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HomeMy WebLinkAboutCouncil Resolution 1323RESOLUTION NO. l 3~~ A Resolution Adopting the Intergovernmental Agreement implementing the School Excise Tax with Medford School District 549C RECITALS: A. The City of Central Point recognizes that Medford School District 549C has adopted a resolution implementing a school excise tax; B. The City shall collect the tax on behalf of School District 549C when new construction occurs within the district boundaries that are within the City of Central Point; C. The excise tax is $1.07 for every 1,000 square feet of new building for residential buildings, $0.54 for every 1,000 square feet of new building for nonresidential buildings. The tax imposed on structures intended for nonresidential use will not exceed $26,800 per building permit or $26,800 per structure, whichever is less; and D. The City shall collect a 4% administration fee that will come out of the fee's collected; and The City of Central Point resolves: Section 1. The "Intergovernmental Agreement' is approved for the City of Central Point where applicable. Section 2. The City of Central Point will submit this resolution to the Medford School District 549C to facilitate final approval of the plan. Passed by the City Council and signed by me in authentication of its passage this ~_~day of January, 2012. ~ G~%~ • Mayor Hank Williams ATTES J City Recorder INTERGOVERNMENTAL AGREEMENT BETWEEN MEDFORD SCHOOL DISTRICT 549C AND CITY OF CENTRAL POINT TO COLLECT AND REMIT CONSTRUCTION EXCISE TAX This Construction Excise Tax Intergovernmental Agreement to collect and remit Tax ("CET Collection IGA") is effective on the last date of signature below, and is by and between Medford School District 549C, a school district organized under the laws of the state of Oregon ("District"), and the City of Central Point ("City of Central Point"), collectively referred to as "Parties." RECITALS: A. ORS Chapter 190 authorizes governmental entities such as a city and a school district to enter into written agreements for the performance of any or all functions and activities that either entity has the authority to perform on its own. B. ORS 320.170 to 320.189 authorizes school districts, as defined in ORS 330.005, to impose a Construction Excise Tax ("CET") to fund capital improvements to school facilities. C. Pursuant to ORS 320.170 to 320.189, District will adopt a resolution establishing a Construction Excise Tax ("CET") throughout its regional jurisdiction. The resolution will provide that a CET be collected by City of Central Point and remitted to District pursuant to an Intergovernmental Agreement. Pursuant to ORS 320.179(2), the Parties desire to agree upon certain procedures needed to collect the CET and remit the tax to District. AGREEMENT: In consideration of the mutual covenants of District and City of Central Point, given each to the other, District and City of Central Point do hereby agree as follows: 1. Information and Forms. District shall provide to City of Central Point all of the forms, information and assistance necessary for the City of Central Point to collect the CET. District shall provide City of Central Point forms and information for CET exemptions. 2. Staffine. City of Central Point shall provide sufficient staff to calculate and collect the CET. District shall provide sufficient staffto implement the CET program. 3. Facilities Plan. District has adopted or is currently in the process of developing a long-term facilities plan as required by ORS 320.183(2). District agrees not to adopt the CET until such plan has been completed and adopted by resolution of District's School Board. 4. Collection: Start Date. City of Central Point agrees to assess and collect the CET on behalf of District for those properties within District's boundaries that are under City of Central Point's jurisdiction. City of Central Point shall begin collecting the CET within ten (10) business days of the effective date of this Intergovernmental Agreement. City of Central Point shall continue collection until the CET expires, the underlying statutory authority is repealed, or this CET Collection IGA is terminated by either District or City of Central Point. City of Central Point agrees to collect the CET in conjunction with the collection of other building permit fees. 5. Collection: Rate Changes. In the event District increases or otherwise modifies the tax, it Construction Excise Tax Collection IGA Page 1 of 3 shall send written notice to City of Central Point of the increase or other modification, including a copy of District's resolution adopting the change. Thereafter, City of Central Point shall collect the tax at the new rate within ten (10) business days after notice is received by City of Central Point, or upon the effective date of the changes stated in District Resolution, whichever is later. 6. Collection: Methodolo~y. The methodology for calculating the CET shall be governed by ORS 320.176 and the parties' Memorandum of Understanding attached hereto as Exhibit A. 7. Refunds. District agrees to process and issue any required refunds of CET. 8. Ezemations. District shall provide City of Central Point with all forms necessary for CET collections, exemptions, rebates, refunds, appeals and any other forms or information necessary for implementation of the CET. If a person or entity asserts that it is exempt from the CET pursuant to ORS 320.173, and files a District CET Exemption Form at the time the CET would otherwise be due, City of Central Point shall grant the exemption. It shall be District's responsibility to determine the validity of the exemption and to institute collection procedures to obtain payment of the CET, as well as any other remedy District may have under law, if the person or entity was not entitled to the exemption. Statutory exemptions to the CET are described in ORS 320.173. 