Loading...
HomeMy WebLinkAboutR83-602A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PI~, TEXAS AUTHORIZING THE 5~AYOR TO EbYI~R INTO A CONTRACT ON BEHALF OF THE CITY WITH PURDUE, BRANDON, BLAIR & FIELDER ATTOt~IEYS AT LAW OF AMARILLO, FOR THE Co--ION OF DELINQUENT TAXES. WHEREAS, %he City of Plainview presently has delinquent taxes outstanding and %he Plainview City Council desires an intensive effort be made to collect such taxes; and WHEREAS, %he legal firm of Purdue, Brandon, Blair & Fielder specialize in the collection of delinquent taxes and will make such collections on personal property and real property for an amount of 20% of %he total amount of all delinquent taxes, penalty, and interest which are actually collected; and WHEREAS, by %he passage of OrdiD2~nce 83-2519, 15% of this cost will be shifted to the delinquent taxpayer, whereby the City receives this service for the payment of only 5%: NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Plainview, Texas that %he Mayor be authorized to enter into a contract with the Purdue, Brandon, Blair & Fieldor, Attorneys at Law of Amarillo for the collection of delinquent on both personal and real property for %he City of Plainview, and this contract shall conmence on %he 25%h day of May, 1983. PASSED AND APPROVt~ this the 24%h day of MaY, 1983. A%~fE~T: ~ALTER S. DODSON, City Clerk CONTF~iCT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF HKLE THIS CONTRACT is made and entered into by and between THE CITY OF PLAiNVIEW acting by 'and through its governing body, hereinafter called First Party, and PERDUE, BRANDON, BLAIR & FIELDER, Attorneys at Law, Amarillo, Texas, or their duly authorized representa- tives hereinafter called Second Party. First Party agrees to employ and does hereby employ Second Party to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to First Party which the First Party"~s Tax Assessor-Collector refers to Second Party, provided current year taxes be- coming delinquent within the period of this contract shall become subject to its terms upon the following conditions: A. Taxes that become delinquent during the term of this contract, that are not delinquent for any prior year become subject to the terms or.this contract on the 1st day of ~July, of the year in which they become delinquent; and B. Taxes that become delinquent during the term of this contract on property that is delinquent for prior years shall become subject to -its terms on the first day of delinquency. C. First Party reserves the right to make the, final decision as to whether or not to enforce by suit any delinquent tax account turned over to the Second Party for collection. II. Second Party is to call to the attention of the collector of other officials any errors,double assessments or other discrepancies coming under his observation dur- ing the progress of the work and is to intervene on behalf of First Party in all suits for taxes hereafter filed by any taxing unit on property located within its taxing jurisdiction. III. Second Party agrees to make progress reports tO First Party on request, and to advise First Party of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent .taxes' IV. First Party agrees to pay to Second Party as compensa- tion for services required hereunder twenty (20%) percent of the total amount of all delinquent taxes, penalty and interest of the years covered by this contract which shall be paid to Second Party in the following manner: Personal Property: Twenty (20%) percent of the total amount of all delinquent taxes, penalty and interest which are actually collected and paid to Eirst Party's Collector of Taxes; such compensation shall become the property of the Second Party at the time such delinquent taxes, penalty and interest are actually, paid to First Party's Collector of Taxes. Real Propert~y_: Twenty (20%) percent of the total ~mohnt of all delinquent taxes, penalty and interest which are actually collected and paid to First Party's Coilector of Taxes by the taxpayer or the result of a forced sale of such real estate; sUch compensation shall become the property of the Second Party at the time such delinquent taxes, penalty and interest are actually paid to First Party's Collector of Taxes whether voluntarily by the taxpayer or from the proceeds of a forced sale, whichever occurs first. -2- Other taxes, including current taxes, 'which are turned over to the Second Party by the First Party's Tax Assessor- _ Collector because of the necessity for filing claims in Bankruptcy or for any other reason-become subject to the_ terms of this contract at the time they are turned over to Second Party and Second Party is entitled to twenty (20%) percent of any amounts actually received by First Party. Said Collector of Taxes shall pay over said compensa-- tion to Second Party monthly by check. In the event suit is necessary to collect any of the delinquent taxes, penalty and interest covered by this contract, Second Party agrees ' e ' behalf of the First Party to recover as attorn ~'s fees on fifteen (15%) percent of all such delinquent taxes,, penalty and interest or if Section 33.07 of the Property Tax Code has been adopted, fifteen (15%) percent provided by the State Property Tax Code will be recovered as penalty. First Party agrees to furnish to Second Party tax state- ment and all data and information as to the name, identity and location of necessary parties and the legal description including title.information of property necessary to the filing of any suit for taxes and to pay any expenses incurred in obtaining same., tn addition, First Party agrees to pay all Sheriff's Fees. Second Party agrees'to recover on behalf of First Party any such expenses so incurred in any suit for collecti°n of such taxes to the extent ~'rovided by law. VI. This contract shall commence on , 198 , and end when both parties mutually agree: provided, however, that either party of this agreement shall have the right to terminate this agreement bY giving the other party thirty (30) days written notice of their desire and intention to terminate this agreement; and further provided that Second Party shall have an additional six (6) months to reduce to judgment all tax suits filed prior to the date of this agreement shall become terminated. In consideration of the terms and compensation here stated, Second Party hereby accepts said employment and undertakes the performance of this contract as above written. -3- This contract is executed on behalf of First Party by the presiding officer of its governing bOdy who is authorized to execute this instrument by Order heretofore passed and duly recorded in its minutes. WITNESS the signatures o~ g~l parties hereto in duplicate originals this th'e~_~day of ~~ A.D., 1983, Count~, Texas.--[--- ~ ATTEST ' .~~t y~S e~C r~r ~t~ar~ Hale PERDUE, BRANDON, BLAIR & FIELDER Attorneys at Law P. O. Box 9132 Amarillo, Texas 7910~ CITY OF PLAINVIEW By '~~/ Mayor