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2002-176
FILE REFERENCE FORM [ 2002-176 ] Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FH,~(S) Date Initials Amended by Ordinance No. 2004-120 04/20/04 )P- oRDIN c NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LINEBARGER, GOGGAN, BLAIR, PE~A & SAMPSON, LLP AND GREGORY & CONNER P.C. FOR PROFESSIONAL SERVICES RELATED TO COLLECTION SERVICES FOR DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (RFSP 2847) WHEREAS, the City Council deems that it is in the public interest to engage Linebarger, Goggan, Blair, Pefia & 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 staff has solicited, received and evaluated proposals according to the criteria set forth in the request; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with Linebarger, Goggan, Blair, Pefia &Sampson, LLP and Gregory & Conner, P.C.; in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of these firms and the demonstrated ability of these finns to perform the services needed by the City for a fair and reasonable price. SECTION3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /¢¢ day of ~.~ , 2002. EULINE BROCI~, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Doeuments\Ordinances\02\Linebarger delinquent tax RFP 2847.do¢ CONTRACT FOR THE COLLECTION OF DELINQUENT PROPERTY TAXES THE STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT is made and entered into by and between the City of Denton, 215 E. McKinney, Denton, Texas 76201 ("CITY"), acting herein by and through its govenfing body, and the Law Finu of Linebarger, Goggan, Blair, Pefia, & Sampson, LLP, Oil and Gas Bldg. Suite 1414, 309 W. 7th Street, Fort Worth, Texas 76102-5113 and the Law Firm of Gregory & Conner, P.C., 303 N. Carroll Boulevard, Suite 100, Denton, Texas. ( Hereinafter referred to as the "FIRM"). 1. EMPLOYMENT OF FIRM CITY agrees to employ and does hereby employ FIRM, as an independent contractor, and FIRM hereby agrees to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to CITY. Current year taxes which become delinquent within the period of this Contract shall become subject to the terms of the Contract upon the following conditions and FIRM shall perform the following services: A. Taxes that become delinquent during the term of this Contract, that are not delinquent for any prior years, become subject to the terms of this Contract on July 1st of the year in which they become delinquent. B. Taxes that become delinquent during the term of this Contract on property that is delinquent for prior years shall become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. C. FIRM shall begin collecting current year personal property taxes on March 1st of the year in which they become delinquent. CITY shall not owe FIRM a fee on the current year delinquent personal property taxes collected between March 1 st and June 30th unless attorney's fees are collected pursuant to Section 33.48 of the Texas Property Tax Code. D. FIRM shall perform all those services set forth in CITY's Request for Proposals ("RFP") dated April 25, 2002 and FIRM's response to the RFP dated May 13, 2002 which are attached hereto and made a part hereof respectively as Exhibits "A" and "B" as if written word for word herein, as well as all other services set forth in the Contract. E. If there is any conflict between the terms of this Contract and conditions of the attached exhibits, this Contract will control over the terms and conditions of the attached exhibits. FIRM hereby agrees to perform the services herein with dihgence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. Linebarger Contract page I 2 PROVISION OF INFORMATION CITY agrees to furnish ali necessary delinquent tax information to FIRM on afl property within the boundaries of CITY. 3 INVESTIGATION AND ASSISTANCE FIRM agrees to conduct investigations as to the address of each taxpayer and the location of the property where such information may be incorrect on the delinquent tax record. FIRM shall bring to the attention of the appropriate tax official of CITY any errors, double assessments, discrepancies, or inaccuracies in the information provided on the delinquent tax record detected by FIRM. FIRM further agrees to provide CITY with any advice or assistance in connection with updating the tax rolls. CITY shall make available to FIRM information which CITY may have with regard to the name, identity, location of necessary parties and descriptions of property in connection with each delinquent tax account upon request by FIRM. 4 PROCEDURES FOR COLLECTION Upon initial receipt of the delinquent tax records by FIRM in computer readable form, FIRM agrees to initiate procedures for the collection of the full amount due from each taxpayer. Within a reasonable time frame but not more than sixty (60) days from FIRM's receipt of the delinquent tax records, FIRM hereby agrees to send, by first class mall, a notice of delinquency to each and every delinquent taxpayer where the taxes have not been deferred nor involved in a lawsuit against the appraisal district to determine value, requesting said taxpayer to remit the full amount due and owing to CITY. 5 REVIEW AND AUTHORIZATION TO SUE Following transmittal of the notice of delinquency as specified hereinabove, FIRM will commence procedures in anticipation of litigation for aggressive pursuit of collection. CITY shall have absolute discretion over those accounts on which suit should be filed. The transmittal of the delinquent tax information to FIRM from CITY shall constitute authorization to file suit following the mailing of the initial notice of delinquency. Upon written notice, CITY may at any time withdraw authorization to file suit. CITY may at any time withdraw authorization to foreclose and sell the property and said withdrawal shall be in writing. 6 LITIGATION RESPONSIBILITIES A. FIRM agrees to commence litigation, prosecute, and reduce to judgment all delinquent accounts including all pending lawsuits that FIRM deems to warrant or on which CITY has specifically requested action in writing. Each suit filed shall seek: personal judgment against the individual taxpayer(s) for all taxes for which the taxpayer can be held personally liable, penalty and interest; foreclosure of any tax lien which may exist by operation of law; and any and ali court costs incurred in prosecuting the lawsuit, and any collection fees or attorney's fees which the taxpayer is obligated to pay. FIRM shall perform litigation responsibilities and protect CITY's legal remedies including appeals, preparation of any documents required, post-judgment activities, and any other actions necessary in order to collect the delinquent taxes. Linebarger Contract page 2 B. FIRM will assume the representation of CITY in all lawsuits, including all pending lawsuits, involving the collection of delinquent taxes and enforcement of the tax lien including, but not limited to bankruptcy litigation, claims and actions required to be filed with federal agencies such as FDIC, FSLIC and RTC, interventions in suits filed on behalf of any other taxing unit's current suits, and any other suit or litigation which may involve or relate to the collection of delinquent taxes. FIRM will inform CITY of any counterclaims or cross-actions filed against CITY. C. Upon request, provide legal advice and assistance to CITY in the acquisition of property pursuant to the Property Code for public purpose use. 7 TAXPAYER SERVICES In addition to litigation, FIRM further agrees to provide taxpayer service without charge. As such, FIRM agrees (1) to provide CITY tax collector legal advice and written opinions regarding tax matters upon request; (2) to respond to taxpayer inquiries and to advise CITY, in writing, or, and make any recommendations concerning installment payment agreements and settlement agreements proposed by the taxpayer. CITY shall have final determination in acceptance of all installment payments or settlement agreements within parameters established by CITY. FIRM shall have discretion to enter into installment agreements subject to CITY's prerogative of final determination. In all demand letters and all communications with taxpayers, FIRM shall inform and instruct the taxpayer to remit its payment to CITY. If remittance is received by FIRM, it must be transmitted in its entirety to CITY and received for processing by 11:30 a.m. of the following business day. Checks made payable to FIRM shall be endorsed by FIRM to CITY. No check, cash or money order for payment of delinquent taxes shall be deposited in any FIRM account. 