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R-89-1341 - 9/28/1989ATTEST: J NNE C- RS09289A LAND, City Secretary RESOLUTION NO. /3 / I WHEREAS, it is necessary for the City of Round Rock to retain legal counsel to aid in the collection of delinquent taxes, and WHEREAS, Heard, Goggan, Blair & Williams has submitted a proposal to collect delinquent taxes in accordance with the contract attached as Exhibit "A" and made a part herein, and WHEREAS, the City Council desires to enter into a contract with Heard, Goggan, Blair & Williams, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a contract with Heard, Goggan, Blair & Williams to collect delinquent taxes due the City of Round Rock. RESOLVED this 28th day of September, 1989. MIKE ROBINSON, Mayor City of Round Rock, Texas 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 HEARD, GOGGAN, BLAIR & WILLIAMS, Attorneys at Law, and STEPHAN L. SHEETS & ASSOCIATES, Attorneys at Law, hereinafter called Second Party. 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 discrepancies 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 delinquent tax statements to Second Party on all property within the taxing jurisdiction. Second Party will furnish forms for said statements on request 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 investigation 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 - / (3) years beginning CC{oLer / , 19$7, and ending SepJen7ber 31? 19±a, 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 +wo (a) additional three (3) year increments commencing CC4ober / , 191X and CC -/ober- / , 199.5 On termination of this contract, Second Party shall have an additional six months after termination 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 undertakes 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 day of .r/( %f'h 64) , AD 1989, WILLIAMSON COUNTY, TEXAS. CITY OF ROUND ROCK BY WA-44-- HEARD, GOGGAN, BLAIR & WILLIAMS By: STEPHAN L. SHEETS & SSOCIATES By: �7.1?At o,t f . L. SH DATE: September 25, 1989 SUBJECT: Council Agenda, September 28, 1989 ITEM: 11A. Consider a resolution authorizing the Mayor to enter into a contract for the collection of delinquent taxes. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: Retain the firm of Heard, Goggan, Blair to continue the collection process of the City's delinquent ad valorem property taxes. The collection process is funded by the 15% collection fee added to delinquent tax accounts,