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HomeMy WebLinkAboutContract 35967 CITY SECRETARY CONTRACT NO. § Agreement For The Collection Of Taxes COUNTY OF TARRANT § C� benP-64-6F- it's Agreement made this N—Ity of , 2007, by and between the Tarrant County Tax Assessor/C lector, hereinafter referred to as ASSESSOR/ OL ECTOR, and Tarrant County, hereinafter referred to as the COUNTY, oth of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of Fort Worth'.Public Improvement Districts,hereinafter referred to as District, whose address is 1000 Throckmorton St, Fort Worth, Tx 76101- 6311. PURPOSE OFAGREEMENT 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 District. NOW THEREFORE,in consideration of the mutual promises herein contained,the parties hereto agree as follows: assess meh+5 I. / asSessmeA SERVICES TO BE PERFORMED The ASSESSO COLLECTOR agrees to collect the due and owing on t��e property upon which the District has imposed said . The ASSESSOR/COLLECTOR shall perform the said services in the same manner and fashion as Tarrant County collects its own taxes due and owing on taxable property situated within its boundaries. The services performed are as follows: receiving the Certified Appraisal Roll from the Tarrant Appraisal District 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 payment processing. All District disbursements,made by check or by electronic transfer(wire or ACH),for collected tax accounts will be made to the District 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 may be withheld until the cumulative total of taxes collected for the District equals at least one hundred dollars($100.00),or at the close of the month. II, REPORTS The ASSESSOR/COLLECTOR will provide the District the following reports,if requested: Daily: General Ledger Distribution Report Weekly: Detail Collection Report(Summary) Monthly. Tax Roll Summary(Totals Only) Year-to-Date Summary Report Detail Collection Report(Summary) Distribution Report(Summary) Delinquent Tax Attorney Tape Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll A selection of the above listed Reports will only be available by internet access. The ASSESSOR/COLLECTOR will provide the District the General Ledger Revenue&Expense Report monthly as required by Sec.3 1.10 of the Texas Property Tax Code. III. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR,compensation for the services rendered is a rate of fifty cents($.50)per account. The number of accounts will be based on the October billing roll certified to the ASSESSOR/COLLECTOR by The Tarrant Appraisal District.New accounts added by The Tarrant Appraisal District will be billed to the entity. The ASSESSOR/COLLECTOR will invoice for all these accounts by January 15, 2008 with payment t be received from the District by February 15,2008. lJ N � 7 The scope of services identified in this contract does not include the administration of a rollback election. In the event of a successful rollback election,these costs incurred by the Tarrant County Tax Office will be separately identified,billed,and paid by the entity. IV. A UDITS The ASSESSOWCOLLECTOR will provide to the District auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in-house tax system computer terminals to assist the District auditor in verifying audit samples of the financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. If the District elects to have its auditors conduct a "computer system assurance review audit" requiring assistance from ASSESSOWCOLLECTOR system's programmers and accountants,the fee is$660.00 per day,which will be deducted from the District's current collections at the end of the month. V. TAX RA TE REQ UIREMENT aSSt.SSr a yk roks: {oral l Public, i'mproVZr►^0y\+ The District will provide the ASSESSOR/COLLECTOR, in writing, the Bis --n—A., a� .— rye-ate d�Si^�i t�S exemption sehadul to be applied for assessing purposes by Wednesday, September ,2007. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax staterr.ents because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the District. If the ' trict wishes its collection reports to be itemized as to maintenance and operation fund and interest and sinking fund then e n 'cc advising of the new tax rate must set out the separate rates,as well as the total rate. l2 The tax rate and the exemption schedule for each of the last five (5)years in which an ad valorem t as 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 WITHAPPLICABLE STATUTES,ORDINANCES,AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes, final Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control,the ASSESSOWCOLLECTOR shall immediately notify the District of that fact and the reasons therefore. VII. DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the District shall be promptly transferred to the account of the District at the District's depository bank. All payments to entities will be made electronically either by the automated clea.