8 PROGRESS REPORTS FIRM agrees to make delinquent tax collection progress reports to CITY monthly and quarterly, in a format containing information as requested by CITY's Assistant City Manager for Fiscal and Municipal Services. Progress reports may include, without limitation: 5. 6. 7. 8. 9. First demand letters mailed; Number and value of suits filed; Number and value of suits dismissed a. due to collection, b. other - specify reason; Number and value of judgments entered; Number and value of bankruptcies filed; Copies ofjudgrnents; Copies of proof of claims filed in bankruptcy court; Copies of Foreclosure Sale Deeds; and Number and value of delinquent accounts not collected as a percentage of total delinquent accounts provided by CITY for collection. Within parameters established at the initiation of the collection program, FIRM shall advise CITY of any case in which FIRM's investigation has revealed that the taxpayer cannot be found, the Linebarger Contract page 3 enforcement of the tax lien cmmot be accomplished, or further attempts at tax collection would be futile and FIRM's recommendation relative to the proper disposition of the case. In such cases, the CITY shall advise FIRM as to the appropriate disposition of the account. 9. COMPENSATION A. As compensation for the services rendered hereunder by FIRM, CITY hereby agrees to pay FIRM 15 percent (15%) of the total amount of ali delinquent taxes, penalty and interest for the tax years covered by this Contract as author/zed by §33.48(a)(5) of the Property Tax Code. All compensation set forth above shall become the property of FIRM at the time payment of taxes, penalty and interest are received by CITY. The 15 percent (15%) collection fee will only be paid on taxes which remain delinquent after July 1 of the year on which they became delinquent, pursuant to the Property Tax Code §33.07. Said collection fee will only be paid to FIRM after it has been received by CITY from taxpayer or fi.om forced sales. FIRM shall not be entitled to the aforesaid 15 percent (I5%) unless and until FIRM has taken some action in connection with recovering delinquent taxes. The transmittal of a notice of delinquency shall constitute sufficient action in order to entitled FIRM to the fee aforesaid. As compensation for the services rendered hereunder by FIRM for the collection of taxes which are not eligible for the additional penalty as author/zed by Property Tax Code §33.07 and upon which suit has been filed, the compensation shall be reasonable attorney's fees approved by the court and not exceeding fifteen percent (15%) of the total amount of taxes, penalties and interest due CITY. In no event shall FIRM be entitled to any fee unless and until CITY actually collects the delinquent taxes, penalty, interest, court costs or collection costs or attorney's fees fi.om the taxpayer or from the proceeds of a forced sale or foreclosure. In no event shall FIRM be entitled to any fee unless said fee is collected by CITY during the term of this Contract or fee is collected by CITY on account(s) upon which FIRM is attorney of record at the time of judgment. CITY shall pay said fees to FIRM by check monthly. No interest shall be accrued on any late payment. B. The compensation set forth in paragraphs 9 10 and 13 of this Contract shall be the total compensation due from CITY to FIRM for all services provided pursuant to this Contract and in no event shall FIRM seek any additional compensation fi.om CITY. 10. COLLECTION OF OTHER DELINQUENT ACCOUNTS FIRM shall, upon written request of City, 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 fi.om the debtors. CITY agrees to pay FIRM, as compensation, all amounts received as attorney's fees on delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens which are collected during the term of this Contract as a result of FIRM's collection efforts. 11. CONFLICTS OF INTEREST FIRM agrees not to represent any client who has an adversary position with the City of Denton, engage in any conflict of interest to fully comply with the Texas Disciplinary Rules of Professional Conduct (Subtitle G - Texas Govemraent Code) for the duration of this Contract. Linebarger Contract page 4 12. TERM This Contract shall have a term of three (3) years, beginning on July 1, 2002 and ending on June 30, 2005 This Contract may be extended for two additional one-year terms upon the CITY giving written notice to FIRM of its desire to continue this Contract at least thirty (30) days prior to the expiration of the initial three-year term, This Contract shall continue in full force and effect from month to month at the option of CITY, unless either party delivers written notice to the other party of its intent to terminate this Contract at least thirty (30) days prior to the date of the intended termination. FIRM shall have an additional six months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy claims filed prior to the termination date, and shall have the exclusive right to compensation of fees earned due to these suits during this six month period. CITY shall have the right to sooner terminate this Contract by giving thirty (30) days' written notice of such intention, or in the event of any of the events taking place under Section 33 Termination of Agreement". In case of such termination, FIRM shall be entitled to receive and retain all compensation due up to the date of said termination. Upon termination, FIRM shall immediately deliver all files in their entirety to CITY at no cost to CITY. 13. ATTORNEYtS FEES In eminent domain and other judicial proceedings, FIRM will be entitled to only those attorney's fees awarded by the court and then only if collected by CITY. In bankruptcy proceedings, FIRM shall be entitled to a fee of 15% of the tax, interest, and penalty actually collected by CITY. FIRM agrees to file and diligently pursue all claims on behalf of CITY in bankruptcy, eminent domain and other judicial or administrative proceedings whether federal or state in nature. 14. TAX WARRANTS Upon request and authorization of CITY, FIRM shall prepare and pursue the issuance of tax warrants. FIRM shall then coordinate the seizure of personal property pursuant to warrant and actually accompany the Tax Collector to the location of the personal property which is to be seized to insure the necessary procedures have been followed. 