HomeMy WebLinkAboutRes 2020-08-781Approving an Interlocal Agreement with the Collin County Tax Assessor-Collector for the Hurricane Creek PID Improvement Area No. 1 Collection ServicesCITY OF ANNA, TEXAS
RESOLUTION NO.S I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE COLLIN
COUNTY TAX ASSESSOR=COLLECTOR, COLLIN COUNTY, AND THE CITY OF
ANNA FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT
IMPROVEMENT AREA NO.1 COLLECTION SERVICES FOR THE CITY OF ANNA.
WHEREAS, the City of Anna determined that it was cost beneficial for the City to
outsource the public improvement district assessment and collection operation of the
City through the office of the Tax Assessor/Collector of Collin County; and
WHEREAS, the City Council of the City of Anna, Texas, determined that the contract for
public improvement district collection services set forth in "Exhibit A" is a fair and
reasonable agreement for public improvement collection services for the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2.
The City Council of the City of Anna, Texas hereby approves the Interlocal Agreement,
attached hereto as Ext A, incorporated herein for all purposes and authorizes the
City Manager to execute same on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this��
day of �U-, -----, zuzuo
Carrie L. Land, City Secretary
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO.�(� PAGE 1 OF 1
TAX COLLECTION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1St day of August, 2020 by and
between County of Collin (hereinafter called "County"),apolitical subdivision of the State
of Texas, and the Assessment Entity for Hurricane Creek Public Improvement
District Improvement Area No. 1; (here -after called "Assessment Entity"), a duly
organized and existing PID, under the laws of the State of Texas, each acting herein by
and through its duly authorized officials.
RECITALS
1. The parties to this Agreement wish to consolidate the collection of the PID
assessment into one agency, the Collin County Tax Assessor Collector.
2. The parties enter in this Agreement in order to eliminate the duplication of
the system for collection of the PID assessment and to promote efficiency.
3. Therefore, under the authority of sections 6.23 and 6.24, Texas Property
Tax Code and the Interlocal Cooperation Act, Texas Government Code
Chapter 791 the parties agree as follows:
SECTION 1 DEFINITIONS
1.01 Tax Collection Services. The term "Tax Collection Services" shall
include preparation and mailing of the PID Assessments, assessed by
the Assessment Entity, correction of found clerical errors in
assessments, collection of assessment liabilities, maintenance of a list
of delinquent assessments, and issuance of refunds. Assessment
Collection Services do not include appraisal of property.
1.02 Current Assessments. The term "Current Assessments" shall mean
those assessments legally due and payable to the Assessment
Entity without penalty and interest.
1.03 Delinquent Assessments. The term "Delinquent Assessments" shall mean
the property assessments that have not been paid to the Assessment
Entity on or before January 31St of any given year and on which
penalty and interest are now due.
SECTION 2 TERM
2.01 Term. The term of this Agreement shall commence on August 01, 2020 and
shall continue in full force and effect until September 30, 2021. Thereafter,
this Agreement shall automatically renew annually for an additional one (1)
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year term without the necessity of any action by the parties.
2.02 Termination. Either party may terminate this Agreement by giving ninety (90)
Days written notice to the other party.
SECTION 3 SERVICES
3.01 Services to be Performed. The County agrees to provide assessment
collection services to the Assessment Entity. The Assessment Entity
agrees that all collections, assessments, penalties, interest, and attorney
fees are to be in accordance with the Texas State Property Tax Code, as
amended. The county's delinquent tax attorney will represent the interests
of the Assessment Entity.
3.02 Tax Bills. By August 31St of each year the Assessment Entity shall
provide the County with the Assessment Roll and a copy of the
Resolution/Ordinance adopting the annual fixed rate assessment for that
year. Failure to supply the Assessment Roll for any given year by said
date, will result in a late processing fee of Five Thousand Dollars
($5,000.00) plus an additional per statement fee, equal to the costs of
printing and mailing all statements. The County agrees to prepare
consolidated tax and assessment bills for each taxpayer. The tax bill
shall include taxes and assessments owed to all taxing units to which
the taxpayer owes taxes and assessments, except those units which
have not been contracted with the County for tax collection services.
The County will mail such tax and assessment bills to the property
located within the Assessment Entity by October 1st of each year, or as
soon thereafter as practicable.
The Assessment Roll should be in the format as required by the Tax
Assessor Collector. It shall be delivered to the Tax Assessor Collector
and the Property Tax Collection Supervisor via e-mail. The annual
Assessment Roll is to be accompanied by the Governing Body's
Resolution/Ordinance for the assessment.
