RE 2016-0112.2RESOLUTION NO. 2016-0112.2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTER-
LOCAL COOPERATION AGREEMENT ON BEHALF OF THE CITY OF
COPPELL, TEXAS WITH DALLAS COUNTY FOR TAX ASSESSMENT
AND COLLECTION SERVICES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Dallas County, Texas has offered to provide tax assessment and collection
services for the City of Coppell, Texas for properties located in Dallas and Denton Counties, and
the City Council desires to contract with Dallas County to provide such tax assessment and
collection services; and
WHEREAS, Section 6.24 of the Texas Property Tax Code authorizes the City of Coppell,
Texas to enter into an inter -local cooperation agreement with Dallas County for tax assessment
and collection services;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Mayor is authorized to execute an Inter -Local Cooperation
Agreement on behalf of the City of Coppell, Texas with Dallas County, Texas for tax assessment and
collection services for properties located within Dallas and Denton Counties, Texas, and any
amendments or other instruments related thereto.
SECTION 2. That this Resolution shall become effective immediately from and after its
passage.
DULY RESOLV D AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the �Z' da of 2016.
SELBO)RUNT, Mayor
ATT
CHRISTEL PETTINOS, City Secretary
ROBERT E. HAqyk, City Attorney
(12/29/15 -aa -748 )
Com; �'CY pF0
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CONTRACT FOR ASSESSMENT AND COLLECTION
rF °F sir BETWEEN DALLAS COUNTY, TEXAS AND
THE CITY OF COPPELL
PURPOSE:
This Contract is between Dallas County, Texas, through its County Tax Assessor -Collector, and the
City of Coppell (the "Taxing Unit") and is entered into pursuant to Section 6.24 of the Texas Property
Tax Code and Section 791.011 of the Texas Government Code.
I. SCOPE OF SERVICES
1. SERVICES TO BE RENDERED BY TAX ASSESSOR/COLLECTOR
Dallas County, through its County Tax Assessor -Collector, (collectively referred to as the `TAC'), shall
assess and collect ad valorem property taxes upon all properties subject to the Taxing Unit's taxing
jurisdiction, and shall perform said services in the same manner and fashion as the TAC collects taxes
due and owing County on its own taxable properties. The services rendered hereunder shall conform
with all applicable and controlling laws, rules, orders, mandates, and regulations, and shall include
the following: (1) receiving the Certified Appraisal Roll from the appropriate Appraisal District(s)
and monthly changes thereto, (2) providing mortgage companies, property owners and/or tax
representatives tax roll and payment data, (3) providing all necessary assessments of taxes as
required, (4) the transmittal of tax statements via appropriate medium (5) processing property tax
payments, and (6) calculations of the effective tax rates, roll back tax rates and Truth in Taxation notices
for publication unless instructed otherwise.
Additionally, on the Taxing Unit's behalf, the TAC shall (1) approve and refund erroneous payments or
overpayments, if provided sufficient historical information by the Taxing Unit, (2) approve or reject
requests for waiver of penalties and interest for delinquent taxes owed, (3) prepare and issue tax
certificates, and (4) prepare and/or provide information and reports to state agencies, auditors and other
interested parties regarding assessments, collections and disbursements of ad valorem taxes.
2. ADDITIONAL SERVICES AVAILABLE TO TAXING UNIT
The TAC might further perform or render additional related services when requested by t h e Taxing
Unit, which additional services might result in additional costs and fees to be paid by the Taxing
Unit. Before any such additional services are commenced by the TAC, said services and attendant
costs and fees shall be confirmed by separate written agreement.
3. EXCLUSIONS
The scope of services contemplated hereunder does not include the administration of a rollback
election. In the event of a rollback election, regardless of the outcome, all costs incurred by the TAC
on behalf of the Taxing Unit shall be in addition to the collection fees set out in the attached Notice of
Annual Per Parcel Cost and shall be confirmed by separate written agreement. Should the Taxing Unit
adopt a rate that will trigger a rollback election, they may obtain an estimate of the costs that would be
incurred, regardless of the outcome of the election.
PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & COPPELL - 2015
In the event of a rollback election by the Taxing Unit, the TAC shall assume no duty or responsibility
hereunder regarding (1) any matter relating to a financial or legal obligation said Taxing Unit may owe
to any applicable Appraisal District; (2) the adoption of the Taxing Unit's corrected/modified/amended
tax rates, and related publications or notices pertaining thereto, or (3) any other obligation imposed by
law or other controlling authority upon the Taxing Unit not specifically stated in this Agreement.
