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R-87-1018 - 7/9/1987BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor be and is hereby authorized to execute a contract with Mauro, Wendler, Sheets, Blume and Gutow and Heard, Goggan, Blair, Williams & Harrison for the purpose of collecting delinquent taxes. RESOLVED this 9th day of July, 1987. ATTEST: rivRe) /r/-!,C/ J NNE LAND, City Secretary RESOLUTION NO. /6/42 MIKE ROBINSON, Mayor City of Round Rock, Texas OLIVER S. HEARD, SR 11915-19777 OLIVER 5, HEARD, JR. THOMAS 5. GOGGAN, 111 STEPHEN S. BLAIR JIM BLAIR LESLIE H. WILLIAMS, JR, W. 0. "BILL HARRISON HAROLD D. PUTMAN, JR HENRY C. MEYER LUPE ZAMARRIPA RICHARD R. ORSINGER Ms. JoAnn Land City Secretary City of Round Rock 214 E. Main Round Rock, Texas 78664 RE: Contract for the Collection of Delinquent Ad Valorem Taxes Dear Ms. Land: HEARD, GOGGAN, BLAIR; WILLIAMS & HARRISON ATTORNEYS AT LAW TOWER LIFE BUILDING TENTH FLOOR SAN ANTONIO, TEXAS 78205 (512) 225 -6763 August 12, 1987 OLIVERO E CANALES D. MARK BINDOCK JOHN J. H L. GARCIA LAWRENCE H BOWEN JAMES D STANTON REBECCA P BUSTAMANTE RICHARD A. STRIEBER TAMERA LEE KINNIE CHARLOTTE G. TRIPP RAYMOND R GRAY ALFREDO PADILLA Enclosed please find for filing in the official records for the City Council of the City of Round Rock, the executed Contract for Collection of Delinquent Taxes. This contract reflects an effective date of July 26, which is the next succeeding date after expiration of the former contract. By copy of this correspondence, I am furnishing copies of this contract to Mayor, Mike Robinson, City Manager, Robert Bennett, City Attorney, Don Wolf, and Steve Sheets, local counsel. Thank you for your assistance and attention to this matter. LFD:pW CC: HOUSTON 3150 CITICORP CENTER HOUSTON, TEXAS 77002 /7131 655 -9191 Mayor Mike Robinson City Mgr., Robert Bennett City Atty., Don Wolf Steve Sheets DALLAS ALLIANZ FINANCIAL CENTRE 2323 BRYAN 5T. DALLAS, TEXAS 75201 12141 880-0089 AUSTIN 930 LITTLEFIELD BLD. AUSTIN, TEXAS 78701 1512.1499-1481 Since i dl ItIr Lo -ell F. Dento WORTH FORT 603 EAST BELKNAP 51 FORT WORTH, TEXAS 76102 1817) 877 -4599 LAREDO 1015 JUAREZ SUITE 101 LAREDO, TEXAS 78040 15127723-1303 CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT is made and entered into by and between the CITY OF ROUND ROCK, on behalf of the CITY OF ROUND ROCK and on behalf of the collector of taxes for its taxing authorities and all authorities for whom it collects delinquent taxes, acting herein by and through its governing body, hereinafter called First Party, and the law firms of MAURO, WENDLER, SHEETS, BLUME & GUTOW, and HEARD, GOGGAN, BLAIR, WILLIAMS & HARRISON, Attorneys at Law, hereinafter collectively called Second Party. I. 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, on behalf of the CITY OF ROUND ROCK and on behalf of the collector of taxes for its taxing authorities and all authorities for whom it collects delinquent taxes, within the CITY OF ROUND ROCK, owing to the CITY OF ROUND ROCK and the units for which the CITY OF ROUND ROCK collects, provided current year taxes falling delinquent within the period of this contract shall become subject to its terms on the first day of July of the year in which the same shall become delinquent except that suits resolved before the first day of July must include current year delinquent taxes, which are also subject to the terms of this contract. II. Second Party is to call to the attention of the collector or other officials any errors, double assessments, or other dis- crepancies coming under their 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 geographical limits. III. First Party agrees to furnish computer readable delinquent tax data to Second Party on all property within the taxing jurisdiction. Second Party will furnish forms for said state- ments and will assume responsibility for having penalty and interest computed on statements before such statements are mailed to property owners. IV. Second Party agrees to file suit on and reduce to judgment and sale any property located within the CITY OF ROUND ROCK against which a tax lien would prevail provided, First Party will furnish the necessary data and information as to the name, identity, and location of the necessary parties, and legal description of the property to be sold. Second Party agrees to sue for recovery of the costs as court costs as provided by Tex. Prop. Tax Code Sec. 33.48 (Vernon 1979). V . Second Party agrees to make progress reports to First Party on request, and to advise First Party of all cases where investi- gation reveals taxpayers to be financially unable to pay their delinquent taxes. VI. First Party agrees to pay to Second Party as compensation for services required hereunder fifteen (15) percent of the amount collected of all delinquent taxes, penalty and interest of the years covered by 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 Second Party at the time payment of taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. VII. This contract is drawn to cover a period of two (2) years beginning July 26, 1987, and ending July 25, 1989. First Party shall have the option exercisable at any time that this contract is in force to renew and extend this contract on its identical terms for two (2) additional two year increments commencing July 26, 1989, and July 26, 1991. On termination of this contract, Second Party shall have an additional six months after termina- tion to reduce to judgment all suits filed prior to the date last mentioned, and provided further that Second Party shall handle to conclusion all suits in which trial court judgments are obtained during the period of this contract and which are appealed by any party. In consideration of the terms and compensation herein stated, Second Party hereby accepts said employment and under- takes the performance of this contract as above written. First Party shall have the right to sooner terminate this contract for cause, giving thirty (30) days' written notice of such intention, with a statement of the cause or reasons for such termination, after giving Second Party a reasonable opportunity of explaining or rectifying the same. In case of such termination, Second Party shall be entitled to receive and retain all compensation due up to the date of said termination. VIII. 