15. SETTLEMENTS No settlements or compromises of taxes, penalty or interest shall be effected where prohibited by law and where autborized by law, only upon approval by CITY. If a taxpayer requested waiver is upheld as provided by §33.011 of the Tax Code, FIRM will bear the costs of suit if it failed to notify the taxpayer of the delinquency prior to filing of the suit. 16. NOTICE Any notice or other written instrument required or permitted to be delivered pursuant to the terms of this Contract shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to CITY or FIRM, as the case may be, at the following addresses: Linebarger Contract page 5 CITY FIRM City of Denton, Texas ATTN: Assistant City Manager for Fiscal and Municipal Services 215 E. McKinney Denton, Texas 76201 Linebarger, Goggan, Blair, Pefia & Sampson, Attn: Stephen T. Meeks Oil & Gas Bldg., Suite 114 309 W. 7th Street Fort Worth, Texas 76102-5113 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mall, return receipt requested. 17 COLLECTION REQUIREMENTS FIRM agrees to collect, between July 1, 2002 and June 30, 2005, not less than sixty percent (60%) of the total dollar value of the adjusted base tax of the 2001 delinquency existing on July 1, 2002. FIRM agrees to collect, between July 1, 2003 and June 30, 2004, not less than sixty percent (60%) of the total dollar value of the adjusted base tax of the 2002 delinquency existing on July 1, 2003. FIRM agrees to collect, between July 1, 2004 and June 30, 2005, not less than sixty percent (60%) of the total dollar value of the adjusted base tax of the 2003 delinquency existing on July 1, 2005. Furthermore, should the CITY invoke the option to extend this contract beyond June 30, 2005 as prescribed in Section 12, then the FIRM agrees to collect between the July 1 and subsequent June 30 time period, for each year the contract is extended, not less than sixty percent (60%) of the total dollar value of the adjusted base tax from the most recent tax year of the delinquency existing on July 1 of each respective year. If FIRM does not collect the above referenced amount each year, it shall provide CITY with legal services, programming and computer services, or data processing equipment with a value not less than Ten Thousand Dollars ($10,000.00) or, at the option of CITY, FIRM shall pay CITY the sum of Ten Thousand Dollars ($10,000.00) on or before August 15 of the year it falls to collect the minimum amount specified herein. 18. VENUE The terms, obligations and requirements of this Contract shall be coustmed in accordance with the laws of the State of Texas. The obligations and requirements of the parties hereto are performable in Denton County, Texas. Any litigation involving this Contract shall be tried in a court of competent jurisdiction sitting in Denton County, Texas. 19. ACCEPTANCE OF EMPLOYMENT In consideration of the terms, covenants and mutual agreements hereinabove stated, FIRM hereby accepts the employment of CITY and undertakes the performance of this Contract as above stated. 20. DIRECTIVES All directives between FIRM and CITY shall be confirmed in writing. Linebarger Contract page 6 21. COVENANT NOT TO SUE FIRM further agrees not to bring any cause of action against CITY relative to this Contract. Should FIRM bring any cause of action against CITY, FIRM agrees the liquidated damages shall not exceed $1.00 and the filing of such cause of action shall be considered a material breach of this Contract. 22. AMBIGUITY Any ambiguity within this Contract shall be liberally interpreted in favor of CITY. 23. ASSIGNMENT The rigbts and responsibilities of CITY under this Contract may be assigned by the City Council to another governmental unit in Denton County without approval of FIRM. It is understood and agreed that this is a professional services contract and CITY is contracting for the unique services of FIRM. FIRM's rights and responsibilities under this Contract may not be assigned by FIRM to another law firm or collection agency without written approval of the assignment by the City Council. 24. INDEMNITY AGREEMENT The FIRM shall indemulfy and save and hold han-nless the CITY and its officers, agents, and employees from and against any and all Iiability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the neghgent acts or omissions of the FIRM or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Contract. Nothing in this Contract shall be construed to create a liability to any person who is not a party to this Contract, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Contract, including the defense of governmental immunity, which defenses are hereby expressly reserved. 25. INSURANCE During the performance of the services under this Contract, Fll~M shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. The Fll>dM shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified Linebargcr Contract page 7 without 30 days prior written notice to CITY and FIRM. In such event, the FIRM shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 26. EXHIBITS RFP #2847attached hereto as Exhibit "A" and the FIRM's response to the RFP attached hereto as Exhibit "B" are incorporated herein as if set forth at length and made a part hereof. The provisions of Exhibit "A" and Exhibit "B" shall set forth obligations and duties of the FIRM to the extent that they do not conflict with other provisions set forth in this Contract, which contractual provisions shall control. 27. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Contract by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Contract, involving one party's disagreement, may include the other party to the disagreement without the other's approval. 28. ENTIRE AGREEMENT This Contract, consisting of 11 pages and 2 exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. 29. COMPLIANCE WITH LAWS The FIRM shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 30. DISCRIMINATION PROHIBITED In performing the services required hereunder, the FIRM shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 31. PERSONNEL AND EQUIPMENT The FIRM represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Contract. Such personnel shall not be employees or officers off or have any contractual relations with the CITY. FIRM shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Contract. Linebarger Contract page 8 All services required hereunder will be performed by the FIRM or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. The FIRM represents that it has or will secure, at its own expense, the hardware, software, and other resources required to perform, in a timely manner, all the services required under the terms of this contract. 32. ASSIGNABILITY The FIRM shall not assign any interest in tiffs Contract, and shall not transfer any interest in this Contract (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. 33. TERMINATION OF AGREEMENT Notwithstanding any other provision of this Contract, either party may terminate by giving thirty (30) days advance written notice to the other party. This Contract may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Contract. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination. If the agreement is terminated prior to completion of the services to be provided hereunder, FIRM shall immediately cease all services and shall render a final bill for services to the CITY within 30 days aRer the date of termination. The CITY shall pay FIRM for all services properly rendered and satisfactorily performed and for reimbursable expenses to term/nation incurred pr/or to the date of termination, in accordance with Article 9 "Compensation". Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, F1RM shall cooperate in providing information. The FI1LM shall mm over all documents prepared or furnished by FIRM pursuant to tiffs Contract to the CITY on or before the date of termination, but may maintain copies of such documents for its use. 34. MODIFICATION No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ar/sing between the parties hereto out of or affecting tiffs Contract, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as herein set forth. Linebarger Contract page 9 35. INDEPENDENT CONTRACTOR FIRM shall provide services to CITY as an independent contractor, not as an employee of the CITY. FIRM shall not have or claim any right arising l~om employee status. 