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2016-201s:\legal\our documents\ordinances\16\denton county property tax interlocal agreement (002).doc ORDINANCE NO. 2016-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER 1NT0 AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR THE COUNTY TO PROVIDE PROPERTY TAX BILLING AND COLLECTION SERVICES FOR THE CITY OF DENTON; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "City") and Denton County (the "County") desire to enter into an Interlocal Agreement for the County, through its duly elected tax assessor-collector, to act as tax assessor and collector for the City for the purpose of billing and collecting property taxes; and WHEREAS, the County is well equipped to perform this service; and WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City with the County. The City Manager, or his designee, is hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement including the expenditure of funds provided for therein. SECTION 3� This Ordinance shall become effective immediately upon its passage and .................................._._.......� approval. � PASSED AND APPROVED this the day of _��� �� ��',�,„,,, �" �;, _w�y� 2016. CHRIS Wl���"'l"�, l"�1,�'��;;� ATTEST: JENNIFER WALTERS, CITY SECRETARY �, BY: ��� .. �;,,�r ��������� �1� AS " +�:� LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� � �� �� � ��. � � �� �������� ..�$� BY: � w �„��""�~' ��- ���� � �m�"'-� �� �,�u � � � � � 1 ! ' � . � ,, ��� �; � . � � E 1 � 1 1 � �' � ,. � THIS AGREEMENT is made and entered into this �� day c�I ,� �Q16, by and between DENTON CO TY, a political subdivision of the �t�te of Texas, hereinafter referred to as "COUNTY," and, the City/Town of Denton , Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "MUNICIPALITY." WHE AS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Caoperation Act, and V.T.C.A., Tax Code, 5ection 6.24 and 25.17 and; WHE AS, MUNICIPALITY has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and callector for MUNICIPALITY and COUNTY has the autharity ta so act; NOW THE FO , COUNTY and MUNICIPALITY, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: 1 of 14 2016 INTERLOCAL AGREEMENT - •. - • � . - ,- - �, • • '•.- 1 . - of this Agreement shall be for a period of one year, from October 1, 2016, to and through September 30, 2017. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the C UNTY and UNICIPALITY, unless written notice af termination is provided by the terminating party to the other party prior to ane hundred- fifty (150) days of the expiration date of the current term af the Agreement. MUNICIPALITY agrees ta deliver this agreement no later than September 5, 2016 or the firsi Monday of September 2016 in manner required by C UNTY to fully execute said callection services by COUNTY. � • � �� , w • �-. • .-� , � • •.-• � . � � r- s r • . , � .�• �r • � � ' � � , , � -# � • � � -�� � • . � • • a .+- � ,� � . � . � � � • � � � + • � . -� , • • • *' serve as tax assessor-collector for par c e 1 s in D e nt o n C o u n ty of t h e UNICIPALITY for ad valorem tax collectian for tax year 2016, and each tax year for the duration af this Agreement. COUNTY agrees to perform all necessary ad valorein assessing and collecting duties for UNICIPALITY and UNICIPALITY does hereby expressly authorize C UNTY to do and perform all acts necessary and proper to assess and collect taxes for UNICIPALITY. C UNTY agrees to collect base taxes, �- , •.'• ! .� - r � '�. - . � . ' . . • t- � 2 of 14 2016 IN7ERLOCAL AGREEMENT statements required by statute, supplemental changes for applicable property accounts, as well as prepare and mail any other mailing as deemed necessary and apprapriate by COUNTY; pravide daily and manthly collection reports to UNICIPALITY; prepare tax certificates; develop and maintain both current and delinquent tax rolls, disburse tax monies to UNICIPALITY daily (business day) based on prior day tax postings. COUNTY agrees to approve and refund overpayment ar erraneous payment of taxes far UNICIPALITY pursuant to Texas Property Tax code Sections 31.11 and 31.12 from available current tax collections of MUNICIPALITY; meet the requirements af Sectian 26.04 of the Texas T� Code; and to develop and rnaintain such ather records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY