R2020-218 2020-10-26 RESOLUTION NO. R2020-218
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Lease Agreement with
Brazoria County for the County's use of a portion of the Shadow Creek
Library as a County Tax Office.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Lease Agreement by and between the City of Pearland and
Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Lease Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 26th day of October, 020.
TOM REID
MAYOR
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CITY SECRETARY 4.• • i,`
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APPROVED AS TO FORM: 0\
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2020-218
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
LEASE AGREEMENT
This Lease Agreement is entered into by the parties hereto on the day of
, 2020, and in consideration thereof, the City of Pearland, Texas, a political
subdivision, hereafter referred to as "Lessor", and Brazoria County a political subdivision,
hereinafter referred to as"Lessee", do hereby covenant and agree as follows:
(1) Lessor does hereby lease unto Lessee,for the purpose of providing certain county tax
office services to residents of Pearland and Brazoria County, Texas, the office space
and common areas ("Premises") more accurately shown on Exhibit "A" attached
hereto.
(2) The term of the lease shall be for ten 10 years, commencing on the first day of
occupancy by the Lessee and after expiration of the initial term automatically renewed
on the 1st day of October each successive year unless Lessee gives Lessor 190 days.
notice of termination.
(3) In consideration for Lessee's contribution of, (actual number up to 1M) toward the
construction of the Premises and the tax billing and collection services provided by
Lessee, Lessee agrees to pay Lessor under the following terms: The monthly rental
amount paid by the Lessee shall be an amount equal to the annual collection fee paid
by the Lessor as detailed in the Contract for Tax Collections or the Lessor(Exhibit B),
divided by 12.
(4) In the event that Lessee shall for any reason abandon the premises or cease to use
them as a facility for provision of tax billing and collection services to the residents of
Pearland and Brazoria County,then this lease shall immediately become null and void
and said premises shall immediately revert to Lessor, together with any and all
improvements that shall have been made upon said land or premises.
(5) Lessee shall not have the right to make improvements upon the land and premises
hereby leased without prior approval of Lessor,and any improvements made upon the
land or premises shall go with the land or premises and shall remain thereon after the
lease is terminated or Lessee abandons the premises. Any such improvements so
remaining thereupon shall "revert to Lessor, and Lessor shall not be required to
compensate Lessee or its agents, officers, sublessees or volunteer workers for the
same.
(6) It is understood and agreed between the parties that Lessee shall be solely
responsible for the tax billing and collection services provided by Lessee. The City of
Pearland is a Lessor of the leased premises only, and has no right, duty, or
responsibility in performing said services to be undertaken by Lessee and that Lessor
further has no control or authority over the tax billing and collection services to be
undertaken by Lessee nor the decision making process.
(7) Lessor shall be responsible for routine maintenance and cleaning of premises.
(8) Lessee agrees and covenants to maintain general liability insurance coverage in a
minimum amount of $500,000.00. Upon execution of lease, Lessee must provide a
Certificate of Insurance evidencing the same, issued by an insurance carrier licensed
to conduct business in the State of Texas. Such insurance shall be maintained in full
force and effect at all times during the term of this lease, and shall name the City of
Pearland, Texas and its officers and employees as additional insureds. After written
notice to Lessee of failure to maintain insurance coverage a 30 day period to cure,
Lessor shall have the right to declare this lease null and void.
(9) This Lease Agreement is not assignable by Lessee without prior written consent of
Lessor, and no assignment will release or discharge the assignor from any duty or
responsibility under this agreement.
(10) This Lease Agreement shall be binding upon the successors and assigns of the parties
hereto as though they had signed this agreement originally.
(11) This Lease Agreement may only be amended, modified, or supplemented by written
agreement signed by both parties.
(12) This agreement shall be construed and enforced in accordance with and governed by
the laws of the State of Texas.
(13) This agreement and all obligations created hereunder shall be performable in Brazoria
County, Texas.
(14) Whenever possible, each provision of this agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this
agreement is prohibitive or invalid under applicable law, such provision shall be
ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this agreement.
EXECUTED this (O+1-'day of ND VC.reiba c-- , 2020.
LESSOR LESSEE
City of Pearla ,Texas B oria County
Clay Pearson L.M. "Mate' Sebesta Jr.
