HomeMy WebLinkAbout2021-0816 Denton County ILA for Tax Collection 2021-2023 Fully executedTHE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR PROPERTY TAX
ASSESSMENT AND COLLECTION BETWEEN
DENTON COUNTY, TEXAS AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 , TEXAS
INURED QOP,, RATTD 1 GR>�,FNjI+ N -TAS C 17 1E% J Inl}
THIS AGREEMENT is made and entered into by and between DENTON
COUNTY, a political subdivision of the State of Texas, hereinafter referred to as
"COUNTY," and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 , Denton
County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as
" DISTRICT."
WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the
provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act, and
Section 6.24 of the Texas Tax Code, and;
WHEREAS, DISTRICT has the authority to contract with the COUNTY for the
COUNTY to act as tax assessor and collector for DISTRICT and COUNTY has the
authority to so act.
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NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of
the mutual promises, covenants, and agreements herein contained, do agree as follows:
Throughout this Agreement, the term "Property Tax Code" means Title I of the
Texas Tax Code. Throughout this Agreement, the term "tax year" means the calendar year
in which the applicable tax lien attaches to the taxable property. The term "collection year"
refers to the period commencing on October 1st of the applicable tax year and continuing
through the end of the applicable term (September 30th of the following year), in which
collection and billing services are to be performed under this Agreement.
I .
The effective date of this Agreement shall be October 1, 2021. The initial term of
this Agreement shall be for a period of one year beginning on the effective date and ending
September 30, 2022. The initial term of the Agreement is for tax year 2021 property tax
rate calculation, billing, and collection services. Following the initial term, this Agreement
shall automatically renew for subsequent one-year terms, unless written notice of
termination is provided by COUNTY or DISTRICT no later than one hundred -eighty
(180) days prior to the expiration date of the then -current term of the Agreement. If said
notice is provided, this Agreement shall terminate at the end of the then -current term. Each
renewal tern shall be for property tax rate calculation, billing and collection services for
the applicable tax year (the first renewal tern will be for tax year 2022, the second renewal
terms for tax year 2023, etc.).
II.
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For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for DISTRICT to the
maximum extent authorized by this Agreement, without regard to race, sex, religion, color,
age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor -collector, shall
serve as Tax Assessor -Collector for DISTRICT for ad valorem tax collection for the tax
year. COUNTY agrees to perform all necessary ad valorem assessing and collecting duties
for DISTRICT and DISTRICT does hereby expressly authorize COUNTY to do and
perform all acts necessary and proper to assess and collect taxes for DISTRICT.
COUNTY agrees to collect base taxes, penalties, interest, and attorney's fees.
COUNTY agrees to prepare and mail all current and delinquent tax
statements required by statute, supplemental changes for applicable property accounts, as
well as prepare and mail any other mailing as deemed necessary and appropriate by
COUNTY; provide daily, monthly and annual collection reports to DISTRICT; prepare
tax certificates; develop and maintain both current and delinquent tax rolls, disburse tax
monies to DISTRICT daily (business day) based on prior day tax postings, approve and
refund overpayment or erroneous payment of taxes for DISTRICT pursuant to Property
Tax Code Section 31 from available current tax collections of DISTRICT; and to meet
the requirements of Section 26.04 and Section 42 Subchapter C and develop and maintain
such other records and forms as are necessary or required by State law, rules, or regulations.
if daily disbursal is to be delayed, COUNTY will notify DISTRICT in the secured web
entity folder the reason for the delay.
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3. COUNTY further agrees that it make for DISTRICT the property tax rate
calculations required by Property Code Section 26.04 (currently identified in the Section
by terms "no new revenue tax rate" and "voter-approval tax rate") and will do so in
accordance with all requirements therein. All such rate calculations will be performed
using only the Texas State Comptroller's "Truth In Taxation" formulas, and at no
additional cost to DISTRICT. The information concerning the rate calculations described
in this Article 1I.3 and publications will be provided to DISTRICT in the form prescribed
by the Comptroller of Public Accounts of the State of Texas, and as required by Section
26. DISTRICT shall be responsible for all publications as required by Chapter 26.
In the event DISTRICT requires early calculation based on certified estimate values,
COUNTY will perform the tax rate calculations described in this Article 11.3 and
provide the required publications to DISTRICT in the same manner as performing
the tax rate calculations pursuant to the annual appraisal district reports required to
be Certified on July 25 of each tax year.
4. COUNTY agrees, upon request, to offer guidance and the necessary forms
for posting notices as required by Chapter 26 of the Property Tax Code if DISTRICT
requests such no less than 7 days in advance of the intended publication date. DISTRICT
must approve all calculations and notices, in the format required by COUNTY and
Property Tax Code Section 26. The accuracy and timeliness of all required notices are
the responsibility of DISTRICT. COUNTY will update tax transparency databases,
as required in Property Tax Code Section 26.17(b),(5A,B),(7),(12,),(13) and
26.17(e)(2) with applicable Truth In Taxation worksheets and Notices. DISTRICT
is responsible for any other required information posted on a tax transparency
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database. This Agreement is subject to and the parties herein shall comply with all
applicable provisions of the Property Tax Code and all other applicable Texas statutes.
