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HomeMy WebLinkAbout1965-06-30 Special Meeting• MINUTES - SPECIAL MEET/NG of the LA PORTS CITY COMMlSS/ON, LA PORTS, TEXAS June 30, 1965 MEMBERS OF THE CON1M/SS/ON PRESENT: Mayor H. P. Pfeiffer, Commissioners Lois Compton, Russell Shepherd, Tom Osburn, and W. A. Stabs, Jr. MEMBERS OF THE COMMISSION ABSENT: None OTHER CITY OFFICIALS PRESENT: City Engineer H. Carlos Smith, Chief of Police H. F. Freeman, and City Clerk Marilyn Kelley. PRESIDING: Mayor Pfeiffer + + + 1. Attorney Knox Askins presented the Commission hts proposal for representing the City as City Attorney. See exhibits 1 and 2. Commissioner Compton made a motion, seconded by Commissioner Shepherd that Mr. Askins be employed as City Attorney as proposed in exhibit 1, excluding tax work, and that he be paid 15~ of alZ delin- quent taxes collected as proposed in exhibit ,~`2. Further, that the clause "the services may be terminated upon a 30 day notice from either Mr. Askins or the City" be added to each proposal. Motion carried. + + + 2. Commissioner Shepherd made a motion, seconded by Commissioner Osburn, that repairs to the A. C. Grader be approved. Approximate cost ,1,041. Motion carried. + + + 3. A motion was made by Commissioner Osburn, seconded by Commissioner Stabs that H. Carlos Smith be authorized to attend Mosquitoe Control School July 7, 8 and 9. Motton carried. + + + 4. Commissioner Stabs made a motion, seconded by Commissioner Compton, that C. L. Pitman beemployed to represent the City in an upcoming Jury Trial. Motion carried. + + + • u 5. The City Clerk stated fhat it had been necessary to transfer $90,000. from Water and Sewer Fvnd to the General Fund, and X500. from General Fund to Airport Fund. Corrunissioner Stabs made a motion, seconded by Commissioner Osburn, that the .transfers be ratified. Motion carried. + + + THERE BEING NO FURTHER BUS/NESS AT HAND, THE MEETING WAS ADJOURNED. ATTEST /~ ~ N. P. PFEIFFE Mayor MARILYN KELLEY City Clerk • • • • A.h .:J Otl _ OC 3 w 0273 %' June 30, 1965 Lion. _~~a.yor argil City CoLsmissioners City of La Forte La Porte, Texas Lady and GentleTen: This letter contains my proposal to serve as City Attorney of the City of La Porte for its 19b5-65 fiscal year. Aa City Attorney, I agree to provide the City of La rorte ~ti}ith • the following legal services: 1. Attend all regular and special meetings of the City Commission, to advise with. it. 2. Provide advice on matters concerning the City's operation, t0 treer•Tayor, City Cc~~i~aissioners, City Clerli and other administrative officials. • • 3. Prepare.tion of ordinances, resolutions, briefs of law, acid other legal instruments as needed and as authorized by the City Commission. ', ,,, OJrY 5. Collection of delinquent taxes owing to the City. (An alternative proposal to 'Handle the delinquent tax collection program on a percentage fee basis is presented in an ' accompanying letter). • 6. Any other matter requiring counsel by the City Attorney. Ir_.consicieration of such legal representation as City Attorney, the undersigned shall receive frog! t«e City of La Porte: ' 1. A monthly advance (retainer) fee of X250, to be paid ire advance or, t~ze first day of each month, to be credited as rlereinafter ~rovrided . 2. The undersigned shall *La~ce no charge to the City for time spent in attend.r_ce at not :~o-re than t~r~o re:~;ular ;:ieetings each *nont'n. Provided, special :lcetinc:s, and any public hearings or other special proceedings requiring active ~~articipation by the undersigned, such as paving lien hear•ings,~etc., shall be charged for as hereinafter provided. • EXHIBIT 1 • .. • ~ f. f.~:J . GJ • ..~iJ:r Otl.jX oa~x • ~ ,oa~3x• ~~ ~~ Gity of La Porte --- Page 2 ~. x.11 tine spent on City matters, (other than attendance at the tiro regular monthly *~°etir.~;s, for which there shall be no ~~dditioral charge, and other th~:.il on litigation, ~rhich shall be charged for as hereinafter provided), shall be billed at the rate of ~'15 ??er hour. Zii this corslection, the monthly retainer fee of~~ shall cover tine first ten hours, or fraction thereof, each .~onth, of such time. 4. Zn the evert the City accrues billable time in excess of ten hours in any calendar :ror_th, •the undersigned sha11 present an ite•nized statement thereof to the City Coma:~ission at its first • regular r:~eeting following the close of such raont'r~. 