II. COMPENSATION
In consideration of the services provided by the TAC, the Taxing Unit shall pay the TAC for the
services provided herein, the amounts reflected in the attached Notice of Annual Per Parcel Cost. The
Notice of Annual Per Parcel Cost attached hereto is incorporated herein for all purposes and constitutes
a part of this contractual agreement.
It is expressly understood and agreed that the Notice of Annual Per Parcel Cost might be amended over
time. If the Notice of Annual Per Parcel Cost is amended in the future, the remainder of this Agreement
shall remain in full force and effect unless specifically changed by a supplemental, amended or
replacement Agreement. Before any such amendment may take effect, timely notice must be provided.
To be considered timely, said notice shall be provided on or before the 1 st day of March of each year,
with an effective date of October 1 st of the new tax year.
The TAC's compensation for performing the primary services contemplated herein shall be deducted
from current collections by January 31 st annually, and shall include, but not be limited to all accounts
added through supplements to the tax collection system from the certified Tax Roll received from the
applicable Appraisal District(s) since certification.
III. COOPERATION
The Taxing Unit shall provide to the TAC, without charge, copies of all records necessary to perform the
duties and responsibilities contemplated under this Agreement in the format and/or medium in which they
currently exist.
The Taxing Unit shall provide to the TAC all accounts involved in the establishment of a new Public
Improvement District ("PID") or any additions or deletions of an existing PID. PID rates must be
adopted per $100 of valuation as determined and certified by the applicable Appraisal District(s).
Consistent with mandates of applicable law, the parties hereto shall assist each other in promptly
complying with Public Information Requests pertaining to any aspects of this Agreement.
IV. NOTICE OF APPLICABLE TAX RATES
The Taxing Unit shall provide the TAC with timely notice regarding the adoption ofall applicable tax
rates and exemptions, as well as related directives, orders, decisions or other matters which impact the
assessment and collection of ad valorem property taxes. As used herein, the phrase "timely" shall mean
adopting the applicable tax rate for the Taxing Unit and providing notice to the TAC of same, no
later than the 3`d Wednesday of September for each year that this Contract remains in effect.
In the event that the Taxing Unit does not timely adopt its tax rate on or before the 3`d Wednesday of
September and notify the TAC of same, the Taxing Unit agrees that it will bear all reasonable and
additional costs incurred by the TAC as a direct or indirect result of the Taxing Unit's failure to timely
adopt its tax rate. All such costs are in addition to the collection fees set out in the attached Notice of
Annual Per Parcel Cost.
PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & COPPELL - 2015 17
V. DEPOSIT OF FUNDS
All funds collected by the TAC on the Taxing Unit's behalf shall be promptly transferred and deposited
by automated clearing house (ACH) protocol into an account designated by Taxing Unit at its
depository bank. If any daily collection total is less than Twenty-five Dollars ($25.00), the
distribution will be withheld until the cumulative total of taxes collected on the Taxing Unit's behalf
equals at least Twenty- five Dollars ($25.00).
After initiation of the aforementioned ACH transfers from the Dallas County Tax Office's Depository
Account to the Taxing Unit's designated Depository Account, the TAC retains no responsibility, and
shall have no liability, for the further management and processing of said funds.
VI. REFUNDS
Refunds will be made by the TAC on the Taxing Unit's behalf only as set forth herein. The TAC will
not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5)
years are provided and made available to the TAC.
The TAC agrees to issue refund checks on behalf of the Taxing Unit based on value changes as
provided by the Appraisal District(s); should the Taxing Unit have insufficient collections to repay
the Dallas County Tax Office within 15 days, then the outstanding sum must be paid in full upon
notification by the Tax Office.
In the event that the Taxing Unit is a party in any lawsuit regarding the collection of taxes provided for
herein, which matter is resolved by settlement or final judgment requiring the Taxing Unit to refund tax
payment proceeds to a taxpayer, the TAC shall be permitted to make such refund on the Taxing Unit's
behalf, and to debit such amount from tax payment proceeds currently held by the TAC on behalf of the
Taxing Unit.
VII. AUDIT CONTROLS
The TAC shall employ and utilize appropriate internal and external audit controls to insure the accuracy
and integrity of their tax collection efforts on the Taxing Unit's behalf. The Taxing Unit reserves the
right to employ its own independent audit mechanisms and controls. When requested, the TAC shall
cooperate with the Taxing Unit's independent auditors by providing necessary explanations of all reports
as well as providing access to relevant databases maintained by the Dallas County Tax Office.