36. MISCELLANEOUS The following exhibits are attached to and made a part of this Contract: Exhibit "A" - Request for Proposals; Exhibit "B" -FIRM's proposal. FIRM agrees that CITY shall, until the expiration of three (3) years after the final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the FIRM involving transactions relating to this Contract. FIRM agrees that CITY shall have access during normal working hours to all necessary FIRM facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. CITY shall give FIRM reasonable advance notice of intended audits. For the purpose of this. Contract, the key persons who will perform most of this work hereunder shall be Debra Patton. However, nothing herein shall limit FIRM f~om using other qualified and competent members of its firm to perform the services required herein. FIRM shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof. In accomplishing the projects, FIRM shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. The CITY shall assist the FIRM by placing at the FIRM's disposal all available infonuation pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the FIRM to enter in or upon public and private property as required for the FIRM to perform services under this Contract. 37. TIME OF THE ESSENCE Time is of the essence with respect to all matters covered by this Contract. 38. CAPTIONS The captions appearing at the first of each numbered section are inserted and included solely for convenience and shall never be considered or given any effect in construing this Contract. This Contract is executed on behalf of CITY 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 and by a partner of FIRM who, by execution of this Contract, represents and warrants that he or she has the authority to execute this document on behaif of FIRM. Linebarger Contract page l 0 Lp ~SS the signature of all parties hereto in triplicate originals this the /~t~day of ,2002, Denton County, Texas. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Linebarger, Goggan, Blair, Pefia & Sampson, LLP Gregory & Conner, P.C. Linebarger Contractpage 11 Exhibit A DELINQUENT TAX COLLECTION ATTORNEYS RFSP # 2847 OPENING DATE: MAY 14, 2002 2:00 P.M., RFSP # 2847 CITY OF DENTON REQUEST FOR PROPOSALS FOR DELINQUENT TAX COLLECTION ATTORNEYS INTRODUCTION The City of Denton is seeking to hire legal counsel to collect delinquent taxes for all tax years. The City is seeking proposals from law fa-ms with experience in propcn'ty tax collections, and with adequate personnel and data processing capacity to process and collect the city's delinquent tax accounts. SCOPE OF SERVICES Tax collection attorneys will be responsible for the following duties and services: Preparing monthly status reports and updates on pending suits, judgments, foreclosures, installment agreements, and collection efforts. Preparing mad sending such notices to delinquent taxpayers as may be required by law or as may be advisable for the purpose of expediting collections. 3. Bringing lawsuits against delinquent taxpayers to foreclose tax lians and otherwise facilitate collection of delinquent taxes. Finn shall be responsible for filing of delinquent tax claims in bankruptcy proceedings; including claims and actions required to be fried with Federal agencies such as the FDIC: and consult with the City of Denton City Attorney's office on such matters. Advising the city on legal issues that ar/se in the process of delinquent tax collection. This includes legal support, advice, written opinions, and research upon request. Providing such additional services as the Denton City Council or the Treasury & Tax Manager may deem advisable to expedite the collection of delinquent taxes. Provide total and complete delinquent tax collection and coordinate these efforts with the City of Denton Tax Department. Firm will indennfify and hold the City harmless from any suits or liabilities that may result from the firm's delinquent tax collection activities. Provide all supplies, postage, court filing fees and all other costs necessary to handle billing and necessary mailings and obtain appropriate title research and relevant ownership records of all property upon which a suit is to be filed, at fu'ms expense. 9. Intervene in delinquent tax suits filed by Denton County and/or the Denton Independent School District, if applicable. 10. Only collect those groups or individuals accounts which the City of Denton determines in its discretion are to be collected by fn-m. S :prch~bicksp¢c/2847rfsp.doc 2 RFSP # 2847 EVALUATION OF YROPOSALS The city will make its selection based on an evaluation of all of the information provided. Completeness of/nformation sought will be an important factor in the evaluation process. Proposals will be evaluated by the city's staff, and the resulting selection will be presented to the City Council for approval. All proposals will remain confidential until an award is made by the city. By this request, the city has not committed itself to employ delinquent tax collection counsel nor does the suggested scope of services require that delinquent tax collection counsel be employed for any or all of those purposes. The city reserves the right to make those decisions after it receives ail proposals, and the city's decision on such matters is final. CRITERIA FOR SELECTION 40% Established history of maintaining performance goal, which is equal to, but not less than 60% of the total dollar value of the base taxes collected as of July 1 of each year. 20% Established history of expertise in delinquent tax collection field and organization's personnel expertise in ad valorem tax matters. 20% Delinquent tax collection services (i.e., work plan, taxpayer communications program, bankruptcy collection program, taxpayer assistance, tax suits, tax sales, tax seizures) 10% Ability to establish a Denton office or functional equivalent 10% Collection Technology (i.e., computer hardware/software, interaction with city's computer system, and technical support available to the city). TERiVIS This request, is for a contract term for three (3) years, beginning on July 1, 2002, and ending on June 30, 2005. The contract term may be extended for two additional one-year terms upon the City giving written notice to the awarded fmu of its desire to continue it service at least thirty (30) days prior to the expiration of the initial three-year tenn. The City may terminate contract for any reason, with or without cause, upon thirty (30) day's written notice to the finn. The City will allow fn-m an additional six (6) months to reduce to judgment all suits filed prior to the expiration of the contract. The Firm must provide for the orderly delivery of copies of all complete tax files to be turned over to the City Attorney when the contract is terminated. The Finn must have an established history of expertise in the delinquent tax collection field and is agreeable to the performance goal, which is equal to, but not less than 60% of the total dollar value of the base taxes collected as of July 1 of each year of the contract and can show established history of maintaining the performance goal. The City will pay the law fmu a fee not to exceed Sec. 33.07 of the Property Tax Code on all delinquent taxes, penalty and interest actually collected and paid the city