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HomeMy WebLinkAboutO-1991-1747 . ORDINANCE NO. 1747 'e AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF LA PORTE AND DEXTER D. JOYNERJ MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWJ AND 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 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; 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. PASSED AND APPROVED, this 25th day of February, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: Knox W. Aski.ns City Attorney ~ .-e THE STATE OF TEXAS S S COUNTY OF HARRIS S CONTRACT FOR COLLECTION OF DELINQUENT TAXES This contract is made and entered into by and between the City of La Porte, Texas, acting herein by and through its governing body, hereinafter styled "City" and Dexter D. Joyner, duly licensed by the Supreme Court of Texas, as an Attorney at Law, hereinafter styled "Attorney." WIT N E SSE T H: I. City hereby agrees to employ and does hereby employ Attorney to enforce by suit or other appropriate legal remedies, the collection of all delinquent taxes, penalty and interest owing to City. Current year taxes of all taxpayers falling_delinquent within the period of this contract shall become subject to its terms on the first day of July of each year. II. . City and Attorney hereby agree that prior to the filing of any suits for collection of delinquent taxes, both parties are to review the delinquent tax roll .for any errors, double assessments or other discrepancies on said roll, the current Assessor-Collector to represent the City in such reviewing procedure. Attorney is to intervene on behalf of the City in a~l suits for taxes, hereafter filed by any taxing unit on property located within its jurisdictional limits. III. City hereby agrees to furnish the amount of delinquent taxes to Attorney on all property within the taxing jurisdiction of City, along with a copy of City's delinquent tax roll. City hereby agrees to furnish forms for delinquent tax statements and compute penalty and interest on said statements before such statements are mailed to delinquent property owners. Attorney hereby agrees that each year, as soon as it is practicable after July 1, to notify the tax office of City of the dates to have statements prepared to enable Attorney to file suits, said notice to ba a minimum of thirty (30) days. ,-e .e -2- IV. Attorney hereby agrees to file suit on and reduce to judgment and sale all property located within City's taxing jurisdiction with City to furnish the necessary data and information as to name, identity, location of all necessary parties, and legal description of the property to be sold, as reflected by the'"tax records of City. When a title search is required, Attorney hereby agrees to supervise said title search, with costs to be reimbursed out of court costs. Attorney hereby agrees to sue for recovery' of the costs as court costs as provided by Section 33.48 of the Texas Property Tax Code. V. Attorney hereby agrees to provide to City, ~t his sole cost and expense, a tax collection data processing ~ystem that shall include software and hardware, with specifications to be mutually agreed upon between the parties, for the term of this contract. The data processing system shall be installed on City premises to be designated by City. Legal title to the data processing system shall remain in Attorney. Attorney shall be responsible for all upkeep, maintenance, insurance, and taxes on the system, 'both software and hardware. City shall have the right to install at its expense, hardware and software enhancements to the system, for use by the City for purposes other than tax collection data processing. City shall be responsible for all costs associated with such upgrades. City shall have the right to purchase said data processing system from Attorney, at any time after two years from the effective date of this contract, with the price to be based on the fair market value of the system at the time of purchase, as determined by recognized computer industry appraisal publications at the time of purchase. VI. Attorney hereby agrees to make progress reports to City on request, and to advise the City of all cases when investigation reveals delinquent taxpayers to be financially unable to pay their delinquent taxes. - e -3- VII. City hereby agrees to pay Attorney as compensation for services required hereunder Fifteen Percent (15%) of the amount collected of all delinquent taxes, penalty and interest of the years covered by . this contract, (or the le~al percentage, if said ~ercentage is changed by operation of law during the term of this contract), actually collected and paid to the Collector of Taxes during the term of this contract, as and when collected. All compensation above provided for shall become the property of the Attorney at the . time payment of taxes, penalty and interest is made to the Tax Collector of City. City hereby agrees to pay over said funds monthly by check to Attorney. VIII. This is a personal contract, and shall not be assignable by Attorney. This contract shall be effective from February 25, 1991, I through February 25, 1996, and where permitted by law, shall be extended automatically at each termination date for an additional one year periodJ provided, however, the contract may be terminated if written notice is given by either party at least ninety (90) days prior to the next upcoming termination dateJ and, provided, further, that City, at its option, may terminate this contract on ninety (90) days written notice prior to February 25, 1994, and February 25, 1995. After termination, Attorney shall have an additional twelve (12) months, plus necessary time for any appeals, to reduce to completion all suits filed prior to the date of termination as . provided hereinJ provided, however, such additional period shall not preclude City from entering into a delinquent tax collection contract with another attorney. In consideration of the terms and compensation herein stated, Attorney hereby accepts said employment and undertakes the performance of this contract as above written. IX. This contract is executed on behalf of City by its City Manager, who is authorized to execute this agreement by ordinance heretofore passed and approved by City's City Council. r. . -4- WITNESS, the signature of both parties hereto, in duplicate originals, this the 25th day of February, 1991, at La Porte, Harris County, Texas. CITY OF LA PORTE BY: Robert T. Herrera City Manager ATTEST: Cherie Black City Secretary APPROVED: . Knox W. Ask ins City Attorney Dexter D. Joyner Attorney at Law