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HomeMy WebLinkAbout2004-120ORDINANCE NO. ADD AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LINEBARGER, GOGGAN, BLAIR, & SAMPSON, LLP AND GREGORY & CONNER P.C. TO INCREASE COMPENSATION FOR PROFESSIONAL SERVICES RELATED TO COLLECTION SERVICES FOR DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council entered into an agreement to engage Linebarger, Goggan, Blair, & Sampson, LLP and Gregory & Conner, P.C., to provide professional services pertaining to the collection of delinquent taxes on behalf of the City of Denton; and WHEREAS, the City finds it is in the public interest to increase the compensation for the provision of those services and that the agreement should be amended; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute an amendment to the Professional Services Agreement with Linebarger, Goggan, Blair, & Sampson, LLP and Gregory & Conner, P.C.; in substantially the form of the Amendment attached hereto and incorporated herewith by reference. SECTION 2: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 3: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the aS Ot�day of 12004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I� APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY SAOur Documents\Ordinances\04\Linebarger delinquent tax.doc AMENDMENT TO CONTRACT FOR THE COLLECTION OF DELINQUENT PROPERTY TAXES THIS AGREEMENT is made as of the date set forth below by and between the City of Denton (the "City") and the Law Firm of Linebarger, Goggan, Blair, & Sampson, LLP and the Law Firm of Greggb y _& Connor, P.C. (hereinafter referred to as "FIRM"). WHEREAS, on June 18, 2002 FIRM entered into that certain Agreement to provide services for the collection of delinquent property taxes. (the "Agreement"); and WHEREAS, the city has increased the penalty for collection pursuant to Tax Code Sec. 33.07 to 20% for taxes still delinquent upon July 1 of the tax year they become delinquent; and WHEREAS, the city desires to increase the compensation of the firm to reflect the increase in the penalty; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: Paragraph 9A of the contract shall add the following: Starting with taxes that become delinquent and remain delinquent on July 1, 2004 the percentage of compensation authorized by paragraph 9A shall be twenty percent. 2. Paragraph 13 of the contract shall add the following: Starting with any bankruptcy proceedings that are filed after the effective date of this amendment to the agreement, the fee allowed shall be twenty percent of the tax, interest and penalty actually collected. 3. All other terms and conditions contained in the Agreement that are not expressly amended or changed by this instrument shall remain in full force and effect. SIGNED as of the d Uhl( day of "Effective Date"). 2004 (the CITY OF DENTON, TEXAS B Michael A. Conduff, Ci ager Page 1 of 2 CN =mu and Sdupkh" mo&FP UC"S5 ASdWOT=Wo 1m ld Film`OU(CWwmOmmllo Gdumuan Vs �gllaiion �nnN tdu ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: jM141 4Dti, at APPR ED A TO LEGAL FORM: HERBERT L. PROUTY, CITY A.TTORNEY BY: � ��k Linebarger, Goggen, Blair, & Sampson, LLP BY: �e Gregory & Connor, P.C. BY: Page 2 of 2 C'.l unlmu and Shc'mp41" mouLPMLICANSLL at Shcn1pUwporm Inland FilmbLKCW mtlmmi mddmqunll= mllmumi uonaaadm