during the term of this contract. The city shall pay said funds to the finn monthly by check. Finn will have, or will establish, a Denton office or functional eqnivalant by the date the delinquent accounts are turned over to firm, and will provide a 1-800 number, or other toll-free s~vice, to its main office. S:prcMoidspec/2847rf~p.doc 3 RFSP # 2847 SUBMISSION OF PROPOSALS Please submit three (3) copies of your proposal before 2:00 PM on the bid open'mR date in sealed envelopes to the following: City of Denton Purchasing Department 90J-B Texas Street Denton Texas, 76201 Attention: Tom Shaw, PurchasingAgent Proposals must be sealed and clearly marked: "RFP # 2847 PROPOSALS FOR DELINQUENT TAX COLLECTION ATTORNEYS". There is no expressed or implied obligation on the part of the city to reimburse responding firms for any expenses incurred in preparing proposals in response to the request. The following items must be included as part of your proposal: Cover Letter RFP number and tire Firm name, address, phone, and fax Signed and dated by authorized representative of firm Executive Summary Describe your organization's background and experience in delinquent tax collections. Please include years in the business. L/st loCal office(s) and resources Convey your organizations plan for conferring on a regular basis with the City of Denton City Council and the Treasury & Tax Manager Overview of proposed services to be offered based on the information attached. lB'. Delinquent tax collection services Proposed work plan Taxpayer communications program Address research and taxpayer location program Bankruptcy collection program Taxpayer assistance Include descriptions of the following processes: Tax Suits - process and pre-suit process Tax Sales - process Tax Seizures - process and samples if available IV. Describe your organization's personnel expertise in ad valorem tax matters: Specify the number of full-time employees for firm Specify the number of full-time attorneys employed by your firm Identify the personnel who would handle collections for the city Provide biographies of key management and attorneys Provide information concerning minority involvement regarding the work to be performed by your firm pursuant to this request. Indicate the ethnic makeup and the gender of your staff. Also indicate your compliance with EEOC regulations and guidelines. S:prehPoidspec/2847ffsp.doe 4 RFSP # 2847 V. Collection Technology · Describe the computer hardware and software used to collect delinquent taxes · Describe how it will interact with the city's computer system · Identify the law fn'm's technical personnel and tecl'mical support available to the city VI. References - Provide a complete list of past and current Texas clients. In addition, provide at least five references where delinquent tax collection services are provided to entities similar to the City of Denton. These references should include the name of the contact person, address, phone number, and a five-year summary of delinquent tax collections listed as a percent of base tax, excluding P&I, submitted to the finn for collection. VII. A.uy other information you consider germane to collection of delinquent taxes or this request. S:prcb/bidspec/2847ffsp.doc 5 RFSP # 2847 CONTRACT FOR 'rELE COLLECTION OF DELINQUENT PROPERTY TAXES THE STATE OF TEXAS § COUNTY OF DENTON § Denton, THIS CONTRACT is made and entered into by and between the City of Denton, 215 E. Mclrinney, . Texas 76201 ("CITY"), acting herein by and through it~ governing body, and · (.muvr% 1. EMI~LOYMENT OF FIRM CITY agrees to employ and does hereby employ FIRM, as an independent contractor, and FIRM hereby agrees to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to CITY. Oarent year taxes which become delinquent within the period of this Contract shall become subject to the terms of the Contract upon the following conditiom and FI/~i shall perform the following services: A. Taxes that become delinquent during the term of this Contract, that are not delinquent for any prior years, become subject to the terms of this Contract on July 1st of the year in which they become delinquent. B. Taxes that become delinquent during the term of this Contract on property that is delinquent for prior years shall become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. C. FIRM shall begiu collecting current year personal property taxes on March 1st of the year in which they become del/nquent. CITY shall not ow~ FIRM a fee on the current year delinquent personal property taxes collected between March 1st and June 30th unless attorney's fees are collected pursuant to Section 33.48 of the Texas Property Tax Code. D. FIRM shall perform all those services set forth in CITY's Request for Proposals ("RFP") dated ,2002 and FIRM's response to the RFP dated ,2002 which are attached hereto and made a part hereof respectively as Exb/bits '%" and "B" as ~f written word for word herei~ as well as ali other services set forth in the Contract. E. If there is any conflict between the terms of th/s Contract and conditions of the attached exhibits, this Contract will con~xol over the terms and conditions of the attached exJm'bits. FIRM hereby agrees to perform the services herein with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. 2 PROVISION OF INFORMATION CITY agrees to furnish all necassa~ delinquent tax information to FIRM on all property within thc boundaries of CITY. 3 INVESTIGATION AND ASSISTANCE FIRM agrees to conduct investigations as to the address of each taxpayer and the location of the property where such information may be incorrect on the delinquent tax record. FIRM shall bring to the attention of the appropriate tax official of CITY any errors, double assessments, discrepancies, or inaccuracies in the infoimation provided on the delinquent tax record detected by FIRM. FIRM further agrees to provide CITY with any advice or assistance in cormection with updating the tax rolls. CITY shall make avaflable to S:prcMdidspec/2847ffsp.doc 6 RFS? # 2847 F]I~VI inforlnafion which C;l'/'~' may have with regard to the name, identity, location of necessary parties and descriptions of property/n counection with each dehuquent tax account upon request by FIRM. 4 PROCEDURES FOR COLLECTION Upon initial receipt of the delinquent tax records by FIRM in computer readable form, FIRM agrees to initiate procedures for the collection of the full amount due from each taxpayer. Within a reasonable time frame but not more than sixty (60) days from FIKNf s receipt of the delinquent tax records, FIRM hereby agrees to send, by first class marl, a notice of delinquency to each and every delinquent taxpayer where the taxes have not been deferred nor involved in a lawsuit against the appraisal dis~ct to determine value, requesting said taxpayer to remit the full amount due and owing to CITY. 5 REVIEW AND AUTHORIZATION TO SUE Following transmit'mi of the notice of delinquency as specified hereinabove, FIRM will commence procedures in anticipation oflltigatian for aggressive pursuit of collection. CITY shall have absolute discretion over those accouuts on which suit should be filed. The transmittal of the delinquent mx information to FIKM from CITY shall constitute authorization to file suit following the mailing of the initial notice of delinquency. Upon written notice, CrfY may at any time withdraw authorization to file suit. CITY may at any time withdraw authorization to forecIose and selI the property and said withdrawal shallbe in Writing. 