COUNTY will submit to DISTRICT approval forms of the tax rate calculation and
required notices. DISTRICT must return executed approval forms to tax
assessor/collector as required by law and this agreement.
5. Should DISTRICT vote to increase its tax rate above the statutory voter
approval limit (also known as the "rollback" or the "voter approval" rate), the required
publication of notices shall be the responsibility of the DISTRICT. Should DISTRICT
roll back the tax rate as a result of Tax Rate Election, the required publication of notices
shall be the responsibility of DISTRICT.
6. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to DISTRICT, and to promptly furnish written reports
to keep DISTRICT informed of all financial information affecting it.
7. DISTRICT 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 records needed by COUNTY to perform
its duties under the terms and conditions of this Agreement.
8. COUNTY agrees to allow an audit of the tax records of DISTRICT in
COUNTY'S possession during normal working hours with at least 72 hours advance
written notice to COUNTY. The expense of any and all such audits shatl be paid by
DISTRICT. A copy of any and all such audits shall be furnished to COUNTY.
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9. If required by DISTRICT, COUNTY agrees to obtain a surety bond for
the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful
performance of the Tax Assessor/Collector's lawful duties, will be made payable to
DISTRICT and in an amount determined by the governing body of DISTRICT. The
premium for any such bond shall be borne solely by DISTRICT.
10. COUNTY agrees that it will post a notice on its website, as a reminder that
delinquent tax penalties will apply to all assessed taxes that are not paid by January 31` of
the collection year.
11. COUNTY agrees that it will post to a secure website collection reports for
DISTRICT listing current taxes, delinquent taxes, penalties and interest on a daily basis
through September 30`x' of the collection year. COUNTY will provide monthly
Maintenance and Operation (hereinafter referred to as "MO"), and Interest and Sinking
(hereinafter referred to as "IS") collection reports; provide monthly recap reports; and
provide monthly attorney fee collection reports.
12. DISTRICT retains its right to select its own delinquent tax collection
attorney and COUNTY agrees to reasonably cooperate with the attorney selected by
DISTRICT in the collection of delinquent taxes and related activities.
13. DISTRICT will provide COUNTY with notice of any change in collection
attorney at least 7 days before the effective date of the new collection attorney contract.
111.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on
behalf of the County Tax Office and to serve as Liaison for COUNTY with DISTRICT.
The County Tax Assessor/Collector, and/or his/her designated substitute, shall ensure the
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performance of all duties and obligations of COUNTY; shall devote sufficient time and
attention to the execution of said duties on behalf of COUNTY 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 COUNTY and DISTRICT.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions related
to property tax service of all COUNTY employees and agents, sub -contractors and/or
contract laborers, and for those actions of other persons doing work under a contract or
agreement with COUNTY to the extent allowed by law.
V.
DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all
DISTRICT employees and agents, sub -contractors and/or contract laborers, and for those
of all other persons doing work under a contract or agreement with DISTRICT to the
extent allowed by law.
VI.
DISTRICT understands and agrees that DISTRICT, its employees, servants,
agents, and representatives shall at no time represent themselves to be employees, servants,
agents, and/or representatives of COUNTY. COUNTY understands and agrees that
COUNTY, its employees, servants, agents, and representatives shall at no time represent
themselves to be employees, servants, agents, and/or representatives of DISTRICT.
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VII.
For the services rendered during the tax year, DISTRICT agrees to pay COUNTY
for the receipting, bookkeeping, issuing, and mailing of tax statements as follows:
1. The current tax statements will be mailed by October 10`x' of the tax year or
as soon thereafter as practical. The DISTRICT must adopt its tax year tax rate on or before
September 30th of the applicable tax year, if that rate does not exceed the voter -approval
tax rate not later than the deadline set forth in Property Tax Code 26.05(a), Election Code
3.005 and 41.001. In order to expedite mailing of tax statements, DISTRICT shall adopt
and then deliver its adopted tax rate to COUNTY no later than the applicable adoption
deadline described herein. Failure by DISTRICT to adopt and then deliver the adopted
tax rate to COUNTY by said applicable adoption deadline may result in delay of
processing and mailing DISTRICT tax statements. DISTRICT agrees to assume the costs
for additional delayed tax statements, processing and mailing as determined by COUNTY.
