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1988-1112377L NO _ AN ORDINANCE APPROVING AN EXTENSION OF A CONTRACT BETWEEN THE CITY OF DENTON AND HEARD, GOGGAN, BLAIR, AND WILLIAMS, ATTORNEYS AT LAW FOR THE COLLECTION OF DELINQUENT TAXES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 1, 1986, the City of Denton executed a contract with Heard, Goggan, Blair, and Williams, Attorneys at Law, to provide for the collection of delinquent taxes, penalty, and interest, owed to the City of Denton, and WHEREAS, the term of the contract was from July 1, 1986 to June 30, 1988, and provided that the City had the option to renew and extend the contract for additional one-year increments, beginning July 1, 1988, and WHEREAS, the City Council wishes to exercise the option to extend the contract for an additional one year term, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is authorized to give notice to eard, Goggan, Blair, and Williams, Attorneys at Law, that the City of Denton is exercising its right to extend the term of the contract entered into between the parties on July 1, 1986, a copy of which is attached, for one additional year, the extended one year term to begin on July 1, 1988, and to end on June 30, 1989 SECTION III That this ordinance shall become effective imme iately upon its passage and approval PASSED AND APPROVED this the aIr` day of 1988 Y S P,~T' S, ~ OR ATTEST J R C S' A ?0VED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT is made and entered into by and between the CITY OF DENTON, acting herein by and through its governing body, hereinafter called First Party, and HEARD, OOOOAN, BLAIR, WILLIAMS & HARRISON, Attorneys at Law, hereinafter 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 DENTON, within the CITY OF DENTON owing to the CITY OF DENTON, 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 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 DM TM 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 Second Party shall undertake the collection of delinquent accounts for paving assessment liens, substandard housing demolition liens and weed liens The collection of these accounts shall be undertaken on the basis of attorney's fees assessed to and collected from the debtors First Party agrees to pay to Second Party as compensation all amounts received as attorney's fees on delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens VIII This contract is drawn to cover a period of two (2) years beginning July 1, 1986, and ending June 30, 1988 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 additional one-year increments commencing July 1, 1988 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 last date of the contract, 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 First Party shall be the sole judge of of the existence of cause for the purpose of this termination provision In case of such termination, Second Party shall be entitled to receive and retain all compensation due up to the date of said termination Ix 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 originals this, the day of DENTON COUNTY, Texas THE CITY OF DENTON parties hereto in triplicate AD 1986, HEM, GOMMi, BLAIB, ABAIS ON WILZH Thomas Ooggan ~ 1 ~ ! i I e i R i i ~ I ~ r I i i =