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R-01-12-20-10C2 - 12/20/2001RESOLUTION NO. R -01-12-20-10C2 WHEREAS, the City of Round Rock, acting as the Board of Directors for the Behrens Ranch Public Improvement District ("District") has, by resolution duly adopted, authorized the Tax Assessor and Collector of the Round Rock Independent School District, to bill and collect assessments for the District, and WHEREAS, the City of Round Rock wishes to enter into an Agreement on behalf of the Behrens Ranch Public Improvement District with the Round Rock Independent School District for assessment billing and collection, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City and the Behrens Ranch Public Improvement District an Agreement with the Round Rock Independent School District for assessment billing and collection, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. ::ODMA\WORLDOX\0:\WDOX\RESOLUTI\R11220C2.WPD/sc RESOLVED this 20th day of D 2001. 44 Al elk IV* RO:ERT A. STLUKA, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Sec tary 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, the City of Round Rock, Texas, acting as the Board of Directors for the Behrens Ranch Public Improvement District, (the "PID") has, by resolution duly adopted, authorized the Tax Assessor and Tax Collector of the Round Rock Independent School District, an independent school district duly organized and existing under the laws of the State of Texas (the "RRISD"), to bill and collect assessments for the PID; and WHEREAS, the RRISD has agreed that its Tax Assessor and Tax Collector may bill and collect assessments for the PID, NOW THEREFORE, for and in consideration of the thereinafter stated promises and agreements, the following contract is entered into by and between the City, acting by and the Behrens Ranch Public Improvement District, and the Round Rock Independent School District, as follows: Section 1. Term of Contract This contract shall be effective from October 1, 2001, to October 1, 2002, and thereafter for yearly terms commencing on October 1 of each subsequent year and ending on the following September 30, until this agreement is terminated by either of the parties pursuant to the termination provisions of this agreement. Section 2. Tax Assessor and Tax Collector The RRISD shall determine the qualifications of the Tax Assessor and Tax Collector and shall appoint the Tax Assessor and Tax Collector. (.'::ODh1Ai W ORLDOX/6.'W DOX/CORR/GNL/SEHRENS/RRISD/OOOi6759. W PD/cdc Section 3. Tax Collection The City, on behalf of the PID, shall determine and fix the assessments to be applied to the PID property and shall notify the Tax Assessor of the assessments not later than September 30 of each year. Section 4. Tax Collection The Tax Collector shall mail assessment notices to property owners whose property has been assessed and shall thereafter collect such assessments as may be paid. The Tax Collector shall pay into a depository of the City such assessments as may be collected as they are collected and shall perform all other duties of a tax collector for the District. The Tax Collector shall furnish such certificates as may be required by law covering assessments due the district to those applying for such certificates. Section 5. Delinquent Assessments The RRISD retains the right to employ legal counsel for the collection of delinquent assessments. Said legal counsel shall - pursue delinquent assessments and shall be entitled to reimbursement pursuant to the Texas Tax Code. Section 6. Payments The City shall pay the RRISD a fee which shall not exceed the actual cost of providing the services under this contract being agreed herein to be $1.50 per each current assessment account as of January 1 of each year. One-half of the fee shall be due and payable on or before February 1, and the remaining one-half shall be due on or before April 1 of each contract year. For subsequent terms of this contract the anniversary dates of the dates set out in this provision shall apply. The fee shall continue to the $ 1.50 per each current tax account unless both parties agree to a different fee in subsequent years. Any such adjustments must be agreed to before the commencement of each term. 2. Section 7. Subcontracting The RRISD may subcontract with any person or entity to provide any of the services to be provided by the RRISD pursuant to this contract. Section 8. Tax Records Upon termination of this contract for any reason the PID shall be entitled to reproduce such assessment records of the RRISD's tax department as may be desired by City officials. Such reproduction shall be furnished by the RRISD to the City with reasonable diligence and the City shall pay to the RRISD the cost of such reproduction. Appropriate officials of the City shall have access to said records during the period of this contract at reasonable times during normal business hours. Section 9. Time of Essence Time is of the essence of this contract. Section 10. Severability If any obligation or covenant of either party hereto shall ever be held invalid, the remaining provisions of this contract shall continue to be binding and enforceable. EXECUTION of the contract constitutes ratification of the effective dates set out hereinabove. This agreement is signed and executed this day of 2001, bythe City of Round Rock, Texas, acting as the Board of Directors for the Behrens Ranch Public Improvement District and the Round Rock Independent School District acting by and through the Mayor and the Superintendent of Schools respectively . 