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HomeMy WebLinkAboutOrd.5554.06-20-2022 BILL NO. 22-89 ORDINANCE NO. ,57.515-y AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SCOTT, CLERK OF THE COUNTY COMMISSION, AND THE COUNTY COLLECTOR, FOR TAX COLLECTION SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Manager is hereby authorized and directed to execute an Agreement for tax collection services with the County of Scott, the Clerk of the County Commission, and the County Collector of Revenue, in the City of Cape Girardeau, Missouri . The City Clerk is hereby authorized and directed to attest to said Agreement and to affix the seal of the City thereto. Said Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. ARTICLE 2 . This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS adilday of ` , 2022 . \'''.:Q Stacy Kinde , vaybr ATTEST: A0111 ,, 2,044,/1. *';'.444i* # .; 4P-7.'..,, truce Taylor' Deputy City Clerk k '� ,� ' 44 rit"' cil I c THE UNI t 1' COOPERATIVE AGREEMENT This agreement made and entered into this I day of Mon 2, y and between the CITY OF CAPE GIRARDEAU,MISSOURI;A MUNICIPAL CORPORATION, hereinafter referred to as"CITY",and the duly elected COLLECTOR OF REVENUE OF SCOTT COUNTY,MISSOURI,hereinafter referred to as"COLLECTOR", and the COUNTY COMMISSION OF SCOTT COUNTY,MISSOURI ,hereinafter referred to as "COUNTY",WITNESSETH: That,whereas, CITY and COLLECTOR and COUNTY desire to enter into this "Cooperative Agreement"that the parties set forth hereinafter shall enter in to an agreement as permitted by Sections 70.220 to 70.320,inclusive,and Sections 140.670 to 140.750,inclusive,of the Revised Statutes of Missouri,for the cooperative efforts to collect the taxes due the CITY of CAPE GIRARDEAU,Missouri on property located within the boundaries of said CITY, which is located in Scott County,Missouri.Now,therefore,it is hereby mutually agreed as follows: 1. The COUNTY and COLLECTOR covenant and agree: (a) That they will maintain and permit the use of its computer terminal facilities,and office and staff facilities in the development,mailing and collection of CITY tax assessments and notices to all applicable residents of the CITY. (b) That it will cooperate with the COLLECTOR and with the Officials of the CITY to act toward the effectuation and execution of this agreement. (c) That it will continue to provide a current tax book for Personal and Real Estate Tax Rolls for each year based on the then current assessment. 2. The CITY covenants and agrees: (a) To compensate COLLECTOR for the services provided by him at the rate of ONE PERCENT(1%)of the total amount of taxes collected by COLLECTOR for the CITY,including any penalty or late fees prescribed by Missouri Law. (b) In addition to sub-paragraph(a)above,to compensate the COUNTY,by a further payment of ONE PERCENT(1%)of all taxes collected by the COLLECTOR,in consideration of the CITY'S use of County employees and equipment in collection of said CITY taxes. (c) It will continue to pay the County for current tax roll books for Real Estate and Personal Property at a rate of.15 per assessment. 3. The COLLECTOR covenants and agrees: (a) To use his best professional efforts to effectuate the collection of CITY taxes,as set forth herein,by all lawful and proper means. (b) To maintain reasonable and appropriate accounting and depository records and to disburse the taxes collected by him in accordance with this agreement to the said CITY. (d) That COLLECTOR will provide to the CITY a copy of a tax printout or digital copy of taxes collected not later than a date to be agreed upon,and said printout or digital copy shall include a list of all taxpayers,assessments,and other pertinent information necessary to the tax billing for the CITY. (e) That COLLECTOR will provide the CITY,within reasonable time after the termination of the tax period ending February 28th or 29th if applicable each year,a final printout or digital copy for the current year which show a list of taxpayers, assessments and other necessary and pertinent information,delinquencies,and other data for the proper accounting of said system. 4. It is contemplated by this agreement and understood by the parties that the CITY tax shall be added to and included on the COUNTY tax statements as an additional political subdivision and additional statements,envelopes,postage or other supplies will not be required. 5. It is further contemplated by this agreement and understood by the parties as follows: (a) That as provide by Section 140.680 RSMo,the power to collect the real and personal property taxes of the CITY is hereby granted to the COLLECTOR. (b)That as provided by Section 140.690 RSMo,real property is in all cases liable for all taxes due the CITY and a lien is created for all these taxes, and the interest and costs provided by law, the same as State and County taxes,which lien shall be enforced as in Chapter 140 RSMo is provided. (c) As per 140.730 RSMo the COLLECTOR may remove personal property that is over three years delinquent. (As determined by the Board of Equalization). (d) As per 140.130 RSMo the COLLECTOR may remove real estate property that is over five years delinquent. (As determined by the Board of Equalization). (e) This agreement shall not apply to collection of prior delinquent real estate taxes,prior delinquent personal property taxes or the collection of any special assessments, mowing,nuisance,or other fees. 6. That the original term of this contract shall begin from April 1,2019 and continue until and including the 31'day of March 2020,unless soon changed by the operation of law. 7. The term of this contact,after the first year, shall be from April 1 through March 31 of each year the contract is in force.The contract shall continue in force from year to year unless either party gives the other party written notice to terminate,by certified mail,not later than March 1.Any requests for amendments to or modification of this contract by either party shall be submitted in the manner and by date specified for termination notices. 8. All accounting and reconciliation will be made as the date of termination.Any change in laws and regulations which substantially changes or effects the responsibilities or performances of the parties hereto shall make this agreement voidable,at the option of the party or parties affected. 9. Upon the termination of this contract without further renewal,the COLLECTOR shall make available to the CITY and such existing records under his control as may be necessary to enable the CITY to undertake the collection of taxes assessed on CITY property in the CITY OF CAPE GIRARDEAU,Missouri in the year after termination. CITY OF CAPE GIRARDEAU By Attest: ''...,.,,' CAP$ Q ,\ City Clerk n��ice, �,• 4 .^ 1"►t •� IV6+4711♦ /// SCOTT C• COMMISION By !A Presiding Commissioner / By _ g District Commissioner By -4 =.....i 2nd ' Commissioner Attest: �f�t "icier'' Rita Milani,County Clerk COLLECTOR OF REVENUE RN ,.moi low .. M, Hensley,y.hector o'7 enue