-ing house (ACH) or wire transfer. Wire transferred fiords will incur an additional fee, which will be charged back to the District and deducted from those collected funds. The transfer fees charged will be the same fees charged to the County by its bank depository. If the District desires its tax disbursements to be made by wire transfer the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the wire transfer of the District's funds from the COUNTY Depository to the District's designated depository. VIIL INVESTMENT OF FUNDS The District hereby agrees that the COUNTY,acting through the COUNTY Auditor,may invest collected ad valorem tax funds of the District during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the District all interest or other earnings attributable to taxes owed to the District. The ASSESSOR/COLLECTOR agrees to deliver to the COUNTY Auditor all ad valorem taxes collected on behalf of the District for investment on a timely basis. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the District. IX. REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the District 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. 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 District's jurisdiction. The proportional share is based upon the District's percent of the tax accounts total levy assessed at the time of receipt of the over or erroneous payment. In the event any lawsuit regarding the collection of taxes provided for in this agreement to which City of Fort Worth Public Improvement Districts is a party, is settled or a final judgment rendered, and which final judgment is not appealed, and the terms of such settlement agreement or final judgment require that a refund be issued by City of Fort Worth Public Improvement Districts to the taxpayer, such refund shall be made by ASSESSOR/COLLECTOR by debiting funds collected by ASSESSOR/COLLECTOR on behalf of City of Fort Worth Public Improvement Districts and remitting such refund to the taxpayer in conformity with the terms of the settlement agreement or final judgment. X DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the collection fee pursuant to Sections 33.11,33.07, 33.08 and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will collect attorney fees that are specified by the District through written agreement with a delinquent collection Attorney. The ASSESSOR/COLLECTOR will disburse the amount directly to the District for compensation to a Firm under contract to the District. If the delinquent collection Attorney contracted by the District requires attendance of 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 District and will be added to the collection expenses and charged to the District. 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. TERNS OFAGREEMENT This Agreement shall become effective as of the date hereinabove set out,and shall continue in effect during the 2007 tax year, unless sooner terminated by providing sixty(60)day written notice,as outlined in paragraph XII. XII. 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. MIL MISCELLANEOUS PROVISIONS This instrument hereto contains 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. In case any one 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. Execu on the and year first above written,Tarrant County,Texas. Y. ETSY C DATE T SS SOR/COLLECTOR T T COUNTY FOR THE CITY OF FORT WORTH PUBLIC IMPROVEMENT DISTRICTS: BY: Karen L . Montgom y DATE TITLE: Assistant Ciy Ma ger/CFO . _ C-22273 '1 FOR TARRANT COUNTY: ._ BY:_ _ r� Attests By, B. GLEN WHITLEY DATE TARRANT COUNTYJUDGE lifarty He r�x _ APPROVED AS FORM* 7D CO NT City Secretary BY. / B7 STRICT ATTORNEY'S OFFICE D E *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s) . Page 1 of City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/31/2007 DATE: Tuesday, July 31, 2007 LOG NAME: 13TARRANTCOPID REFERENCE NO.: **C-22273 SUBJECT: Authorize Execution of an Agreement with Tarrant County Tax Assessor-Collector for the City of Fort Worth Public Improvement Districts Assessment Collection Services for the 2007 Tax Year RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement between the Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing collection services of the Fort Worth Public Improvement Districts (PID) Assessments levied by the City for the 2007-2008 Tax Year covering the period October 1, 2007 to September 30, 2008. DISCUSSION: On June 20, 2006, (M&C C-21517) the City Council authorized the City Manager to execute an agreement with the Tarrant County Tax Assessor-Collector for assessment and collection services of PID Assessments levied by the City for the 2006 Tax Year covering the period October 1, 2006 to September 30, 2007. The agreement for the 2007 Tax Year is the standard agreement that Tarrant County uses with all of the taxing entities for which it collects taxes. The terms of the agreement are the same as last fiscal year. The fee structure remains $0.50 per account. The cost for fiscal year 2007-2008 for each PID will be: PID Accounts Cost 1 (Downtown) 1174 $587.00 6 (Park Glen) 4448 $2,224.00 7 (Heritage) 2767 $1,383.50 8 (Camp Bowie) 610 $305.00 11 (Stockyards) 180 $90.00 12 (Chapel Hill) 229 $114.50 9408 $4,704.00 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds for this expenditure will be included in the City Manager's Proposed Budget for FY 2007-2008 in the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/11/2007 Page 2 of GG01 539120 0134010 $4,704.00 Submitted for City Manager's Office by� Karen Montgomery (6222) Originating Department Head: Lena Ellis (8517) Additional Information Contact: Becky Wood (8550) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/11/2007