SECTION 4 PAYMENTS
4.01 Rate of Payment. The Assessment Entity shall pay the County for
Tax Collection Services at a rate of Five Hundred Dollars
($500.00) per year, and Three Dollars ($3.00) per non-exempt
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parcel per year for parcels on the Assessment Entity's tax roll during
the term of this Agreement plus any late processing fees and other
required services, as indicated in Section 3.02 and section 7, If there
is a fee from the property tax software provider for setting up the entity
and loading the file in the first year of the contract, the fee would be
paid by the Assessment Entity.
4.02 Method of Payment. The County shall withhold from the assessment
collected under this Agreement the amount of money necessary to
pay for assessment collection services at the rate indicated in Section
4.01 from the December collections. The Assessment Entity shall not
be entitled to receive any assessments collected for a tax year until
the County has withheld the total amount of compensation under
Section 4.01 for that year.
4.03 Proration of Payment. If this Agreement is terminated during the original
term or any annual term prior to the time that the County has withheld
sufficient funds pursuant to Section 4.02 to aggregate the amount of
payment set forth in Section 4.01, the County's compensation for tax
collection services for the original term or a renewed term shall equal the
amount set forth in Section 4.01, if the tax statement, including the
assessment for the year, has been printed.
SECTION 5 REMITTANCE OF COLLECTION
The assessment collected by the County for the Assessment Entity shall
be remitted to the Assessment Entity after the proper amount of payment,
as set out in Section 4, and any taxpayer refunds have been withheld.
Assessments collected shall be remitted to the Assessment Entity within
seven (7) days from the date they are received by the County Tax Office.
SECTION 6 ADMINISTRATIVE PROVISIONS
6.01 Records. The Assessment Entity, or its representatives designated in
writing, upon reasonable notice is authorized to examine the records
to be kept by the County in the performance of this Agreement at
mutually convenient times and intervals. Such books and records will
be kept in the offices of the Collin County Tax Assessor Collector.
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6.02 Assessment Entity Records. The Assessment Entity agrees to transfer
to the possession and control of the County, without charge, copies of
all records necessary for the performance of the duties and
responsibilities of the County pursuant to this Agreement. These
records shall include all assessment records, including assessment
rolls or records available to the Assessment Entity, as required by the
County Tax Assessor Collector.
6.03 Surety Bond. If the Assessment Entity requires the County to obtain a
surety bond for the Tax Assessor Collector, the Assessment Entity agrees
to pay the premium for such bond.
6.04 Audits. The County, upon reasonable notice, agrees to allow an audit
of the assessment records at a mutually convenient time. A copy of the
audit results shall be furnished to the County. The Assessment Entity
will pay the cost of the audit.
6.05 Deposits of Taxes. The County agrees to deposit assessments collected
under this Agreement into such depository as is designated by the
Assessment Entity in writing.
6.06 Assessment Entity Contacts: The name, phone number, and e-mail address
of a person who can answer taxpayer's questions about the Assessing Entity
and assessments will be provided to the Collin County Tax Assessor-
Collectorwithin ten (10) business days from the execution of this Agreement.
The name, phone number and e-mail address of a person who can answer
the Tax Assessor Collector, or their staff, questions relating to the fund
transfers, and other operational topics will be provided to the Collin County
Tax Assessor -Collector within ten (10) business days from the execution of
this Agreement.
SECTION 7 CORRECTED BILLING SERVICES
In the event that the Assessment Entity's fixed rate assessment changes
after the County begins collections for the Assessment Entity in any
given year, the County will continue to act for the Assessment Entity in
providing refunds to taxpayers or sending corrected billings. A change
in the Assessment Entity's fixed rate assessment will result in
a late processing fee, that may be in addition to any applicable
late processing fee pursuant to Section 3.02, of Five Thousand
Dollars ($5,000.00), plus an additional per statement fee, equal
to the costs of printing and mailing all statements. The
Assessment Entity will provide to the County, a corrected
Ordinance approving any changes to the fixed rate assessment
or assessment roll.
SECTION 8 REFUNDS
Refunds to property owners authorized by the Assessment Entity will be
made on the same check for all taxing units contracting for tax and
assessment collection services. Circumstances on which refunds may
be based include, but are not limited to; clerical errors, and
overpayments. The amounts refunded by the County for the
Assessment Entity shall be paid by the County from assessment
collections on hand for the Assessment Entity after the County's
compensation is withheld pursuant to Section 4 of this Agreement. If
assessment collections for the Assessment Entity in the County's
possession are insufficient to pay for a refund, the County shall notify the
Assessment Entity of the deficiency, and the deficiency amount shall be
paid by the Assessment Entity to the County within fourteen (14) days of
notification of the amount due. The County shall not be obligated to pay
a refund unless it has sufficient Assessment Entity assessment collections
in its possession to pay the refund or the Assessment Entity has paid to
the County sufficient funds to cover the deficiency. The Assessment
Entity agrees that any payments) that it is required to make under this
section shall be made out of the Assessment Entity's current revenues.
