Loading...
R-95-09-28-10E - 9/28/1995Mayor Charles Culpepper Mayor Pro -tem Earl Palmer Council Members Robert Sttuka Rod Morgan Rick Stewarr Marsha Chace: Jimmy Joseph City Manager Robert L Bennett. Jr. City Attorney Stephan L Sheers October 24, 1995 Mr. Oliver S. Heard, Jr. Heard, Goggan, Blair & Williams 310 South St. Marys 10th Floor San Antonio, TX 78205 Dear Mr. Heard. THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512.255 -3612 Resolution No. R- 95- 09- 28 -10E was approved by the Round Rock City Council on September 28, 1995. Enclosed is a copy of the resolution and three original agreements for signatures. Please sign the agreements, retain one for your files and return two to the City of Round Rock. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures 7na�� ifo" Fax 512-255-6676 1-800-735-2989 (TDD) 1- 800 - 735 -2988 (Voice) °LIVERS. HEARD, SR. (1915 -1977) OLIVER S. HEARD, JR, THOMAS S. GOGGAN, 111 STEPHEN S. BLAIR JIM BLAIR LESLIE H. WILLIAMS, JR. BENNETTJ ROBERTS, JR. HAROLD D. PUTMAN, JR. LUPE ZAMARRIPA CLAYTON E. MAYFIELD STEPHEN T. MEEK5 OLIVER° E. CANALES DEM ETRIS A. SAM PSON GARY B. BENNETT Ms. Joanne Land Assistant City Manager The City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Ms. Land: Enclosures HEARD, GOGGAN, BLAIR & WILLIAMS ATTORNEYS AT LAW TOWER LIFE BUILDING TENTH FLOOR SAN ANTONIO, TEXAS 78205 -3171 1210) 225 -6763 FAX (210) 225 -6410 October 26, 1995 Enclosed please find the two signed original agreements which you mailed to us on October 24, 1995. Sincerely, Claudine Coleman Executive Secretary to OLIVER S. HEARD, JR. CLIFTON F. DOUGLASS, III H. ELIZABETH WELLER CHRISTOPHER L. PHILLIPPE REBECCA P. BUSTAMANTE MICHAEL W. DEEDS RICHARD A. STRI EBER KARL E. HAYS CORINNA STEELE EDWARD LOPEZ, J R. MARY A. BELAN DAVID G. LVOET SHARON NE OF RICHARD R. 01RSINGER GEORGEJ. PRAPPAS HOUSTON DALLAS AUSTIN FORT WORTH BROWNSVILLE 3555 TIMMON5 ALLIANZ FINANCIAL CENTRE 301 CON GRESS AVENUE OIL 6 GAS BLD., SUITE 1414 3505 BOCACHICA SUITE 800 732386745 NT. SUITE 1030 309W. 7TH ST. SUITE 160 HOUSTON, TEXAS 77027 DALLAS, TEXAS 75201 AUSTIN, 8701 FORT WORTH, TEXAS 76102 BRLLE, TEXAS 78521 7131624 -4300 4)880 -0009 478 -7- 772727 7 (817) 877-4589 (210)0) 544 - 544-2661 FA% 1713) 624-4343 FAX(214)754 - 7167 FA %(512)478 - 8150 645I6171877 -0601 FAX ,210)544 -3319 WHEREAS, the City Council wishes to retain attorneys to collect delinquent ad valorem taxes for the City of Round Rock, and WHEREAS, the law firms of Heard, Goggan, Blair & Williams and Sheets and Crossfield, P.C. have submitted a joint proposal to continue collecting the City's delinquent taxes, and WHEREAS, the Council wishes to accept the joint proposal of the two law firms, 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 and Sheets and Crossfield, P.C. for the collection of delinquent taxes, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of September, 1995. ATTEST: E LAND, Secretary K: \Re50LUTI \R550928E •WPD /kg RESOLUTION NO. R- 95- 09- 28 -10E war�/��g CHARLES CUMPER, Mayor City of Round Rock, Texas COUNTY OF WILLIAMSON § THE STATE OF TEXAS CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES 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 taxes and for whom it has authority to collect delinquent taxes or to enforce the collection of delinquent taxes, acting herein by and through its governing body, hereinafter called the "First Party" and HEARD, GOGGAN, BLAIR & WILLIAMS, and SHEETS AND CROSSFIELD, P C , Attorneys at Law, both Texas firms, hereinafter called "Second Party." I. Page 1 of 4 GA cf — 10E 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 Texas Tax Code Sec. 33.48 (Vernon 1992). 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. Page 2 of 4 VI. First Party agrees to pay to Second Party as compensation for services required hereunder fifteen percent (15 %) of the amount collected of all delinquent taxes, penalty, and interest in 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 three (3) years beginning October 1, 1995, and ending September 30, 1998. 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 three (3) year increments commencing October 1, 1998 and October 1, 2001. On termination of this contract, Second Party shall have an additional six (6) 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 Page 3 of 4 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, they day /Y 111a , 1995, WILLIAMSON COUNTY, TEXAS. CITY OF ROUND ROCK: BY: ���✓1 n� r MAYOR Page 4 of 4 HEARD, GOGGAN, BLAIR & WILLIAMS: BY: .7L .. ‘ OLIVER S. EARD, JR. PARTNER SHEETS ; CROSSFIELD, P.C. • BY: %on j . - -1 STEP AN L. SHEETS DATE: September 26, 1995 SUBJECT: City Council Meeting, September 28, 1995 ITEM: 10. E. Consider a resolution authorizing the Mayor to execute a contract with Heard, Goggan, Blair and Williams for the collection of delinquent taxes. STAFF RESOURCE PERSON: David Kautz STAFF RECOMMENDATION: The current contract for the collection of delinquent property taxes expires on September 30, 1995. Staff recommends that the Council retain the firm of Heard, Goggan, Blair and Williams to collect delinquent property taxes. The attached agreement is for a term of three years. The collection process is funded by the 15% collection fee added to delinquent tax accounts.