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HomeMy WebLinkAboutResolution - 2010-R0215 - Agreement W/ Lubbock Central Appraisal District To Provide Services With Quincy - 05/13/2010Resolution No. 2010-RO215 May 13, 2010 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the Lubbock Central Appraisal District to provide all the services necessary for the collection of the assessments levied by the City Council against property in the Quincy Park Public Improvement District. 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 Council. Passed by the City Council on May 13 , 2010. &0-i� -- TOM MAR IN, MAYOR ATTEST: Is -9--C Rebec ,a Garza, City Secreta APPROVED AS TO CONTENT: Rob Alli on, As -nt Crty Manager Business Development APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney City Att f Linda Res -Quincy Park PID Collection Agreement April 22, 2010 Resolution No. 2010-RO215 INTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS LEVIED ON PROPERTY WITHIN THE QUINCY PARK PUBLIC IMPROVEMENT DISTRICT, CITY OF LUBBOCK, TEXAS STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into this 13th day of May , 2010, between the City of Lubbock (hereinafter called "City") and the Lubbock Central Appraisal District, (hereinafter called "Appraisal District") for collection of assessments levied within the Quincy Park Public Improvement District of the City of Lubbock (hereinafter called the "Quincy Park PID") pursuant to the authority granted by and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and the provisions of the Public Improvement Assessment Act, Chapter 372, Texas Local Government Code. WHEREAS, the City Council of the City of Lubbock in Resolution No.2009- R0219 passed May 28, 2009, authorized and created the Quincy Park Public Improvement District (Exhibit A) under Chapter 372 of the Texas Local Government Code, and designated the Lubbock City Council as the entity responsible for the management of and provision of services and improvements to the District; and WHEREAS, on June 11, 2009, the City Council passed Resolution No. 2009- R0223, approving the Service Plan which contained an Assessment Plan for the Quincy Park Public Improvement District; and WHEREAS, the City Council levied assessments for 2010 in accordance with the Quincy Park PID Assessment Plan and Chapter 372 of the Texas Local Government Code in Ordinance No. 2009-00065; and WHEREAS, Chapter 372 of the Texas Local Government Code requires that the City Council on an annual basis review the Service Plan (Exhibit B); prepare and file a proposed assessment roll with the City Secretary; schedule a public hearing to consider the proposed assessments and receive public comment; and levy assessments according to the Assessment Plan(Exhibit C); and WHEREAS, the City Council of the City of Lubbock desires to contract with the Appraisal District to provide all the services necessary for the collection of assessments levied by the City Council against property in the Quincy Park PID and deposit with the City of Lubbock for the benefit of the Quincy Park Public Improvement District; and WHEREAS, the Appraisal District is able and willing to perform said collection services and is desirous of entering into an agreement with the City for collection of assessments levied within the Quincy Park Public Improvement District; Quincy Park PID LCAD Agreement NOW THEREFORE, the parties hereto agree as follows: ARTICLE I RECITALS AND EXHIBITS 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, B, C and D, attached hereto are incorporated into this Agreement as if fully set forth herein. ARTICLE II RESPONSIBILITIES OF THE APPRAISAL DISTRICT The Appraisal District, acting by and through its duly authorized officers, does hereby agree to perform all calculation and collection services on behalf of the Quincy Park Public Improvement District of the City of Lubbock, pursuant to Texas Local Government Code Chapter 372 and City of Lubbock Ordinance No. 2009-00065 (Exhibit D), and to forward said funds to the City of Lubbock for deposit into the Quincy Park Public Improvement District Fund. The Appraisal District agrees to identify properties within the PID boundary and to calculate the assessment due to the Quincy Park Public Improvement District based on the City's 2010 net taxable value (as determined by the Appraisal District) for each property designated to be assessed under the current assessment ordinance, which is Ordinance No. 2009-00065. Assessment bills will be sent to affected