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HomeMy WebLinkAboutO-2001-2483 . e ORDINANCE NO. 2001-~~~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE LAW FIRM OF PERDUE, BRANDON, FIELDER, COLLINS , MOTT, L.L.P., FOR THE COLLECTION OF DELINQUENT TAXES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 2001-~~~ - PASSED AND APPROVED, this 9th day of April, 2001. By: ATTEST: ~a tfpJ-fl Mar ha A. Gillett City Secretary APPROVED: ~~ Knox W. Askins City Attorney CITY OF LA PORTE ~~- Mayor PAGE 2 . e CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF HARRIS THIS CONTRACT is made .between the CITY OF LA PORTE TEXAS a political subdivision of the State of Texas, acting by and through its City Counsel, hereinafter called Taxing Authority, and PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P., Attorneys at Law, Houston, Texas, or their duly authorized representatives, hereinafter called the Firm. I Taxing Authority agrees to employ and does hereby employ the Firm to enforce by suit or otherwise, the collection of all delinquent taxes, penalty and interest, owing to the Taxing Authority which the Taxing Authority's Tax Collector refers to the Firm, provided current years taxes becoming 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 of 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 term on the first day of delinquency when such property is under litigation or comes under litigation or is referred to the Firm for collection by $e Taxing Authority's Tax Collector. c. Taxing Authority 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 Firm for collection. II The Firm is to call to the attention of the tax collector or officials any errors, double assessments or other discrepancies discovered during the progress of the work, and is to intervene on behalf of the Taxing Authority in all suits for taxes hereafter filed by any taxing unit on property located within its taxing jurisdiction. flI The Firm agrees to make progress reports to the Taxing Authority on request, and advise the Taxing Authority of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent taxes. e e IV All activities performed by the Firm in connection with. this contract and all costs incurred (i.e. title research and publications costs) are at no costs to the taxing authority and shall be born by the Firm. v Taxing Authority agrees to pay the Firm as compensation for services rendered hereunder fifteen (15%) percent of the total amount of all delinquent taxes, penalty and interest which are subject to this contract and which are actually collected and paid to the Taxing Authority's Collector of Taxes, when such fifteen percent is recovered from the taxpayer. Other taxes, including current taxes, which are turned over to the Firm by the Taxing Authority's Tax Assessor-Collector because of the necessity of filing claims in Bankruptcy, with other federal authorities, or for other reasons, shall become subject to the terms of this contract at the time they are turned over to the Firm and the Firm is entitled to fifteen (15%) of any amounts of delinquent taxes, penalties, and interest actually received by the Taxing Authority and fifteen (15%) percent of current taxes actually received by,the Taxing Authority when such fifteen percent is recovered from the taxpayer, if collected prior to July 1 st of any tax year, upon order of the Court. VI Taxing Authority agrees to furnish to the Firm all data and information in its possession as to the name and address of the taxpayer, the legal description of the property, and the years and amount of taxes due. Taxing Authority further agrees to update said information by furnishing a list of paid accounts and adjustments to the Tax Roll as necessary. VB This Contract shall commence on April I, 200 I, and continue in full force and effect until March 31, 2004, with an option to Taxing Authority to renew for one additional two year term, and shall thereafter continue on a month to month basis; provided; however, that Taxing Authority shall have the right to terminate this agreement for cause by giving the Firm thirty (30) days written notice of their desire and intention to terminate this agreement; and further provided that the Firm shall have an additional six (6) months to collect or reduce to judgment all tax suits and/or claims filed prior to the date this agreement becomes terminated hereunder. . In consideration of the terms and compensation here stated, the Firm hereby accepts said employment and undertakes the performance of this Contract as above written. This Contract is executed on behalf of the Taxing Authority by the presiding officer of its governing body who is authorized to execute this instrument on by Order heretofore passed and duly recorded in its minutes. . WIlNESS the signatures of all parties hereto in duplicate originals this the t) 'li1 day of &pU.L , 20~1 in Harris County, Texas. e e PERDUE, BRANDON, FIELDER COLLINS & MOTT, L.L.P. Attorneys at Law 2600 Citadel Plaza Dr., Suite I 10 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 Fax CITY of LA PORTE TEXAS i~~ M or