further agrees that it will calculate the effective tax rates and rollback t� rates for MUNICIPALITY and that such calculations will be provided at no additional cost to UNICIPALITY. The information concerning the effective and rollback tax rates will be published in the form prescribed by the Comptroller af Public Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code. UNICIPALITY shall notify tax assessor-collector na later than July 25th of each year that UNICIPALITY wishes publication of forms or notices specified in this section. MUNICIPALITY further agrees that if COUNTY calculates effective and rollback tax rates, COUNTY shall publish the required notices on behalf of UNICIPALITY. It is understood and agreed by the parties that the expense of publication shall be borne by MUNICIPALITY and that COUNTY shall provide MUNICIPALITY's billing address to the newspaper publishing the effective and rollback tax rates. 3 of 14 2016 INTERLOCAL AGREEMENT �' / ; �� - ••' -� � • •' �r ` � • ' r' � for posting notices of required hearing and quarter-page notices as required by Sections 26.05 and 26.06 of V.T.C.A. Tax Code and Section 140.010 af Local Governrnent Code, if UNICIPALITY requests such 7 days in advance of the intended publication date, C UNTY agrees to manage all notices and publications on behalf of UNICIPALITY if request is received no later than July 25th. UNICIPALITY must approve all calculations and notices, in the format required by COUNTY, before publication may proceed. The accuracy and timeliness of all required notices are the responsibility of UNICIPALITY. � � � . � - � ', - .�� - - ;• •. ' -� - • � � ; , r • � �' r• � r MUNICIPALITY. � �, .+- ��- -••. � . , ��' . • •• -� w ��- � # �• - • - . . .� - • • .r� ��- . � • � • � ' � . • • • • • - -�� a ' --• " � • -• • . . . � . • . . , � 4 of 14 2016 INTERLOCAL AGREEMENT 7. MUNICIPALITY agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the assessment and collection of taxes, and to cooperate in furnishing or locating any other information and recards needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 8. COUNTY agrees ta allow an audit of the tax records of MUNICIPALITY in COUNTY'S possessian during normal worlcing hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by UNICIPALITY. A copy af any and all such audits shall be furnished 9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety bond far the County Tax Assessor/Callector. Such bond will be conditioned upan the faithful performance of the Tax Assessor/Collector's lawful duties, will be rnade payable to UNICIPALITY and in an amaunt determined by the gaverning body of UNICIPALITY. The premiurn for any such bond sha11 be borne solely by (l ►- '•- * 10. COUNTY agrees that it will post a notice on its website, as a rerninder that delinquent tax penalties will apply to all assessed taxes wluch are nat paid by January 31, 2017. COUNTY agrees to mail a reminder natice to delinquent property accounts in the month of February notifying that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2017. The reminder notices will be mailed between February 5, 2017 and February 28, 2017. 11. COUNTY agrees that it will post to a secure website callection reports far UNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily 5 of 14 2016 INTERLOCAL AGREEMENT basis through September 30, 2017. COUNTY will provide manthly Maintenance and Operation (hereinafter referred to as "MO"), and Interest and Sinking (hereinafter referred to as 46IS99) collection reports; provide monthly recap reports; and pravide monthly attorney fee collection reports. 12. UNICIPALITY retains its right to select its own delinquent tax • - , • � • . � � .+ - • -. • .�' ���- - <' � , - - - � � ' • - � � � • - � , - , . � - . - � , r � � � �. � � - a , ; •- • - � . • � • r- • - - �, - • � • , • contract. � � -� �- . , _ . �- • • . • - � r t • , on behalf of the County Tax Office and to serve as Liaison for � COUNTY with UNICIPALITY. The County Tax Assessar/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of C UNTY; shall devote sufficient time and attention to the execution of said duties on behalf of C UNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of C UNTY and 1/ ► � . 