9. Remittance. City of Central Point shall remit the collected CET to District. Remittance shall be quarterly by the 30th of the month following the end of each quarter. Quarters end on March 31, June 30, September 30, and December 31 of each yeaz. City of Central Point may choose at its option to remit more frequently. 10. CET Resorts. Along with the CET remittance, City of Central Point shall prepaze and submit to District a report that includes: 1) the number of building permits issued that quarter, 2) the aggregate square footage of residential construction, 3) the aggregate square footage of non-residential construction, 4) the number of building permits for which the CET exemptions were given along with a list or copy of forms for all persons that were given an exemption from paying the CET, 5) the aggregate square footage of construction for exempted construction, 6) the aggregate amount of CET paid, and 7) the amount of CET administrative fee retained by City of Central Point pursuant to this CET IGA. 11. Failure to Pay CET. In accordance with ORS 320.189, the CET shall be paid by the person or entity undertaking construction at the time that the permit authorizing the construction was issued. Upon a person's or entity's refusal to or failure to pay the CET when due, City of Central Point will not issue the permit. In no event shall City of Central Point be liable for failure to collect the CET when due. In the event a person or entity fails to pay the CET when due, City of Central Point shall notify District in writing within five (5) business days of such failure to pay, with information adequate for District to begin collection proceedings against that person or entity including the person or entity's name, address, phone numbers, construction project, squaze footage of new construction and building permit number. Upon a person or entity's refusal or failure to pay the CET, it shall be District's responsibility to institute collection procedures to obtain payment of the CET as well as any other remedy District may have under law. 12. Records. City of Central Point shall make all records related to building permit activity, CET collections, CET exemptions and retained administration fees available to District, or its designated auditors, as necessary for District to audit Construction Excise Tax collections. 13. Administrative Fee. As consideration for the above described services, City of Central Point shall retain four percent (4%) of the CET collected by City of Central Point as authorized by House Bill 2014 which became effective October 1, 2009 or such other greater amount as may be authorized by future law. Prior to submitting the CET to District, City of Central Point shall deduct this administrative Construction Excise Tax Collection IGA Page 2 of 3 fee directly from the CET collected, and the amounts deducted and retained shall be reported to District. The Administrative Fee is based on gross CET collected and shall not be reduced by CET refunds or any checks returned for nonsufficient funds. Any fees or charges levied against City of Central Point for such items, including but not limited to, returned checks shall be paid to City of Central Point from collected CET in addition to the above Administrative fee. 14. Amendment. This CET Collection IGA may be amended by mutual written agreement of the Parties. The parties further agree to negotiate in good faith to amend this Agreement should ORS 320.170 et. seq. be amended by subsequent legislation or judicial proceedings so that this Agreement is consistent with the most current law relating thereto. Refusal to negotiate an amendment to this Agreement is grounds for immediate termination of this CET Collection IGA. 15.Other Agreements. a. This CET Collection IGA does not affect or alter any other agreements between District and City of Central Point; b. This CET Collection IGA is a full and complete integration of the parties' agreement on the topics covered and expressly supersedes and replaces any prior agreements on such topics, whether written or oral. 16. Defense and Indemnification. District agrees to defend, indemnify and hold harmless City of Central Point, and its officers, agents and employees, against all claims and actions, and all damages and expenses related thereto, arising from City of Central Point's performance of this Agreement, except for those claims, actions and damages caused by the sole negligence of City of Central Point or its officers, agents and employees. The obligations of this paragraph shall include, but not be limited to: a. A challenge to City of Central Point's collection or calculation of the CET on behalf of District; b. For any and all injury to any and all persons or property caused directly or indirectly by reason of any and all acts or omissions of District in performance of this Agreement or adoption of the CET; c. Decisions of City of Central Point staff concerning the amount of any CET, including calculation of such tax and/or any exemption(s); or d. Refusal or denial of any permit for failure to pay the CET. 17. Termination. In the event that City of Central Point ceases to be the issuer of permits for structural improvements regulated by the state building code, this CET Collection IGA will be terminated. Either party may also terminate this agreement for any reason upon 90 days written notice to the other party. 18. Execution. This CET Collection IGA may be executed in two or more counterparts, each of which shall be considered an original, but together they shall constitute but one agreement. MEDFORD SCHOOL DISTRICT 549C CITY OF CENTRAL POINT By: Dr. Phil Long Title: Superintendent By: Hank Williams Title: Mayor Date: Date: Construction Excise Tax Collection IGA Page 3 of 3