VIII. DELINQUENTTAX COLLECTION
In addition to the services provided herein, the TAC shall, to the fullest extent permitted by law, make all
reasonable efforts to pursue the collection of delinquent ad valorem property taxes owed to the Taxing
Unit. All such efforts shall include contracting with any competent attorney to represent the TAC in
enforcing the collection of delinquent taxes. To avoid duplication of efforts and unnecessary costs to the
taxpayer, the TAC recommends employing the same counsel for both the TAC and the Taxing Unit. Any
attorney retained for such representation shall be paid in the manner permitted by law and consistent with
the contract between the TAC and the attorney.
In the event the Taxing Unit utilizes different legal counsel than the one employed by the TAC, the
Taxing Unit agrees to pay the additional cost, if any, that are incurred in utilizing different legal counsel.
All such costs are in addition to the collection fees set out in the attached Notice of Annual Per Parcel
Cost.
PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & COPPELL - 2015 3
IX. NOTICES
Notices required to be given to either party to this agreement shall be deemed delivered when either
personally delivered, faxed with receipt confirmed, or when mailed via United States Mail, certified or
registered, postage prepaid, and confirmed received by intended recipient.
X. SUPPLEMENTAL SURETY BOND RECOMMENDED
The TAC recommends that the Taxing Unit obtain additional and adequate surety bond for the TAC
specifically related to all anticipated services to be performed and rendered hereunder, with all associated
premiums for such bond to be paid by the Taxing Unit.
XI. TERM AND DURATION OF AGREEMENT
The term of this Agreement shall begin on the date of last execution by any party hereto, and continue in
full force and effect, from year to year, until such time as either party, by written notice to the other,
terminates the same. Notice of termination given hereunder on or before the l'day of April of the
tax year in which the party intends termination, shall be effective immediately following the 30th
day of September following such notice.
XII. SOVEREIGN IMMUNITY
This Contract for Assessment and Collection is expressly made subject to each party's sovereign
immunities, Title 5 of the Texas Civil Practice and Remedies Code and all applicable state and federal
law. The parties expressly agree that no provision of this Agreement is intended to in any way constitute
a waiver of any immunities from suit or from liability that the parties have by operation of law.
XIII. MISCELLANEOUSPROVISIONS
This Contract for Assessment and Collection contains the entire agreement between the parties relating to
the rights and obligations delegated, assumed and owed by and between the TAC and the Taxing Unit.
This Contract supersedes any prior understandings and agreements between the parties, written or oral,
pertaining to the same subject matters.
This Contract shall be construed under and in accordance with the laws of the State of Texas, and all
obligations herein shall be performed in Dallas County, Texas.
This Contract is not intended to benefit any third -party beneficiaries.
This Contract shall be binding upon and inure to the benefit of the parties hereto, and to their respective
successors and assigns.
Should one or more provisions contained herein be declared invalid, illegal, or otherwise unenforceable,
such declaration shall not invalidate or adversely impact other valid, legal and enforceable provisions,
and the remainder of this Agreement shall remain in full effect.
PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & COPPELL - 2015 4
AGREED
A/S TO FORM AND CONTENT:
en Hunt
Mayor, City of Copp 1
Clay Lewis Jenkins
Dallas County Judge
ACKNOWLEDGMENT:
John es,
Dallas County Tax Assessor -Collector
APPROVED AS TO FORM*:
DISTRICT ATTORNEY
SUSAN HAWK
By: Melanie Barton
Assistant District Attorney
Dallas County, Texas
;V1121 -2,91e,
Date
Date
Date
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It
may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was
conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the
benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own
respective attomey(s).
PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & COPPELL -2015 5
DALLAS COUNTY TAX OFFICE
JOHN R. AMES, CTA
6Fk,F'°# TAX ASSESSOR/COLLECTOR
Annual Notice of Per Parcel Cost for Ad Valorem Tax Collections
August 2015
Please accept this as the annual notice of the per parcel cost of collections for your Ad Valorem
taxes, per the agreed upon terms, in the Contract for Assessment and Collection with your
governmental entity and the Dallas County Tax Assessor/Collector's Office.
These per parcel costs will be effective with the July 2015 certified roll and will be billed and
collected by January 31, 2016.
2014 Tax Year 2015 Tax Year
Parcels within Dallas County $1.30 $1.25
(Certified by the Dallas Central Appraisal District)
Parcels outside of Dallas County $2.95 $2.95
(Certified by any other CAD besides Dallas CAD)
Public Improvement Districts (PIDs) $2.75 $2.75
(As approved by the appropriate municipality)
Please attach this notice to your original Assessment and Collection Contract as the official costs
determined and agreed upon by the Dallas County Auditor's Office, Tax Assessor's Office and the
Commissioners Court.
John R. Ames, CTA
Tax Assessor/Collector
PROPERTY TAX ASSESSMENT & COLLECTION SVCS BETWEEN DALLAS COUNTY & COPPELL - 2015 6