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 of all parties hereto in triplicate originals this, the c; " day of ( / , AD 1987, WILLIAMSON COUNTY, TEXAS. CITY OF ROUND ROCK MAURO, WENDLER, SHEETS, BLUME & G TOW By: MIKE ROBINSON, MAYOR L. SHEETS HEARD, GOGGAN, BLAIR, WILLIAMS & HARRISON DATE: July 7, 1987 SUBJECT: Council Agenda, July 9, 1987 ITEM: 12D - Consider a resolution authorizing the Mayor to enter into an agreement for delinquent tax collection services. Attached is a proposal from Mauro, Wendler, Sheets, Blume & Gutow to collect delinquent taxes for the City of Round Rock. This service is now provided from another firm in Austin whose contract has expired. After reviewing Mauro, Wendlers qualifications, staff feels this firm can do an excellent job collecting taxes plus they have local representation for policy and procedure questions that may arise over the 3 year term of this new contract. The cost of this service is provided by a 15% fee levied on delinquent taxpayers as set out by state law. ** *The attached contract will be amended by Thursday to include Mauro, Wendler, sheets, Blume & Gutow. CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT is made and entered into by and between the CITY OF ROUND ROCK, on behalf of the CITY OF ROUND ROCK and on behalf of the collector of taxes for its taxing authorities and all authorities for whom it collects delinquent taxes, acting herein by and through its governing body, hereinafter called First Party, and the law firms of MAURO, WENDLER, SHEETS, BLUME & GUTOW, and HEARD, GOGGAN, BLAIR, WILLIAMS & HARRISON, Attorneys at Law, hereinafter collectively called Second Party. I. 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, on behalf of the CITY OF ROUND ROCK and on behalf of the collector of taxes for its taxing authorities and all authorities for whom it collects delinquent taxes, within the CITY OF ROUND ROCK, owing to the CITY OF ROUND ROCK and the units for which the CITY OF ROUND ROCK collects, provided current year taxes falling delinquent within the period of this contract shall become subject to its terms on the first day of July of the year in which the same shall become delinquent except that suits resolved before the first day of July must include current year delinquent taxes, which are also subject to the terms of this contract. II. Second Party is to call to the attention of the collector or other officials any errors, double assessments, or other dis- crepancies coming under their 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 geographical limits. III. First Party agrees to furnish computer readable delinquent tax data to Second Party on all property within the taxing jurisdiction. Second Party will furnish forms for said state- ments and will assume responsibility for having penalty and interest computed on statements before such statements are mailed to property owners. IV. Second Party agrees to file suit on and reduce to judgment and sale any property located within the CITY OF ROUND ROCK against which a tax lien would prevail provided, First Party will furnish the necessary data and information as to the name, identity, and location of the necessary parties, and legal description of the property to be sold. Second Party agrees to sue Tex. shall is in terms for recovery of the costs as court costs as provided by Prop. Tax Code Sec. 33.48 (Vernon 1979). V. Party agrees to make progress Second reports to First Party on request, and to advise First Party of all cases where investi- gation reveals taxpayers to be financially unable to pay their delinquent taxes. VI. First Party agrees to pay to Second Party as compensation for services required hereunder fifteen (15) percent of the amount collected of all delinquent taxes, penalty and interest of the years covered by 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 Second Party at the time payment of taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. VII. This contract is drawn to cover a period of two (2) years beginning July 26, 1987, and ending July 25, 1989. First Party have the option exercisable at any time that this contract force to renew and extend this contract on its identical for two (2) additional two year increments commencing July 26, 1989, and July 26, 1991. On termination of this contract, Second Party shall have an additional six months after termina- tion to reduce to judgment all suits filed prior to the date last mentioned, and provided further that Second Party shall handle to conclusion all suits in which trial court judgments are obtained during the period of this contract and which are appealed by any party. In consideration of the terms and compensation herein stated, Second Party hereby accepts said employment and under- takes the performance of this contract as above written. First Party shall have the right to sooner terminate this contract for cause, giving thirty (30) days' written notice of such intention, with a statement of the cause or reasons for such termination, after giving Second Party a reasonable opportunity of explaining or rectifying the same. In case of such termination, Second Party shall be entitled to receive and retain all compensation due up to the date of said termination. VIII. 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 of all parties hereto in triplicate originals this, the v day of WILLIAMSON COUNTY, TEXAS. CITY OF ROUND ROCK MAURO, WENDLER, SHEETS, BLUME & G'TOW By: / B J MIKE ROBINSON, MAYOR HEARD, GOGGAN, BLAIR, WILLIAMS & HARRISON STEP L. SHEETS , AD 1987,