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HomeMy Public PortalAboutORD15043 BILL NO. 2012-94 SPONSORED BY COUNCILMAN Schulte ORDINANCE NO. ;G+ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COLE COUNTY COLLECTOR FOR PROPERTY TAX COLLECTION SERVICES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the County Collector for the collection of city property taxes. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1. Section 3. This Ordinance shall be in full force and effect from and after the date of its passa a and approval. OIL Passed. Approved: Presiding Offir Mayor A E S T: APPROVED AS TO FORM: City Clerk City Counselor CONTRACT THIS AGREEMENT, made and entered into this 1st day of November, 2012, by and between the First Party, City of Jefferson, Missouri, a municipal corporation, hereinafter called the "City" and the Second Party, County of Cole County, Missouri, hereinafter called the "County", and Marvin Register, County Clerk, and Larry Vincent, County Collector. WITNESSETH: WHEREAS, the City and County are empowered, under Article VI, Section 16, of the Missouri Constitution and Section 70.220, RSMo, to enter into certain cooperative agreements; and WHEREAS, the Collector is empowered by Section 50.332 to provide services for the collection of municipal taxes in return for compensation; and WHEREAS, it is deemed by the parties hereto to be mutually advantageous to all parties for the County, by use of electronic data processing equipment, to prepare and collect tax bilis for the City for an agreed compensation; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: The County, by and through the County Clerk and the County Collector, hereby agrees to send out, on behalf of the City, tax bills relating to all real and personal property located within that portion of the City boundaries which lie within Cole County, Missouri. 11 The County, by and through the County Collector, hereby agrees to collect, on behalf of the City, all monies due and owing the City of taxable property within that portion of the boundaries of the City which lie within Cole County, Missouri. 111 The City agrees to provide all assistance, documentation, and other information as may be needed by County and the County Collector to carry out the purposes of this contract. The City will furnish to County its annual tax levy for the tax year no later than September 20 of each calendar year during which this agreement remains in force. Iv The County agrees that the City shall have access, at all reasonable times, and under the supervision of the County Collector, to all data accumulated under the data processing system, including but not limited to the following, which shall be provided annually or as otherwise requested in City in printed form: (A) Alphabetical Listing for All Real Estate, Personal Property and Merchants' and Manufacturers' Tax Rolls (B) A Delinquent Listing File upon Request The County agrees to remit to the City the monies due the City at the same time the County deposits with the Treasurer its own receipts; provided that there shall be a remittance to the City at least once per month at which time the County shall provide a breakdown of taxes collected in a form to be agreed upon. The County further agrees to notify City of any tax sales involving property within the City. V The City agrees that the County may withhold a sum equal to one and one half percent (1 1/2 %) of all current taxes collected by the County and the Collector on behalf of the City as compensation for the services herein provided by the County. Thus County will remit to City ninety -eight and one half percent (98.1/2%) of all current taxes, collected on behalf of the City. Said money shall be remitted by the County Collector to the City on the same basis and in the same manner as other tax monies are remitted by the County to the various taxing bodies within the County, except that, during the peak collection periods, remittance shall be made on a more frequent basis agreed by the Collector and City representatives. VI The County agrees to remit to the Collector for services rendered under the terms of this contract the sum of $3,000.00 as additional compensation. The County agrees to include this additional compensation on the W -2 forms issued to Collector, to withhold taxes on said sum, and pay retirement benefits thereon. However, the parties agree that the compensation paid pursuant to this contract does not come within definition of maximum allowable compensation, Section 50, and therefore shall not be included as part of Collector's salary base for purposes of any increases or decreases voted by the County Salary Commission. VII The provisions of this contract are severable and if any part of the contract is held to be illegal or unenforceable, the remaining provisions shall remain in full force and effect, subject to the parties right to cancel the contract under Article X. The County reserves the right to seek an Attorney General Opinion as to the legality of the contract. VIII The parties hereto mutually agree that this agreement replaces the previous agreement and the term of this agreement is for one year, beginning November 1, 2012 and ending October 31, 2013, provided, however, that any party may terminate this agreement within one hundred twenty (120) days by serving upon the other party notice of its intention to terminate this agreement. This contract will be automatically renewed subject to modification on November 1, 2013 and will continue to renew on November 1 of each subsequent year. IN WITNESS WHEREOF, the parties have caused this agreement to be signed and executed by their duly authorized officers as of the day and year first above written. CITY OF JEFFERSOJ CI 7 MISSOURI Eric Str J effe rso ATTEST: /ky‘‘e,i Z;2-721-117 City Clerk APPROVED AS TO FORM: City Counselor ph, Ma City, Missouri COLE COUNTY COMMISSION Chris Wrigley, estern District Co missio r Jeff Hoe Scher, Eastern Distridf' Commissioner ATTEST: Marvin Register, Cle Cole County Commission /.l //v Larry ' ince - t, County Collector q.:1411AllitE James ePage, County Audite r