An additional notice will be sent during the month of March following the initial mailing
provided that DISTRICT has requested such a notice on or before February
28`" of the
collection year. During the initial term of this Agreement, the fee for this service will be
$1.00 per statement. During the first and second renewal terms of this Agreement, the fee
for this service will be the per statement rate approved by Commissioners Court for the
applicable tax year, provided notice of that rate is provided to DISTRICT as described in
Section 8 of this Article VII. In the event COUNTY does not provide DISTRICT with
said notice, the rate charged during the preceding term will apply.
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2,
At least 30 days, but no more than 60 days prior to April 1" of the collection
year and following the initial mailing, a delinquent tax statement meeting the requirements
of Section 33.11 of the Texas Property Tax Code will be mailed to the owner of each parcel
having delinquent taxes.
3. At least 30 days, but no more than 60 days prior to July 1" of the collection
year and following the initial mailing, a delinquent tax statement meeting the requirements
of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel
having delinquent taxes.
4. For accounts that become delinquent on or after June 1" of the collection
year, COUNTY shall mail a delinquent tax statement meeting the requirements of Section
33.08 of the Property Tax Code to the owner of each parcel having delinquent taxes.
5. For accounts that become delinquent on February
1" of the tax year,
COUNTY, in its sole discretion, may mail a reminder notice to the owner of each parcel
having delinquent taxes not including February 33.1 1 notices.
6. In event of a tax rate change resulting from a rollback or tax approval
election that taxes place after tax bills for DISTRICT have been mailed, DISTRICT
agrees to pay COUNTY a programming charge of $5,000.00. COUNTY will, pursuant to
Property Tax Code Section 26.07(t) or 26.075(1) will mail corrected statements to the
owner of each property. The fee for this service will be the same per statement rate
described in Section 1 of this Article VII. When a refund is required per Property Tax Code
Section 26.07(g) or 26.075(k), COUNTY will charge a $.25 processing fee per check, in
addition to the corrected statement mailing costs. Issuance of refunds, in the event of a
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successful rollback election will be the responsibility of the COUNTY. DISTRICT will
be billed for the refunds, postage, and processing fees.
7. DISTRICT understands and agrees that COUNTY will, no later than
January 31' of the tax year, deduct from current collections of DISTRICT's the "Total
Cost" of providing all services described in Sections 1-5 above. This "Total Cost"
includes any such services that have not yet been performed at the time of deduction.
During the initial term of this Agreement, the "Total Cost" of providing all services
described in Sections 1-
5 above shall be the total of: $1.00 (the "per parcel rate") x the total number of parcels
listed on DISTRICT's preceding tax year Tax Roll on September 30'x' of the tax year.
During the first and second renewal terms of this agreement, the "per parcel rate" will be
the per parcel rate approved by Commissioners Court for the applicable tax year, provided
notice of that rate is provided to DISTRICT as described in Section 1 and 8 of this Article
VII. In the event COUNTY does not provide DISTRICT with said notice, the per parcel
rate charged during the preceding term will apply.
In the event that a rollback or tax approval election as described in Section 6 of this
Article Vil takes place, COUNTY shall bill DISTRICT for the applicable programming
charge, check processing fees, refunds paid, and refund postage costs. DISTRICT shall
pay COUNTY all billed amounts within 30 days of its receipt of said bill. In the event
costs for additional delayed tax statements, processing and mailing are incurred as
described in Section 1 of this Article Vil, COUNTY shall bill DISTRICT for such
amounts. DISTRICT shall pay COUNTY all such billed amounts within 30 days of its
receipt of said bill.
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8. The County Budget Office establishes collection rates annually based on
a survey of actual annual costs incurred by the County in performing tax collection
services. The collection rate for each tax year is approved by County Commissioners'
Court, and all entities are assessed the same per parcel collection rate. Following approval
of the collection rate for each tax year, COUNTY will, at least sixty (60) days prior to the
expiration date of the then -current term of this Agreement, provide DISTRICT with
written notice of that rate.
VI[I.
COUNTY agrees to remit all taxes, penalties, and interest collected on DISTRICT's
behalf and to deposit such funds into the DISTRICT's depositories, as designated:
I . For deposits of tax, penalties, and interest, payment shall be by wire transfer
or ACH to DISTRICT's depository accounts only, and segregated into the appropriate MO
and IS accounts (and Contract Rate account), as applicable, specified on the Direct Deposit
Authorization executed between the DISTRICT and COUNTY. 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 DISTRICT
2,
In anticipation of renewal of this Agreement, COUNTY further agrees that
deposits will be made daily through September 30th of the collection year. 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.
In event that COUNTY experiences shortage in collections as a result of an outstanding
tax debt of DISTRICT, the DISTRICT agrees a payment in the amount of shortage shall
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be made by check or ACH to COUNTY within 15 days after notification of such shortage.
Failure to remit payment of shortage restricts release of collected taxes until such time as
payment is remitted.
IX.
