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 =