6 LITIGATION RESPONSIBILI'I'LES A. FIRM agrees to commence litigation, prosecute, and reduce to judgment all delinquent accounts including all pe~dlng lawsuits that FnLM deems to warrant or on which CITY has specifically requested action in writing. Each suit filed shall seek: personal judgment against the individual taxpayer(s) for all taxes for which the taxpayer can be held persomally liable, penal~y and interest; foreclosure of any ~ax lien which may exist by operation of law; and any and all court costs incurred in prosecuting the lawsuit, and any collection fees or attorney's fees which the taxpayer is obligated to pay. FIRM shall perform litigation responsibilities and protect CITY's legal remedies including appeals, preparation of any documents requited, post-judgment activities, and any other actions necessary in order to collect the delinquent taxes. B. FnLM will assume the representation of CITY in all lawsuits, including all pending lawsuits, involving the collection of delinquent taxes and enforcement of the tax lien including, but not 1Lmited to bankruptcy litigation, claims and actions required to be filed with federal agencies such as FDIC, FSLIC and RTC, iatervantiom in suits filed on behalf of any other taxing unifs current suits, and any other suit or htigation which may involve or relate to the collection of delinquent taxes. Fn~i will inform CITY of any counterclaims or cross-actions filed against CITY. C. Upon request, provide legal advice and assistance to CITY in the acquisition of property pursuant to the Property Code for public purpose use. 7 TAXPAYER SERVICES In addition to litigation, FIR.M further agrees to provide taxpayer service without charge. As such, F]~Z~ agrees (1) to provide (S1'1¥ tax collector legal advice and written opinions regarding tax matters upon request; (2) to respond to taxpayer inquiries and to advise CITY, in writing, or, and make any recommendations concerning installment payment agreements and settlement agreements proposed by the taxpayer. CITY shall have final determination in acceptance of all ins*aliment payments or settlement agreements within pasameters established by UITY'. F]I~Vi shall have discretion to enter into installmeut agreements subject to CITY's prerogative of ~al determination. In all demand letters and all communications with taxpayers, FIRM shall inform and instruct the taxpayer to remit its payment to CITY. If remitmuce is received by FIRM, it must be transmitted in its entirety to CITY and received for processing by 11:30 a.m. of the following business day. Checks made payable to FI~,2~i shall be endorsed by FIRM to CITY. No check, cash or money order for pay- ment of delinquent taxes shall be deposited in any FIP, M account. S:prcMoidspec/2847ffsp.doc 7 RFS? # 2847 8 PROGRESS R~PORTS FIRM agrees to make delinquent tax collection progress reports to CrI'Y monthly and quarterly, ~n a format containing information as requested by t;l'l'Y's Executive Director of Finance. Progress reports may include, without limitation: 5. 6. 7. 8. 9. First demand letters rna~led; Number and value of suits filed; Number and value of suits dismissed a. due to collection, b. other - specifyreason; Number and value of judgments entered; Number and value of bankruptcies filed; Copies of judgments; Copies of proof of claims filed in bankruptcy court; Copies of Foreclosure Sale Deeds; and lq~mher and value of delinquent accounts not collected as a percentage of total delinquent a~counts provided by CITY for conection. Within pasameters established at the initiation of the collection program, FIRM shall advise CITY of any case in which FIRM's investigation has revealed that the taxpayer cannot be found, the enforcement of the tax lien cannot be accomplished, or further attempts at ~ax collection would be futile and FI~vi's recommendation relative to the proper disposition of the case. Iu such cases, the CITY shall advise FIRM as to the appropriate disposition of the account. 9. COMPENSATION A. As compensation for the services rendered hereunder by FIRM, CITY hereby agrees to pay FIRM percent (__%) of the total amount of all delinquent rexes, penalty and interest for the mx years covered by this Contract as authorized by §33.48(a)(5) of the Property Tax Code. All compemation set forth above shall become the property of FIRM at the time payment of taxes, penalty and interest are received by CI'I'Y. The percent ( __%) collection fee will only be paid on taxes which rem~u delinquent after ~uly 1 of the year on which they became delinquent, pursnant to the ?roper~y Tax Code §33.07. Said collection fee will only be paid to FIKM a~ar it has been received by urrY rom taxpayer or fom forced sales. FIKM shall not be entitled to the aforesaid percent (~%) unless and until FIRM has taken some action in connection with recovering delinquent taxes. The t~ansmittul of a notice of delinquency shal~ constitute sufficient action in order to entitled FIKM to the fee aforesaid. As compensation for the services rendered hereunder by FIRM for the collection of taxes which are not ehgible for the additional penalty as authorlzed by Property Tax Code §33.07 and upon which suit has been filed, the compensation shall be reasonable attorney's fees approved by the court and not exceeding fi~een percent (15%) of the total amount of taxes, penalties and interest due CITY. In no event shall ~ be entitled to any fee unless and until CITY actually collects the delinquent taxes, penalty, interest, court costs or collection costs or at~ome3~s fees from ~e taxpayer or rom the proceeds of a forced sale or foreclosure. In no event shall FIRM be entilled to any fee unless said fee is collected by CITY during the term of this Contract or fee is collected by CITY on account(s) upon which ~ is attorney of record at the time of judgment. CITY shall pay said fees to FIRM by check monthly. No interest shall be accrued on any late payment. B. The compensation set forth in paragraphs 9 10 and 13 of this Contract .~hall be the total compensation due from CITY to FIRM for all sendces provided pursuant to ~ Contract and in no event shall FI~LM seek any additional compensation f~om CITY. S:prch/bidspec/2847ffsp.doc 8 RFS? # 2847 10. COLLECTION OF 0TI:[ER DELINQUENT ACCOUNTS F]ILM shsll~ upon w~tten request of City, undeaake the co~ecfion of de~quent acco~ for pa~ ~ses~nt ~e~, ~b~d ho~ d~o~fion ~, ~d weed he~. ~e co~ecfion of ~ese acco~ sh~ll be ~d~en on ~e b~is of a~ome~s fees ~sessed m ~d co~ected ~om ~e debtors. C~ a~e~ to pay F~, ~ co~emafio~ a~ ~om~ received m a~omeFs fees on de~quent acco~ for pamg ~ses~ent ~em, ~bs~d ho~g demo~fion ~em, ~d weed ~e~ w~eh ~e co,coted d~g ~e ~ of ~ Con, ct as a result ofF~s co~ecfion effom. 11. CONFLICTS OF I1NTEREST FIRM agrees not to represent any cheat who has an adversary position with the City of Denton, engage in any conflict of interest to fully comply with the Texas Disciplinary Rules of Professional Conduct (Subtitle G - Texas Government Code) for the duration of this Contract. Thls' Contract shaE have a term of three (3) years, beginning on ,2002 and end~ on __, 2005 This Contract may be extended for two additional one-year terms upon the CITY giving writ~an notice to FRLM of its desire to con~uue this Contract at least thL-ty (30) days prior to the expffation of the initial three-year ~m~ This Contract shall continue in full force and effect from month to month at the option of CITY, unless either party delivers wri~an notice to the other party of its intent to terminate this Contract at least they (30) days prior to the date of the intended termination. ~ shall have an additional six months to reduce to judgment and sale all ~ax collection lawsuits flied and collect all bankraptcy claim~ filed prior to the termination date, and shall have the exclusive right to compensation of fees earned due to these suits during this six month period. CITY shalI have the right to sooner terminate this Contract by giving thirty (30) days' written notice of such intention, or in the event of any of the events taking place under Section 33 Termination of Agreement". In case of such termination, FIRM shall be entitled to receive and retain all compensation due up to the date of said termination. Upon termination, FIRM shall immediately deliver all files in their entirety to CITY at no cost to L;H'¥. 