In the event of termination, the terminating party shall be obligated to make
such payments as are required by this Agreement through the balance of the tax year in
which notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement during such period.
X.
This Agreement represents the entire agreement between DISTRICT and
COUNTY and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by the
governing bodies of both DISTRICT and COUNTY or those authorized to sign on behalf
of those governing bodies.
X1.
Any and all written notices required to be given under this Agreement shall be delivered
or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-349-2820
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DISTRICT:
Trophy Club Municipal Utility District No. 1
100 Municipal Drive
Trophy Club, Texas 76262
XII.
DISTRICT hereby designates Alan Fourmentin, General Manager to act on
behalf of DISTRICT, and to serve as Liaison for DISTRICT to ensure the performance
of all duties and obligations of DISTRICT as stated in this Agreement. DISTRICT's
designee shall devote sufficient time and attention to the execution of said duties on behalf
of DISTRICT in full compliance with the terms and conditions of this Agreement; shall
provide immediate and direct supervision of the DISTRICT 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 DISTRICT and COUNTY.
X111.
In the event that any portion of this Agreement shall be found to be contrary to law,
it is the intent of the parties that the remaining portions shall remain valid and in full force
and effect to the extent possible.
XIV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary DISTRICT to execute this agreement on behalf of the
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parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
4 51---
Executed in triplicate originals this, day of *AlligfiFr 20 21 .
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COUNTY
Denton County Texas
110 West Hickory
Denton, Texas 76201
BY:
Honorable Andy Eds
County Judge
ATTEST:
BY: k.
Juli Luke
Denton Counttir
��p�\y9�lliHilig/
ctagit
APPROVED FORM AND CO. 1TEA 0`)x
in
% 'irtit l►u10
bL1tb4'/ Ec
M chelle French
Denton County
Tax Assessor/Collector
DISTRICT
Trophy Club Municipal Utility District No. 1
100 Municipal Drive
Trophy Club, Texas 76262
Email:
Phone: (682) 831-4600
BY: S�Q�,1C
Name: Steve Flynn
Title: Board President
ATTEST:
BY: 12-(-
Name
Kelly Castonguay
Title Board Secretary/Treasurer
APPROVED AS TO FORM:
ITenton County Attorney
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14. H.
THE ORDER:
DENTON COUNTY
COMMISSIONERS COURT
Month
09/21/2021
4/D
� bt0 `a`
Court Order Number
Approval of Interlocal Cooperation Agreements between Denton County, Texas and each of the following
entities: 1) Town of Hickory Creek; 2) City of Sanger; 3) Lake Dallas ISD; 4) Denton ISD; 5) Little Elm ISD;
6) City of Aubrey; 7) Denton County Fresh Water Supply District No. 11-C; 8) Denton County Fresh Water
Supply District No. 1-D; 9) Oak Point Water Control and Improvement District No. 3; 10) Denton County
Municipal Utility District No. 4; 11) Denton County Municipal Utility District No. 5; 12) Lewisville ISD; 13)
Highway 380 Municipal Management District No. 1; 14) Northlake Municipal Management District No. 2;
15) Denton County Municipal Utility District No. 9; 16) Denton County Fresh Water Supply District No. 10;
17) Denton County Fresh Water Supply District No. 8-A; 18) Pilot Point ISD; 19) Trophy Club Municipal
Utility District No. 1; 20) Town of Copper Canyon; 21) Town of Lakewood Village; and 22) City of
Hackberry, for ad valorem tax collection, as recommended by the Denton County Tax Assessor -Collector,
and any appropriate action.
Denton County Page 3 of 4 Printed on 9/16/2021
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Motion by tll
Commissioner Pct No 1 Yes
Ryan Williams Abstain _
No
Absent
Commissioner Pct No 3 Yes
Bobbie J. Mitchell Abstain
No
Absent
Seconded by
County Judge Yes X
Andy Ends Abstain
No
Absent
Other Action: Pulled from Consent
l'cA610A66n
Commissioner Pct No 2 Yes
Ron Marchant Abstain
No
Absent
Commissioner Pct No 4 Yes
Dianne Edmondson Abstain
No
Absent
Motion Carried
No Action
BY 1 R'1 ER OF THE G MMISSIONERS COURT:
Pres mg Officer
APPROVED AS TO F
Assistan'tA orney
��(Ftti tioPit i/t/
ntf,-,„0t.)-137•,,,,,,, j Juli Luke , County Clerk
C� ti -.),.,7.1's4- r r,,, /•' %, and Ex -Officio Clerk of the
'y ,r�, '-`•' ''-',1,-,'13,--Commissioners Court of
``:.
,, •---- • c, c-4 `---,2---. Degton County, Texas
J�l
f ' j Deputy Coun r
Postponed
ATTEST:
rer
Denton County Page 4 of 4 Printed on 9/16/2021
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