire) the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the electronic transference of the CITY'S funds from the County Depository to the CITY'S designated depository. VID. REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the CITY of changes in the tax roll which were mandated by the Tarrant Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past fIVe (5) years are provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit "B". All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the CITY'S jurisdiction. The proportional share is based upon the CITY'S percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. IX. DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the fifteen percent (15%) collection fee pursuant to Sections 33.07 and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will disburse the amount directly to the CITY for compensation to a Firm under contract to the CITY. Page 4 of5 If the delinquent collection Attorney contracted by the CITY requires attendance of Tax ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the county is not a party, the employee's expenses and proportionate salary will be the responsibility of the CITY and will be added to the collection expenses and charged to the CITY. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts information is provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit "B". X. TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 1999 tax year, unless sooner terminated by providing sixty (60) day written notice, as outlined in paragraph XI. XI. NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. XII. MISCELLANEOUS PROVISIONS This instrument and Exhibits "A" and "B" hereto contain the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. Page 5 of6 In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas. BY: JUNE GARRISON TAX ASSESSOR/COLLECTOR TARRANT COUNTY DATE FOR THE CITY OF NORTH RICHLAND IDLLS: BY: ~/. f//7/P7 DATÉ " TITLE: FOR TARRANT COUNTY: BY: TOM VANDERGRIFF TARRANT COUNTY JUDGE DATE Page 6 of6