property owners for the 2010 assessment and the assessment will be due January 31, 2011. Future years' assessments shall be determined and billed in like manner, pursuant to the then current assessment ordinance. Future years' bills will be sent prior to November 15, and due the following January 31. On or before March 1 of each year, and again prior to May 1, the Appraisal District will calculate the amount of assessments collected and the funds due to the Quincy Park Public Improvement District will be forwarded to the City for deposit in the Quincy Park Improvement District Fund. ARTICLE III RESPONSIBILITIES OF THE CITY The City will provide to the Appraisal District a certified copy of the assessment ordinance; a list of the properties, 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 by September 30 of each year that this agreement continues in force. In addition, to the extent permitted by law, the City and the Quincy Park PID agree to defend and hold harmless the Appraisal District against any challenges made to any of the terms of this agreement by non-parties to the agreement. Quincy Park PID LCAD Agreement 2 The Quincy Park PID, acting by and through its Board of Directors, the City Council of the City of Lubbock, does hereby agree to pay to the Appraisal District as compensation for services rendered pursuant to this Agreement, for all parcels within the Quincy Park 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 of Lubbock and the Appraisal District or'/4 of 1% of the annual collection budget of the Appraisal District, whichever is greater. The above stated compensation will be deducted by the Appraisal District from the total annual Quincy Park PID assessments collected prior to the funds being forwarded to the City for deposit with notation of the amount deducted and accompanying documentation. ARTICLE IV COLLECTION OF DELINQUENT ASSESSMENTS The Appraisal District may contract with any competent attorney to assist in the collection of delinquent assessments on behalf of the City acting for the Quincy Park PID. The attorney's compensation shall be set in the contract, but the total amount of compensation provided may not exceed the amount authorized in Section 6.03 of the Texas Property Tax Code. Said compensation shall be deducted from the delinquent assessment collected prior to the finds being forwarded to the City for deposit with notation of the amount deducted and accompanying documentation. ARTICLE V TERM The terns of this Agreement shall be for a period of one year, beginning on the 13th day of May , 2010, and may be extended from year to year unless the parties elect to terminate the Agreement according to its terms. ARTICLE VI TERMINATION In the event the Appraisal District or the City desire to terminate this Agreement at the end of the primary term or any extension thereof, the party desiring termination shall give notice in writing at least thirty days prior to the end of the term to the other party. Either party may terminate this Agreement upon breach of the terms contained in the agreement by giving sixty (60) days written notice to the other party. Quincy Park PID LCAD Agreement 3 ARTICLE VII NOTICE Whenever notice of any kind is authorized or required to be made by one party or the other under the terms of this Agreement, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested and addressed to the other party as set out below, or to such other address as may hereafter be designated: Quincy Park PID: City Manager City of Lubbock P.O. Box 2000 1625 13`x' Street Lubbock, Texas 79457 Appraisal District: Chief Appraiser Lubbock Central Appraisal District P.O. Box 10542 171526 th Street Lubbock, Texas 79408 ARTICLE VIII AMENDMENTS This Agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instruments signed by both parties. APPROVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK this 13th day of May , 2010. APPROVED BY THE BOARD OF DIRECTORS OF THE LUBBOCK CENTRAL APPRAISAL DISTRICT this 28th day of April . 2010. Quincy Park Public Improvement District of the CITY of LUBBOCK TOM MARTIN, MAYOR ATTEST: Rebe a Garza, City Secretary Quincy Park PID LCAD Agreement Lubbock Central Appraisal District Ch irman, Board of Directors ATTEST: Secretary, Bo9d of Directors APPROVED AS TO CONTENT: Rob All(s-d-n—,-A--s-s-tstAt City Manager Business Development APPROVED AS TO FORM: Linda Chamales, Economic Development Attorney Lc: cityatt'Linda Quincy Park- LCAD Collection Agreement April 15, 2010 Quincy Park PID LCAD Agreement