Res 149-82 9/7/1982RESOLUTION NO. /0 y-17j)
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER
TO EXECUTE A CONTRACT WITH PERDUE, BRANDON, BLAIR
FIELDER, ATTORNEYS AT LAW, FOR COLLECTION OF
DELINQUENT TAXES.
WHEREAS, the City of Wichita Falls has heretofore advertised
for proposals for the collection of delinquent taxes; and,
WHEREAS, one proposal was received, that being the proposal
of Perdue, Brandon, Blair & Fielder, Attorneys at Law of Ft. Worth,
Texas, and this proposal is found to be fair and reasonable.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and Perdue, Brandon, Blair &
Fielder, Attorneys at Law of Ft. Worth, Texas, for collection of
delinquent taxes, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 7th day of September, 1982 .
c.".
55:5;;2
uA O R
ATTEST:
4
City Clerk
CONTRACT FOR THE COLLECTION OF
DELINQUENT TAXES
THE STATE OF TEXAS X
COUNTY OF WICHITA X
THIS CONTRACT is made and entered into by and between the CITY
OF WICHITA FALLS, a political subdivision of the State of Texas, on
behalf of itself and on behalf of the WICHITA FALLS INDEPENDENT
SCHOOL DISTRICT, a taxing authority whose taxes are collected by the
CITY OF WICHITA FALLS, acting by and through its governing body here-
inafter called First Party, and PERDUE, BRANDON, BLAIR & FIELDER,
Attorneys at Law, Fort Worth, Texas, or their duly authorized repre-
sentatives, hereinafter called Second Party.
I.
Excluding delinquent accounts of victims of natural disaster,
accounts with pending lawsuits and/or judgments against them, accounts
on which partial payment has been made on a regular bi-monthly basis
prior to the date of this agreement, 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 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 years be-
come 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 terms on the first day of
delinquency.
C. First Party reserves the right to review, approve, and
make the final decision as to whether or not to enforce by
suit any delinquent tax account turned over to Second Party
for collection.
II.
Second Party agrees to perform its duties and obligations here-
under in a manner that will conform to the provisions of the Texas
Property Tax Code and any and all rules heretofore or hereafter
promulgated by the State Property Tax Board.
collect any of the delinquent taxes , penalty and interest covered
by this contract which are not subject to the additional collec-
tion penalty as authorized by §33. 07 , Texas Property Tax Code,
Second Party agrees to recover on behalf of the First Party reason-
able attorney fees not to exceed fifteen (15%) percent of all such
delinquent taxes , penalty and interest.
VI.
First Party agrees to furnish to Second Party all data and
information as to the name, identity and location of necessary
parties and the legal description of property necessary to the
filing of any suit for taxes and to pay any expenses incurred in
obtaining same. Second Party agrees to recover on behalf of First
Party any such expenses so incurred in any suit for collection of
such taxes to the extent provided by law.
VII.
Second Party agrees to furnish a performance bond payable to
the First Party in the amount of $50 ,000. 00 executed by a solvent
surety company conditioned upon the specific performance of the
terms of this contract.
VIII.
This contract shall commence on the day of
19 and end when both parties mutually agree; provided, however,
that either party of this agreement shall have the right to termi-
nate 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
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.
This contract is executed on behalf of First Party by the pre-
siding officer of its governing body who is authorized to execute
this instrument by order heretofore passed and duly recorded in its
minutes.
III.
Second Party is to call to the attention of the collector or
other officials any errors , double assessments or other discrepan-
cies , including but not limited to all information pertaining to
changes of ownership and addresses , coming under his observation
during 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.
IV.
make progress reportsPartyagreestompgPorts to First Party
on request, and to advise and forward to First Party any information
pertaining to the identity of all taxpayers who are unable to pay
their delinquent taxes.
V.
First Party agrees to pay to Second Party as compensation for
services required hereunder fifteen (15%) 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: Fifteen (15%) percent of the total amount
of all delinquent taxes, penalty and interest which are actually
collected and paid to First Party' s Collector of Taxes; such com-
pensation 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 Property: Fifteen (15%) percent of the total amount of
all delinquent taxes, penalty and interest which are actually col-
lected and paid to First Party' s Collector of Taxes by the taxpayer
of the result of a forced sale of such real estate; such compensa-
tion 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.
Other taxes , including current taxes not subject to the addi-
tional collection penalty authorized by §33. 07 , Texas Property Tax
Code, 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 fifteen (15%) percent of any amounts
actually received by First Party.
Said Collector of Taxes shall pay over said compensation to
Second Party monthly by check. In the event suit is necessary to
WITNESS the signatures of all parties hereto in duplicate
originals this the day of A. D. 19
Wichita County, Texas.
PERDUE, BRANDON, BLAIR & FIELDER
Attorneys at Law
P. O. Box 8801
Fort Worth, Texas 76112
B,.i
CITY OF WICHITA FALLS
By
ATTEST:
Secretary