6 of 14 2016 IN7ERLOCAL AGREEMENT � COUNTY accepts responsibility for the acts, negligence, and/or oinissions related to property tax service of all COUNTY employees and agents, sub-contractors , • • • ' .�� - , • • � - � • • •- � �• + • �-, . � . • .+ � � � -• r � UNICIPALITY accepts responsibility for the acts, negligence, and/or • • • . I r � . [ .+' � � •, • •, • . .�s - . � ',a t - � , • ' �- • �• • • •' • • ,. - " � r � -• 'r . � UNICIPALITY understands and agrees that UNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives af C UNTY. C UNTY understands and agrees that C UNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. 7 of 14 2016 INTERLOCAL AGREEMENT VII. For the services rendered during the 2016 tax year, UNICIPALITY agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as fallaws: 1. The current tax statements will be mailed by October l Ot,' or as soon thereafter as practical. In order to expedite rnailing of tax staternents the MUNICIPALITY must adopt their 2016 tax rate by September 29, 2016. Failure of the UNICIPALITY to adopt a tax rate by September 29, 2016 may cause delay in timely mailing af tax statements. Pursuant ta Texas Pro,perty Tax Code §26.05 the MUNICIPALITY must adopt a tax rate by the later af September 30th or 60 days after the certified appraisal roll is received. Failure to adopt and deliver a tax rate by the later of September 30th or 60 days after the certified appraisal roll is received may result in delay af pracessing and mailing UNICIPALITY tax statements. UNICIPALITY agrees to assume the � costs for additional delayed tax statements, processing and mailing as deterrnined by COUNTY. Notwithstanding the provisions of the Tax Code, if UNICIPALITY fails to deliver the adopted tax rates (M&O and I&S) to the Tax Assessor Collector by September 29, 2016, it may will cause a delay in the publication and release of tax statements. 2. COUNTY will mail an additianal notice during the mo�th of March following the initial mailing provided that UNICIPALITY has requested such a notice on or before February 28, 2017. The fee for this service will be a rate not to exceed $0.72 per statement. 3. At least 30 days, but no more than 60 days, prior to April lst, and following the initial mailing, COUNTY shall mail a delinquent t� statement meeting the 8 of 14 2016 IN7ERLOCAL AGREEMENT requirements of Section 33.11 of the Texas Praperty Tax Code to the awner of each parcel ta the owner of each parcel having delinquent taxes. 4. At least 30 days, but no mare than 60 days, prior to July lst, and follawing the initial mailing, COUNTY will rnail a delinquent t� statement meeting the requirements � _ � � � _ - . ' •�- I. ' •+- •- , ,-� • ' - * ' - * -, parcel having delinquent taxes. 5. For accounts which become delinquent on or after June 1 St, C UNTY shall mail a delinquent tax statement meeting the requirements af Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent taxes, 6. In event of a successful rallback electian which takes place after tax bills for ' • ' , �-- -� ' • .+ • s. � programming charge of $5,000.00. COUNTY will mail corrected statements to the owner af each parcel. COUNTY will charge a fee for this service at a rate not to exceed $0.72 per statement pursuant to Property Tax Cade Section 26.07 (�. When a refund is required per Property Tax Code Section 26.07 (g), COUNTY will charge a$.25 processing fee per check, in addition to the corrected statement mailing casts. Issuance of refunds, in the event of a successful rollback election, will be the responsibility of the COUNTY. UNICIPALITY will be billed for the refunds, postage and processing fees. 7. UNICIPALITY understands and agrees that COUNTY will, no later than January 31 S`, deduct from current collections o f t h e UNICIPALITY the 66Tota1 Cast" of praviding ail services described in paragraphs 1-5 above. This 66Total Cost" includes any such services that have not yet been performed at the time of deduction. The 66Tota1 Cost" of providing all services described in paragraphs 1-5 above shall be the total of: 9 of 14 2016 BNTERLOCAL AGREEMENT $ 0.72 x the total number of parcels listed on MUNICIPALITY's September 30, 2016 � i ; '' � � I In the event that a rollback election as described in paragraph 6 takes place, COUNTY shall bill MUNICIPALITY for the applicable programming charge, check processing fees, refunds paid, and refund pastage costs. UNICIPALITY shall pay COUNTY all billed amounts within 30 days af its receipt of said bill. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in paragraph 1, COUNTY shall bill UNICI�ALITY for such a�nounts. MUNICIPALITY shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill. 8. MUNICIPALITY further understands and agrees that COUNTY (at iis sole discretion) may increase or decrease the amounts charged to UNICIPALITY for any renewal year of this Agreement, provided that COUNTY gives written notice to UNICIPALITY sixty (60) days prior to the expiratian date of the initial term of the Agreement. The County Budget Office establishes collectian rates annually based an a survey of actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate for each year is approved by County Commissioners' Court. All entities are assessed the same per parcel collection rate. VIII. COUNTY agrees to remit all taxes, penalties, and interest collected on MUNICIPALITY's behalf and to deposit such funds into ihe UNICIPALITY's depositories as designated: 10 of 14 2016 INTERLOCAL AGREEMENi 1. For deposits of tax, penalties, and interest, payment shall be by wire transfer or ACH to UNICIPALITY depasitory accounts only, and segregated into the appropriate MO and IS accounts. Only in the event of failure of electronic transfer protocol will a check for deposits of tax, penalty and interest be sent by mail to U � '.; 2. If MUNICIPALITY uses the same depository as COUNTY, the deposits af tax, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be inade daily thraugh September 30, 2017. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. 4. In event that COUNTY experiences shortage in collections as a result • . • • • . �'"� � ` , • ' '* �. • • ,• .�- s' .�- r • ' • � within 15 days after natification of such shortage. � In the event af termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which natice is given. COT,JNTY shall be obligated to provide services pursuant to this Agreement, during such periad. 11 of 14 2016 BNTERLOCAL AGFtEEMENT /� � . - - � .. �- ' � . � COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instr ent signed by the governing bodies of both UNICIPALITY and C UNTY or those authorized to sign on behalf of those governing badies. � � . • . • -� -� � �- . �+- � � -- - , �- �- -r � �[, -• • ' -� ,�� - ! • •+'- � �- � • 1 • �- � - . . ! -� • - �,� ,• * � . MUNICIPALITY: - , � �- * .,, . ., .- . �, - • • 1 . .� , . �;� � � • � � � . - • •- . • .- • . 12 of 14 2016 INTERLOCAL AGREEMENT XII. UNICIPALITY hereby c��:�i�;����t��; rl rto act on behalf of UNICIPALITY, and to serve as Liaison for UNICIPALITY to ensure the performance of all duties and obligations of UNICIPALITY as stated in this Agreement. UNICIPALITY's designee shall devote sufficient time and attention to the execution of said duties an behalf of UNICIPALITY in full compliance with the , � � � s; � • • - . • � � - - � , - . • � � ` • � �. � � ,.- � � r � , � • � .�• r � . . . - • - • s� - _ . • • � � • '; '. _ � _ , � - • " • . • I; � - .' . �s � � • * - . •- � � • •- • ;' , , � ,� _ • - �. . + •• • . � � , w force and effect to the extent possible. � �- + -� � . • • .�- • ' r. . - - • ��- . � -� � . � . - . � '� .• � �- .' • �, - . ' �. -� � - • ' . - • • . � � • . - •-- � �. -� . r . � •' - , • - - -• � • . - � + .' w. • 1 + 13 of 14 2016 INTERLOCAL AGREEMEN7 ;� Denton County 110 West Hickory DeriiOri, Tt�, '' � 7 )�ol MUNICIPALITY TowTl/City: Denton Address: 215 E. McKinney City, State, Zlp: Denton TX 78201 � � B�: BY:� _ Hanorable l���r r����� ���e: Howard Martin �������,r�a�a�����. _ Denton County �; u��� , �"°�"� � ��� � �"I��,��: �� � ��� City Manager � BY�. Juli Luke Denton �����ntr���lca•I�: n � •, .„ „j��a � �x � <� � « - �; � . a� �� � ��:�� �� � �� .Y� q 9� .a Y # � `*:,.�� .. " `�d���N3(] ��� � ���,� , �, a � .�aa�.,.�. a�p�� �"� ����['����VED FORM AND CONTENT: APPROVED AS TO FORM: r _ � � , , �c w �.w , � �, , �� 1 � � �, � r � �,� � � � , � �„.�, � � ����� �'`` � � � ; - � � � � � , �� �. �� � � � � �� = , — � _ am �� n �---- '' �� �v9 i ���c�l le F'rench � Denton County Tax Assessar/Collector Dentan County Assistant District Attorney APPROVED AS TO FORM: CI7Y ATTORNEY CITY dF DENTON, TEXAS � ��� �� .� � � BY: � �, ,, : 14 of 14 2016 INTERLOCAL AGREEMENT