SECTION 9 MISCELLANEOUS PROVISIONS
9.01 Liability. To the extent allowed by law, any civil liability relating to the
furnishing of services under this Agreement shall be the responsibility of
the Assessment Entity. The parties agree that the County shall be acting
only as the agent for the Assessment Entity in performing the services
contemplated by this Agreement.
THE ASSESSMENT ENTITY SHALL HOLD THE COUNTY FREE AND HARMLESS
FROM ANY OBLIGATION, COSTS, CLAIMS, JUDGMENTS, ATTORNEYS FEES, AND
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OTHER SUCH LIABILITIES ARISING FROM OR GROWING OUT OF THE SERVICES
RENDERED TO THE ASSESSMENT ENTITY PURSUANT TO THE TERMS OF THIS
AGREEMENT OR IN ANY WAY CONNECTED WITH THE RENDERING OF SAID
SERVICES, EXCEPT WHEN THE SAME SHALL ARISE BECAUSE OF THE WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE OF THE COUNTY.
9.02 Controlling Law. This Agreement shall be deemed to be made under,
governed by, and construed in accordance with, the laws of the State
of Texas. Exclusive venue for any action taken relative to this
Agreement shall be in Collin County.
9.03 Sovereign Immunity. It is expressly understood and agreed that, in the
execution of this Agreement, neither the County nor Assessment Entity
waives or shall be deemed hereby to waive any immunity or defense
that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions.
9.04 Amendments. This Agreement shall not be amended or modified other
than in a written Agreement signed by the parties.
9.05 Notices.
(a) Except as otherwise provided in this Agreement all notices required
or permitted herein shall be in writing and shall be deemed to be
delivered when deposited in the United States mail, postage prepaid,
registered or certified mail, return receipt requested, with proper
postage prepaid or when delivered in person.
(b) All communications provided for in this Agreement shall be
addressed as follows:
(ii) if to the County, to:
County Judge
Chris Hill
Collin County
2300 Bloomdale Rd., Suite 4192
McKinney, Texas 75071
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With a correspondence copy to the Tax Assessor Collector, 2300
Bloomdale Road, Suite, 2366, P.O. Box 8006, McKinney, Texas 75070-
8006.
(ii) if to the Assessment Entity, to:
City Manager
Jim Proce
City of Anna
111 N. Powell Parkway
PO Box 776
Anna, Texas, 75409
or to such person at such other address as may from time to time be
specified in a notice given as provided in this Section 9.05.
9.06 Parties Bound. This Agreement may not be assigned and shall be binding
upon the parties, their heirs, executors, legal representatives, and
successors.
9.07 Copies. This Agreement is executed in multiple copies, any one of which,
or a true copy thereof, shall have the same evidentiary value.
9.08 /ntegration. It is understood and agreed that the entire Agreement of
the parties is contained herein and that this Agreement supersedes all
oral Agreements and negotiations between the parties relating to the
subject matter hereof as well as any previous Agreements presently in
effect between the parties relating to the subject matter hereof.
9.09 Severability. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of the
Agreement is for any reason held to be contrary to law or contrary to any
rule or regulation having the force and effect of law, such decision shall
not affect the remaining portions of the Agreement. However, upon the
occurrence of such event, either party may terminate this Agreement
forthwith, upon the delivery of written notice of termination to the other
party.
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9.10 Captions. The headings to the various sections of this Agreement
have been inserted for convenient reference only and shall not modify,
define, limit or expand the express provision of this Agreement.
9.11 Obligations of Condition. All obligations of each party under this
Agreement are conditions to further performance of the other party's
continued performance of its obligation under the Agreement.
9.12 Exclusive Right to Enforce This Agreement. The County and the
Assessment Entity have the exclusive right to bring suit to enforce this
Agreement, and no other party may bring suit, as a third -party
beneficiary or otherwise, to enforce this Agreement.
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•.:- : • •
EXECUTED at McKinney, Texas on the day and year first written above.
COLLIN COUNTY, TEXAS
Judge Chris Hill
By:
Title: County Judge of Collin County
Date:
Hurricane Creek P
Jim Proce
lic Improvement District Improvement Area No. 1
Title: City Mangier, City of Anna
��. - � �:� � r - �
COLLIN COUNTY, TEXAS
Kenneth L. Maun, Tax Assessor Collector
By:
Title: Tax Assessor Collector of Collin County
Date:
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