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