13. ATTORNEY'S FEES In eminent domain and other judicial proceedings, FIRM will be entitled to only those attorney's fees awarded by the court and than only if collected by CITY. In bankruptcy proceedings, FIRM shall be entitled to a fee of 15% of the tax, interest, and penalty actually collected by CITY. FIRM agrees to file and diligently pursue all chinas on behalf of C1TY in bankruptcy, ~xnlnent domain and other judicial or a~rainlstrative proceedings whether federal or state in nature. 14. TAX WARRANTS Upon request and authorization of ur I'Y, FIRM ~hall prepare and pursue the issuance of tax wan-ants. FIRM shall then coordinate the so,are of personal property puxsuant to warrant and actualIy accompany the Tax Collector to the location of the personal property which is to be seized to insure the necessary procedures have been followed. 15. SETTLEMENTS No settlements or compromises of taxes, penalty or interest shall be effected where prohibited by law and where authorized by law, only upon approval by CITY. If a taxpayer requested waiver is upheld as provided by §33.011 of the Tax Code, FIRM v~l bear the costs of suit if it failed to notLCy the taxpayer of the delinquency prior to ~llng of the suit. S ~rch/bidspec/2847ffsp.doc 9 RFSP # 2847 16. NOTICE Any notice or other written instrnmertt required or pem~itted to be delivered pursuant to the terms of ~ Contract shall be deemed to have been delivered, whether actually received or not, when deposited in the Umted States mail, postage prepaid, registered or certified, return receipt requested, addressed to CITY or FIRM, as the case may be, at the following addresses: City of Denton, Texas ATrN: Assistant City Mamger Fiscal & Municipal Senqces 215 E. McKinuey Denton, TX 76201 Either party may change its 'mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 17 COI.I~I*,CTION REQUIREMENTS FIRM agrees to collect, between July 1, 2002 and June 30, 2005, not less than sixty percent (60%) of the total dollar value of the adjusted base tax of the 2001 delinquency existiag on July 1, 2002. FIRM agrees to collect, between July I, 2003 end June 30, 2004, not less th~,~ sixty percent (60%) of the total dollar value of the adjustellbase tax of the 2002 delinquency existing on July 1, 2003. FISLM agrees to collect, between July 1, 2004 and Sune 30, 2005, not less than sixty percent (60%) of the total dollar value of the adjusted base tax of the 2003 delinquency existing on July 1, 2005. Furthermore, should the CITY invoke the option to extend this coatract beyond Ju~e 30, 2005 as prescn~oed in Section 12, then the FIRM agrees to collect between the July 1 and subsequent June 30 time period, for each year the contract is extended, not less than sixty percent (60%) of the total dollar value of the adjusted base t~x from the most recent tax year of the delinquency existing on July 1 of each respective year. If FIRM does not collect the above referenced amount each year, it shallprovide UIT¥ with legal services, programming and computer se~wices, or data processing equipment with a value not less fhan Seven Thousand Five Hundred Dollars ($10,000.00) or, at the option of CITY, FIIOdVi shall pay CITY the sum of Seven Thousand Five Hundred Dollars ($10,000.00) on or befure August 15 of the year it fails to collect the min~rmlm amount specified herein. The temas, obligatiom a~d requ/remonts of this Contract shall be construed in accordance with the laws of the State of Texas. The obligations and requirements of the parties hereto are performable in Denton County, Texas. Any litigation involving this Contract shall be tried in a cour~ of competent jurisdiction sitting ia Denton County, Texas. 19. ACCEPTANCE OF EMPLOYMENT In consideration of the terms, covenants mad mutual agreements herffmabove stated, FIRM hereby accepts the employment of CITY and undertakes the performance of rids Contract as above stated. 20. D]ffiECTIVES All direclives between FIRM and CITY shah be corrfirmed in writing. S:prch/bidspec/2847rfsp.doc 10 RFSP # 2847 21. COVENANT NOT TO SUE FIRM further agrees not to bring any cause of action against CI'I.'~ relative to this Contract. Should FIRM bring any cause of action against CITY, FIRM agrees the liquidated damages shall not exceed $1.00 and the filing of such cause of action shall be considered a material breach of this Contract. 22. AMBIGUITY Any ambiguity within this Contract shall be liberally interpreted in favor of (Si'I'Y. 23. ASSIGNMENT The fights and respous~ilities of c[fY under this Contract may be assigned by the City Council to another governmental unit in Denton County without approval of FIRM. It is understood end agreed that ~ is a professional services cunlract and CITY is contracting for the unique services of FIRM. FIRM's rights and responsibilities under this Cuntract may not be assigned by FIRM to another law firm or collection agency v~thout written approval of the assignment by the City Counc/1. 24. INDEMNITY AGREEMENT The FIRM shall indemnify and save and hold harmless the CITY' and its officers, agents, and employees fi:om and agaimt any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the FIKM or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Contract. Nothing in this Contract nhall be coustrued to create a liability to any person who is not a party to this Contract, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation flied by anyone not a party to this Contract, including the defense of governmental imm~ulity, which defenses are hereby expressly reserved. 25. INSURANCE During the performance of the services under this Contract, FIRM shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance C¢,,-~uinsion or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: Plofessiollal Liability Insurance with limits of not less than $i,000,000 annual aggregate. The FIRM shall furaish/nsurance certificates or insurance policies at the {21'l'Y"s request to evidence such coverages. The insurance policies shall name the C;I'I'Y' as an additional insured on ail such policies, and slmll contain a provision that such insurance shall not be canceled or modified without 30 days pilot written notice to CITY and FZRM. In such event, the ~ shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 26. EX m ulTS RFP # 2847 attached hereto as Exln'bit "A" and the FIRMYs response to the RFP attached hereto as Exhibit "B" are incorporated herein as ff set ferth at length and made a part hereof. The provisions of Exln'oit "A" and Bxln~oit "B" shall set forth obligations and duties of the ~ to the extent that they do not conflict with other provisions set forth/n tl~ Contract, which contractual provisions shall control. S:prch/bidspec/2847ffsp.doc 11 RFS? # 2847 27. ARBITRATION AND ALTERNATE DISPIJ'I~ RESOLUTION The parties may agree to settle any disputes under this Contract by submitting the dispute to arbitratiun or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Contract, involving one part,rs disagreement, may include the other party to the disagreement without the other's approval. 