2004-120ORD CE NO. Y///-/2 F
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH L1NEBARGER, 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 PROVDING
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.
SECTION2: 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 ~ 0-~'~day of ~ , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documents\Ordinances\04\Lincbarger 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 thc Law Firm of Linebarger, Goggan, B,l, air, ,&,,Sampson, LLP and the
Law Firm of Gregj~ry/]& 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:
1. 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 pement.
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 ~)~]~ day of
,2004
(the
"Effective Date").
CITY OF DENTON, TEXAS
Michael A. Con~
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBER~~TTORNEY
BY: ~7
Linebarger, Goggen, Blair, & Sampson,
LLP
Gregory & Connor, P.C.
BY:
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