R-98-10-08-13E1 - 10/8/1998RESOLUTION NO. R- 98- 1008 -13E1
WHEREAS, the City of Round Rock desires to retain
professional services for the collection of delinquent taxes, and
WHEREAS, Linebarger Heard Goggan Blair Graham Pena & Sampson,
LLP has submitted a contract to provide said services, and
WHEREAS, the City Council desires to enter into said contract
with Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP, 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 Linebarger Heard Goggan Blair
Graham Pena & Sampson, LLP for the collection of delinquent taxes,
a copy of said contract being attached hereto and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 8th day of October, 1998.
( , 7
/71,1/ CHARLES CULP PPER, Mayor
EST: City of Round Rock, Texas
x \ weDOCS \gE50LDTi \eslsosel.WPD /scg
LAND, City Secretary
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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 LINEBARGER HEARD GOGGAN
BLAIR GRAHAM PE1VA & SAMPSON, LLP, 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.
Page 1 of 4
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.
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 8, 1998, and
ending October 7, 2001. 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 8, 2001 and October 8, 2004. 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 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.
Page 3 of 4
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.
CCTGPJCF'c. , 1998, WILLIAMSON COUNTY, TEXAS.
CITY OF ROUND ROCK:
BY:
CHARLES CULPE ER OLIVER S. HEARD, JR.
MAYOR PARTNER
Page 4 of 4
WITNESS the signatures of all parties hereto in triplicate originals this, the ' - day of
LINEBARGER HEARD GOGGAN BLAIR
GRAHAM PE1VA & SAMPSON, LLP:
BY: ✓ iIC2 `1I
DATE: October 2, 1998
SUBJECT: City Council Meeting, October 8, 1998
ITEM: 13. E. 1. Consider a resolution authorizing the Mayor to renew a
contract with Lineberger Heard Goggan Blair Graham Pena &
Sampson, Attorneys at Law, for the collection of delinquent
property taxes.
The contract employs Linebarger Heard ( "the firm ") to enforce by suit or
otherwise the collection of all delinquent taxes, penalty and interest on
behalf of the City. The current contract with the firm expired September
30, 1998 and this renewal would be for a 3 year term. The collection
process is funded by the 15% collection fee added to delinquent tax
accounts. Staff Resource Person: David Kautz, Finance Director.
Ms. Joanne Land
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Dear Joanne:
HEARD LINEBARGER GRAHAM GOGGAN
BLAIR PENA & SAMPSON, LLP
ATTORNEYS AT LAW
TOWER LIFE BUILDING
TENTH FLOOR
SAN ANTONIO, TEXAS 75205 -3171
(210) 225 -6783
FAX (210) 226-8410
November 16, 1998
q8 -/D I3E 1
Enclosed is an original signed copy of the contract to collect delinquent ad valorem taxes
for the City. On behalf of our firm, I want to extend our appreciation to you and other
representatives of the City for your continued confidence in our firm to collect the City's
delinquent taxes. We intend to do the best job possible for the City to ensure the maximum
recovery of delinquent tax receivables to provide municipal services that your citizens have come
to expect from the City. If there is a way we can better serve the City's needs, please do not
hesitate to give one of us a call.
CBW/
Enclosure
Kindest regards,
cc: Clif Douglas, Managing Partner (Firm)
Harold Putman, Partner (Firm)
Elaine Mika, Operations Manager (Firm)
Sincerely,
C-11
CARRI BAKER WELLS
Director of Public Relations
AUSTIN - DALLAS • FORT WORTH • HOUSTON NEW ORLEANS • PHILADELPHIA • SAN ANTONIO
BEAUMONT BROWNSVILLE • CONROE • CORPUS CHRISTI • CORSICANA • DENTON • EDINBURG • EL PASO
GREENVILLE • LAREDO ODESSA RICHMOND • SAN ANGELO • SHERMAN TYLER • WACO • THE WOODLANDS
Mayor
Charles Culpepper
Mayor Pro-tem
Robert Stluka
Coma Members
Earl M. Hairston
Rick Stewart
Earl Palmer
Martha Chavez
Jinvrry Joseph
Clty Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
October 28,1998
Mr. Oliver S. Heard, Jr., Partner
Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP
Tower Life Building
9th Floor
San Antonio, Texas 78205
Dear Mr. Heard:
The Round Rock City Council approved Resolution No. R- 98- 10- 08 -13E1 at
their regularly scheduled meeting on October 8, 1998. This resolution is in
regard to the agreement with Linebarger Heard Goggan Blair Graham Pena &
Sampson, LLP for the collection of delinquent taxes.
Enclosed is a copy of the resolution and three (3) original agreements for your
signature. Please return one signed original agreement to my attention at the
address above. If you have any questions, please do not hesitate to call.
Sincerely,
Enclosures
Zahrizti
oanne Land
Assistant City Manager
Fax: 512 -21S -7097
1- 800 - 735- 2989TDD 1500 - 7352988 Voice
www. ci. rowed -reek. tx. us
221 East Main Street
Round Rock. Texas 78664
512 -218 -5400