5. Litigation (other than tax suits, which shall be charged on an hourly basis, or on a percentage fee basis) shall be charged for on a reasans.ble fee basis . To.e undersigned agrees to provide t}~e City Commission with as accurate an estimate as possible of the anticipated fees in any litigated matter. • T_f acceptable, this letter shell constitute the agreement between the City of La Porte ar~d the ur_dersi fined, for t'r,.e undersigned to act as City kttorney for the City of La Porte, during tree City's 1y6~-b6 fiscal year. • espectfully, ~' • Knox y~l. Asl_ins f_• '~ 1' `" ~ tA.11/ _ IOPJ _fx • ~ ,. au .. ~ _.,.,.: 02fy:C OL'7 X" • wJ • June 30, 1865 Hon. I•iayor and City Commissioners City of La Porte La Porte, Texas Lady and Gentlemen: An accompanying letter contains a proposal by the undersigned to represent tie City of La Porte in the collection of its delinquent ad valorem taxes, on an hourly fee basis. • As an alternate proposal, the uzdersigr:ed agrees to handle all legal matters in connection with the collection of such delinquent taxes on a percentage fee basis, for the 1865-66 fiscal year of the City. As City Attorney, I agree to provide the City ~rrith the following legal services in connection •vrith its delinquent tax collection program: •. l~. Provide counsel on establishing a system of notice letters, and monthly-paynent agreements for taxpayers, for the City. 2. Send attorney notice letters to delinquent tax accounts. 3. Continue prosecutio?i of City tax suits now on file, and attempt to secure Firial Judgments and Orders of Sale. • 4. File additional tax suits in behalf of the City. 5. Examine chains of title to determine parties who must be made defer_dants in tax suits; investigate whereabouts of „unknown" owners, or their heirs; prepare necessary Citations by Publication. o. Negotiate ar~onthly paynent arrangements with taxpayers, when requested. 7. Provide other services reasonably incident to a full-scale delinquent tax collection program. The City of La Porte shall provide t'ne follo~ring: 4.1• ~ OUJw 1. i~•iaintain accurate delinauent tax rolls; provide typewritten certified ta:: statements to City Attorney, as needed to prepare suits. ~• . EXHIBIT 2 OL:• Oa3X Oa3a • City of La Porte--Pa`e 2 2. Continue its nailir_gs of IB:~ tax state:aents to delinquent accounts, as at present. . 3. Provide mimeographed forms, as prepared by City attorney; up-dated chains of title; additional chains of title, if needed; (title information expense may be charged to Defer_dants as court costs); postage for notice mailings. Ur_der tax statutes, the City nay, any •taxpayer :•rho ~•rishes to settle of the taxes; a 10;~ attorney fee. • collected by the City would be cr~ to the undersigned, and would not to City Attorney. • • respectfully, Yinox ~J. Askins • at its option, collect from a tax suit by payment in full Any such attorney fees edited to the City, ar_d not be sttb,~ect to percentage fee In consideration for such legal representation and co-ordination of its delinquent tax collection program, the City shall pay the undersigned the sum of fifteen percent of all delinquent taxes, penalty and interest collected by the City durir_g the tern of this a`reemer_t. Pwyment to file undersigned shall be made at the close of each month's business, based on fifteen percent of the prior month's collection of delinquent taxes, penalty anti interest. . State statutes•prohibit the filing of tax suits a4ainst property upon which there is less than ~~`25 in delinquent taxes, exclusive of penalty, interest, or costs. The undersigned shall not be oblic:ated to file suit in such cases, or to prosecute any such suits which may now be on file, until such ti~~e as the amount of taxes or_ property involved in any such suit exceeds X25. The undersigned agrees to .vigorously prosecute the collection of delincuer_t taxes owing to the City, to the end that the volume of collections nay be increased, and t'ne delinquent tax roll reduced. . If acceptable, this letter shall constitute the agree~ner_t between the City of La Porte and to.e undersigned, for the collection of delinquent taxes oUring to tt~e City, the tern: of tY~e agreement to be for the City 's 1965-6b fiscal year. A.1.. ~.. Ot~J?c