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Home My WebLink AboutResolution - 2019-R0022 - Lubbock Central Appraisal District - Bell Farms - 01/22/2019Resolution No. 2019-R0022 Item No. 8.16 January 22, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for the Collection of Assessments Levied on Property Within the Bell Farms Public Improvement District, by and between the City of Lubbock and Lubbock Central Appraisal District of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 22, 2019 DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Ju m P itt, Bus ness evelopment Director APPROVED AS TO FORM: INk A064W'-e- - K Ili Leisure, Assistant City Attorney ccdocs/RES.Interlocal Agreement-LCAD, Bell Farms Public Improvement District 1.7.19 Resolution No. 2019-R0022 INTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS LEVIED ON PROPERTY WITHIN THE BELL FARMS PUBLIC IMPROVEMENT DISTRICT This Interlocal Agreement for the Collection of Assessments Levied on Property Within the Bell Farms Public Improvement District (this "Agreement") is made by and between the City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the "City"), and the Lubbock Central Appraisal District, (the "LCAD") (each a "Party" and collectively the "Parties"), for the collection of assessments levied within the Bell Farms Public Improvement District of the City of Lubbock (the "PID") pursuant to the authority granted by, and in compliance with, the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and the provisions of Chapter 372 of the Texas Local Government Code (the "Act"). RECITALS WHEREAS, on May 24, 2018 the City Council of the City (the "Council") passed Resolution 2018-RO182 according to the Act, and designated the Council as the entity responsible for the management and provision of services to the PID, with such Resolution attached to this Agreement as "Exhibit A"; and WHEREAS, on July 12, 2018, the Council passed Ordinance 2018-00079, approving the Service Plan for the PID, with such Service Plan attached to this Agreement as "Exhibit B"; and WHEREAS, the Council levied assessments for 2018 in accordance with the Service Plan; and WHEREAS, the Act requires that the Council annually review the Service Plan, prepare and file a proposed assessment roll with the City Secretary, schedule a public hearing and receive public comment on the proposed assessments to be levied on the property within the PID, and levy assessments according to the Service Plan; and WHEREAS, the Council desires to enter into a contract with LCAD to provide all the services necessary for the collection of assessments levied by the Council against the property within the PID and to deposit such assessments with the City for the benefit of the PID; and WHEREAS, LCAD is able and willing to perform said assessment collection services and desires to enter into a contract with the City for the collection of assessments levied on property within the PID; and NOW THEREFORE, the Parties agree as follows: AGREEMENT ARTICLE I: RECITALS AND EXHIBITS MADE A PART OF AGREEMENT The representations, covenants, and recitations set forth in the foregoing Recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Article I. Exhibits A and B attached hereto are incorporated into this Agreement as if fully set forth herein. Cite of Lubbock & Lubbock Central Appraisal District — Bell Farms PID Assessment Collection Agreement— November, 2018 Page 4 ARTICLE II: RESPONSIBILITIES OF LCAD (a) LOAD, acting by and through its duly authorized officers, does hereby agree to perform all calculation and collection services on behalf otthe PID pursuant to the Act and City Ordinance 2018-00079, and to forward said funds to the City for deposit into a fund designated for assessments levied on property within the PID (the "PID Fund"). (b) LCAD agrees to identify the properties within the PID liable for assessment and to calculate the assessment due to the PID based on the City's 2018 net taxable value as determined by LCAD for each property designated to be assessed under Ordinance 2018-00079. (c) LCAD will send assessment bills to each affected property owner within the PID prior to November 15, with such assessment bills due the following January 31. On or before March 1 of each year, and again prior to May 1, LCAD will calculate the amount of assessments collected from property owners within the PID, and such amount shall be forwarded to the City for deposit into the PID Fund. ARTICLE III: RESPONSIBILITIES OF THE CITY (a) The City shall provide to LCAD the following documents: a certified copy of Ordinance 2018- 00079; a list of the properties within the PID, identified by legal description and appraisal district account number, designated for assessment under current and future assessment ordinances; and, the name and phone number of a designated City official to be included on the annual assessment bill for the purpose of answering questions concerning the assessment contemplated under this Agreement. (b) The PID, acting by and through its Board of Directors and the Council, does hereby agree to pay to LCAD as compensation for services rendered pursuant to this Agreement, for all parcels within the PID, an amount equal to the cost per parcel for all other cities and independent school districts as calculated in the AGREEMENT FOR ASSESSMENT AND COLLECTION OF TAXES between the City and LCAD or one quarter ('/) of one percent (1%) of the annual collection budget of LCAD, whichever is greater. (c) The compensation considered in Article III (b) shall be deducted by LCAD from the total annual PID assessment collected prior to the collected funds being forwarded to the City for deposit. Such deduction in the total annual amount of annual collected assessment shall include a notation of the amount deducted and all relative documentation. ARTICLE IV: COLLECTION OF DELINQUENT ASSESSMENTS LCAD may contract with any competent attorney to assist in the collection of delinquent assessments on behalf of the City acting for the PID. The attorney's compensation shall be set in the contract, but the total amount of compensation provided to the attorney may not exceed the amount authorized in Section 6.03 of the Texas Property Tax Code. Said compensation shall be a deduction in the total annual amount of annual collected assessment and shall include a notation of the amount deducted and all relative documentation. City of Lubbock & Lubbock Central Appraisal District — Bell Farms PID Assessment Collection Agreement — November, 2018 Page 5 ARTICLE V: TERM The term of this Agreement shall be for a period of one (1) year, beginning on the date of its execution by the Parties below (the "Term"). The Term may be extended through a writing signed by the Parties that incorporates identical provisions laid out in this Agreement (an "Extension"). ARTICLE VI: TERMINATION (a) This Agreement shall not be terminated for convenience by either Party during the Term or any Extension. (b) Upon the breach of any of the provisions contained in this Agreement, the non -breaching Party may terminate this Agreement after giving sixty (60) days written notice to the breaching Party. (e) In the event of early termination provided for in section (b) of this Article, LCAD shall immediately forward to the City any and all funds collected before termination in accordance with Articles II and IV of this agreement. ARTICLE VII: NOTICE Whenever notice of any kind is authorized or required to be made under this Agreement, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested and addressed to the Parties as set out below, or to such other address as may hereafter be designated: BELL FARMS PUBLIC IMPROVEMENT DISTRICT LUBBOCK CENTRAL APPRAISAL DISTRICT SPECIAL DISTRICTS COORDINATOR, CITY OF LUBBOCK CHIEF APPRAISER, LCAD P.O. Box 2000 P.O. Box 10542 162513TH STREET 2109 AVENUE Q LUBBOCK, TExAs 79457 LUBBOCK, TExAs 79408 ARTICLE VIII: AMENDMENTS This Agreement constitutes and expresses the entire arrangement between the Parties and shall not be amended or modified except by written instruments signed by both Parties. SIGNATURES IN WITNESS WHEREOF, the Parties hereby execute this Agreement by their duly authorized representatives on January 22, 20198- For the CITY: 6=As�� Daniel M. Pope, Mayor For LCAD: Name (Signatur City of Lubbock & Lubbock Central Appraisal District— Bell Farms PID Assessment Collection Agreement— November, 2018 Page 6 For LCAD: ATTEST: 4BecG'arza, City Secret ry AS TO CONTENT: J4J Pruett, Business Development Director AS TO FORM: /Akm/� elli Leisure, Assistant City Attorney City of Lubbock & Lubbock Central Appraisal District — Bell Farms PID Assessment Collection Agreement— November, 2018 Page 7