3. PRESIDENT, BOARD OF TRUSTEES, ROUND ROCK INDEPENDENT SCHOOL DISTRICT MAYOR, CITY OF ROUND ROCK, ON BEHALF OF THE BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT ATTEST: ATTEST: SECRETARY, BOARD OF TRUSTEES, SECRETARY, ROUND ROCK CITY OF ROUND ROCK INDEPENDENT SCHOOL DISTRICT DATE SIGNED: DATE SIGNED: 4. DATE: December 14, 2001 SUBJECT: City Council Meeting — December 20, 2001 ITEM: * 10.C.2. Consider a resolution authorizing the Mayor to execute an agreement on behalf of Behrens Ranch Public Improvement District with the Round Rock Independent School District for billing and collection of assessments. Resource: David Kautz, Finance Director History: The Behrens Ranch Public Improvement District (the "PID") has imposed assessments for the cost of certain improvements to be provided in the PID. Those annual assessments are being billed and collected by Round Rock Independent School District as part of the standard tax collection process for the City of Round Rock. To clearly state the responsibility for the billing and collection process and delinquency collection, this agreement is necessary. Funding: Cost: $1.50 per account (currently 500 accounts) Source of Funds: These charges are paid by the PID. Outside Resources: N/A Impact/Benefit: This agreement formalizes the responsibility for billing and collecting PID assessments. Public Comment: N/A Sponsor: N/A EXECUTED DOCUMENT FOLLOWS ORIGINAL THE STATE OF TEXAS COUNTY OF WILLIAMSON WHEREAS, the City of Round Rock, Texas, acting as the Board of Directors for the Behrens Ranch Public Improvement District, (the "PID") has, by resolution duly adopted, authorized the Tax Assessor and Tax Collector of the Round Rock Independent School District, an independent school district duly organized and existing under the laws of the State of Texas (the "RRISD"), to bill and collect assessments for the PID; and WHEREAS, the RRISD has agreed that its Tax Assessor and Tax Collector may bill and collect assessments for the PID, NOW THEREFORE, for and in consideration of the thereinafter stated promises and agreements, the following contract is entered into by and between the City, acting by and the Behrens Ranch Public Improvement District, and the Round Rock Independent School District, as follows: Section 1. Term of Contract This contract shall be effective from October 1, 2001, to October 1, 2002, and thereafter for yearly terms commencing on October 1 of each subsequent year and ending on the following September 30, until this agreement is terminated by either of the parties pursuant to the termination provisions of this agreement. Section 2. Tax Assessor and Tax Collector The RRISD shall determine the qualifications of the Tax Assessor and Tax Collector and shall appoint the Tax Assessor and Tax Collector. Roj- la.ao-roca-) (rv,ODMA/WORLDOX/01W DOX/CORR/GNL/BEHRENS/RRISD/00016759. WPD/cdc Section 3. Tax Collection The City, on behalf of the PID, shall determine and fix the assessments to be applied to the PID property and shall notify the Tax Assessor of the assessments not later than September 30 of each year. Section 4. Tax Collection The Tax Collector shall mail assessment notices to property owners whose property has been assessed and shall thereafter collect such assessments as may be paid. The Tax Collector shall pay into a depository of the City such assessments as may be collected as they are collected and shall perform all other duties of a tax collector for the District. The Tax Collector shall furnish such certificates as may be required by law covering assessments due the district to those applying for such certificates. Section 5. Delinquent Assessments The RRISD retains the right to employ legal counsel for the collection of delinquent assessments. Said legal counsel shall pursue delinquent assessments and shall be entitled to reimbursement pursuant to the Texas Tax Code. Section 6. Payments The City shall pay the RRISD a fee which shall not exceed the actual cost of providing the services under this contract being agreed herein to be $1.50 per each current assessment account as of January 1 of each year. One-half of the fee shall be due and payable on or before February 1, and the remaining one-half shall be due on or before April 1 of each contract year. For subsequent terms of this contract the anniversary dates of the dates set out in this provision shall apply. The fee shall continue to the $1.50 per each current tax account unless both parties agree to a different fee in subsequent years. Any such adjustments must be agreed to before the commencement of each term. 2. Section 7. Subcontracting The RRISD may subcontract with any person or entity to provide any of the services to be provided by the RRISD pursuant to this contract. Section 8. Tax Records Upon termination of this contract for any reason the PID shall be entitled to reproduce such assessment records of the RRISD's tax department as may be desired by City officials. Such reproduction shall be furnished by the RRISD to the City with reasonable diligence and the City shall pay to the RRISD the cost of such reproduction. Appropriate officials of the City shall have access to said records during the period of this contract at reasonable times during normal business hours. Section 9. Time of Essence Time is of the essence of this contract. Section 10. Severability If any obligation or covenant of either party hereto shall ever be held invalid, the remaining provisions of this contract shall continue to be binding and enforceable. EXECUTION of the contract constitutes ratification of the effective dates set out hereinabove. This agreement is signed and executed this ao day of2001 bythe > City of Round Rock, Texas, acting as the Board of Directors for the Behrens Ranch Public Improvement District and the Round Rock Independent School District acting by and through the Mayor and the Superintendent of Schools respectively . 3. PRESIDENT, BOA OF TRUSTEES, ROUND ROCK INDEPENDENT SCHOOL DISTRICT ATTEST: SECRETA ROUND INDEPEN BOARD OF TRUSTEES, T SCHOOL DISTRICT DATE SIGNED: /64 D °1 4. MA ° • R, CITY OF ROUND ROCK, ON BEHALF OF THE BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT ATTEST: @1JU iUk SECRETARY, CITY OF ROUND ROCK DATE SIGNED: ) 00 : 0 I