City Manager County Judge
Exhibit A
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Exhibit B
•
• CONTRACT FOR TAX COIIFC'IONS
CITY OF PF:ARLAND
This agreement Is to commemorate certain provisions by which the Tax Assessor-Collector of
the County of l3razorie ("Tax Assessor-Collector") will assess and collect tuxes rendered for end on
behalf of the CITY OP PEARLAND ("City") upon the City's invocation of Section 6.23 of the Property •
Tax Code of the State of Texas. •
It is acknowledged and agreed that an annual charge of One-half of One Percent (.6%) of the
total amount levied by the City each year is a reasonable fee for the City to pay for the annual
assessing and collecting its taxes, not to exceed Thirty two Cents ($.32) per certified taxpayer
account number currently assessed as the actual costs Incurred as provided by the Texas Property
Tax Code 6.27(b), which may be adjusted by the City from limo to time, and as such It will be paid by
the City upon receipt of the invoice to be generated by the Tax Assessor-Collector as of December 31
each year. It Is also acknowledged and agreed that the District will pay a one-time only charge of
$1.00 for each delinquent account added to the County computer as necessary to assimilate
collections for the City.
II.
It is acknowledged and agreed that the Tnx Assessor-Collector will bill the City on December
31 of each year, including 2000, for the annual charge for assessing and collecting City taxes, and
the City will pay the charge within thirty (30) days after receipt of the invoice for same.
ill.
In ail matters pertaining to assessment end collection of taxes for the City the Tex Assessor-
Collector shall perform the duties of tax assessment and collection for the City, but the Tax Assessor-
Collector shall not be considered an officer or employee of the City. The Tax Assessor-Collector shall
be responsible for timely and accurate calculation and publication of the effective tax rate and rollback
tax rate for the City and for entering Into agreements for the payment of delinquent taxes by
Installment us provided by Texas Property Tax Code 33.02.
IV.
Thu Tax Assessor-Collector will send out all customary notices and billings concerning taxes
owed to the City, and will collect and process through the Tax Assessor-Collector's bank account all
income received therefrom, in the general manner and et the same times In which the Tax Assessor-
Collector assesses and collects taxes for 13razorla County and other entitles.
Exhibit B
•
v.
The Tnx Assessor-Collector shall remit timely to the. City all tax proceeds collected for the
City, "timely" meaning disbursements will be made no less than twice weekly during heavy payment
periods and no less than once weekly during slack periods. Actual funds collected by the Tax
Assessor-Collector shell be remitted to the City within throe (3) business days of receipt during heavy
payment periods end within five (5) business days during slack periods. Disbursements will be made
by wire transfer, subject to the City bearing tiny wire-transfer fee required by the agreement then in
effect between Brazorla County and Its County Depository.
VI.
•
The Tax Assessor-Collector will provide the City with monthly and annual reports as required
by Texas Property Tax Code 31.10.
VII.
The Tax Assessor-Collector will provide the City with annual reports, prepared by independent
certified public accountants, on both the design of the system and compliance tests that are directed
to specific objectives of internal accounting control. For the purpose of these reports, the 'system" is
the internal control structure policies and procedures of the Brazorio County Tax Office, which
includes the control environment, the accounting system, and the control procedures. These reports
shall be In accordance with Statement of Auditing Standards Np. 44, "Special-Purpose Reports on
Internal Accounting Control at Service Organizations," as Issued by the American Institute of Certified
Public Accountants.
VIII.
it is acknowledged and agreed that the City has and retains the exclusive authority to
determine who represents the City to enforce the collection of delinquent taxes, es provided in Texas
Property Tax Code 6.30. The Tex Assessor-Collector shall cooperate with delinquent tax collection
attorney(s) so designated, end shall have the authority to pay said attorney(s) the fees or commissions
agreed upon between the City and the attorneys) out of the proceeds received from the collection of
delinquent tax accounts.
IX.
As per Texas Property Tax Code 6.29, the City may require the Tax Assessor-Collector to give
separate bond conditioned on the faithful performance of his/her duties on behalf of the City. In the
event that the City does not require the Tax Assessor-Collector to give separate bond payable to the
City, the Tax Assessor-Collector agrees to provide a copy of existing bonds required by Texas
Property Tax Code 6.28.
Exhibit B
•
X.
This agreement is intended to be In furtherance of end subject to the provisions of Chapter 6
of the Texas Property Tax Code, the Tax Code Generally, and ell other Statutory or Regulatory
authority governing the activities end relationship of the. Tex Assessor-Collector end the City of
Pearland, and if there be any conflict the rule of law shall prevail over any contrary provision
expressed herein.
This egreernent shall be effective September 1, 2000, and shall remain In full force and effect
through August 31, 2001, and shall automatically renew annually thereafter. Either party may
terminate the agreement by giving three (3) months notice.
"The City of Peorland and the Tax Assessor-Collector of Brazoria County respectfully request
the Commissioners Court of Brezorla County to approve this agreement respecting the assessment
and collection of taxes for the City of Pearland.
CITY OF PEARLAND
ern t CTA, TA en R Erwin
Tax A scissor-Collector City Manager
Brazoria County, Texas •
APPFIONED BY ACTION OF COMMISSIONERS COURT this < �l clay of
kfirAVJA:,__.., 2000.
J
John WIII , y Judge
Brazorl riy , axes
•