28. ENTIRE AGREEMENT This Contract, consisting of__ pages and 2 exhi~bits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representafiom, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. 29. COMPLIANCE Wrrtt LAWS Tha FIRM shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinat~er be amended. 30, DISCRIMINATION PROHIBrfED In performing the services required hereunder, the FIRM shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 31. PERSONNEL AND EQUIPMENT The FIRM represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Conlract. Such persom~el shall not be employees or officers of, or have any conWacmal relations with the CITY. FIRM shall kfform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Contract. All services required hereunder will be performed by the FIRM or under its supervision. A/1 personaal engaged in work shall be q~mlified, and. shall be authorized and permitted under state and local laws to perform such services. The FIRM represents that it has or wiil secure, at its own expense, the hardware, sofmrare, and other resources required to perform, in a timely ma.net, all the services required under the terms of this conWact. 32. ASSIGNABILITY The FIRM shall not assign any interest in this Conttact, and shall not transfer any interest in this Con~act (whether by aesignmeut, novation, or otherwise) without the prior written consent of the CITY'. 33. TERMINATION OF AGREEMlgNT Notwitl~tanding any other prov/sion of this Contract, either party may terminate by giving thirty (30) days advance written notice to the other party. ~ Con~ract may be terminated in whole or in part in the event of either party substantially failing to ~iflfill its obligations under this Contract. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate S:prchfoidspec/2847rfsp.doc 12 RFS? # 2847 and setting forth the reasons specifying the nonperformance, and not less than 30 calendar days to cure the failure, and (2) au opportunity for consultation with the terminating party prior to termination. If the agreement is terminated prior to completion of the services to be provided hereunder, FIRM shall immediately cease all services and shall render a final bill for services to the CITY w/thin 30 days after the date of termination. The UITY' shall pay ~ for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 9 "Compensation". Should the 121'1'~' subsequently contract with a new consultant for the continuation of services on the Project, FIRM shall cooperate in providing information. The FIRM shall turn over all documents prepared or furnished by FIRM pursuant to this Contract to the CITY on or before the date of termination, but may maintain copies of such documents for its use. 34. MODnelCATION No waiver or modification of this Contract or of any covenant, condition, or limitation here/n contained ~hall be valid unless in wrifng and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting tiffs Contract, or the rights or obligafiom of the parties hereunder, and unless such wafver oi modification is in writing and duly executed; and the parties furtt/er agree that the provisions of this section will not be waived unless as herein set forth. 35. KNDEPENDENT CONTRACTOR FIRM shall provide services to CITY as an independent contractor, not as an employee of the CITY. FIRM shall not have or claim any right arising t~om employee status. 36. MISCELLANEOUS The following exin~oits are attached to and made a part of this Contract: Exlm'bit "A" - Request for Proposals; Exl~'bit "B" -FIPdM's proposal. FIRM agrees that CITY shall, until the expiration of three (3) years after the final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the FIRM involving tramactlona relating to th.ia Contract. FI1LM agrees that CI'I~r shall have access during normal working hours to all necessary FIRM facilities and shall be provided adequate and appropriate woridug space in order to conduct audits in compliance with this section. (21'1¥ shall give ~ reasonable advance notice of intended audits. For the purpose of this Contract, the key persons who will perform most of this work hereunder shall be Debra Patton. However, nothing herein shall limit FIRM from using other qnali~iBd and competent members of its firm to perform the services required here~. FIRM shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, efficient manner and in accordance with thc provisions hereof. In accomplistfing the projects, FIRM shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by thc Crl'Y. The CITY shall assist the FI1LM by placing at the FIRM's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access theretn, and make all provisions for the FIRM to enter in or upon public and private property as required for the ~ to perform services under this Contract. 37. TIiVIE OF TI-IJ~ ESSENCE Time is of the essence with respect to all matters covered by this Contract. S :prcMuldepec/2847ffsp.doc 13 RFSP # 2847 38. CAPTIONS The captions appearing at the first of each numbered section are i~serted and included solely for convenience and shall uever be considered or given any effect in constnfing this Contract This Contract is executed on behalf of c1'1¥ 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 and by a partner of FIRM who, by execution of this Contract, represents and warrants that he or she has the authority to execute ~ docuraent on behalf of FIRM. WITNESS the signature of all parties hereto in triplicate origiuais this the day of ,2002, Denton County, Texas. (31'1¥ OF DENTON, TEXAS ELrLINE BROCK, MAYOR A~I'IEST: JENNIFER WALTERS, crfY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PKOUTY, CITY ATTORNEY BY: (Name of Finn) BY: (Name and Title of Signer) S:prcb/bidspcc/2847rfsp.doc 14 Exhibit B Denton Proposal for Delinquent Tax Collection Attorneys RFSP # 2847 May 14, 2002, 2:00 P.M. 309 W. 7ta Street, Oil & Gas Bldg., Suite 1414, Fort Worth, Texas 76102-5113 * (817) 877-4589 303 N. Carroll Blvd., Suite I00, Denton, Texas 76201 * (940) 387-1600 LINEBARGER GOGGAN BLAIR'PEIr, TA & SAMPSON, LLP ATrO~YS AT L~W Oil & Gas Bldg., Suite 1414 309 W. 7th Street Fort Worth, Texas 76102-5113 (817) 877-4589 or (800) 262-9271 FAX (817) 877-0601 or (940) 458-4353 May13,2002 City of Denton Purchasing Department 901-B Texas Street Denton, Texas 76201 Attn.: Mr. Tom Shaw, Purchasing Agent Re: RFP #2847 PROPOSAL FOR DELINQUENT TAX COLLECTION ATTORNEY Dear Mr. Shaw: On behalf ofLinebarger Goggan Blair Pefia & Sampson, LLP (Linebarger Goggan) and Gregory & Conner, P.C. we are pleased to submit our proposal to the City of Denton for the renewal of our contract to provide ad valorem tax collection services. Our firm represented the City of Denton from 1986 to 1992, after which the firms ofMcCreary Veselka Bragg & Allen and Hayes Coffey & Berry were awarded the contract for 5 years. After comparing the performance of the two law firms, the City rehired our law firm in 1997. I have personally supervised our City of Denton collection program since 1997 and look forward to the opportunity to continue to represent the City. I can assure you our program for the City of Denton has remained one of the best overall programs statewide, with our delinquent tax collection percentage rate reaching an all time high this past year. Linebarger Goggan and Mike Gregory have collected taxes for various taxing entities within Denton County and been a part of the Denton community since 1986. We are uniquely positioned to offer the City of Denton the most effective delinquent tax collection program available, as we also represent Dallas County, Tarrant County, Grayson County, Rockwall County, Wise County and hundreds of other taxing jurisdictious throughout North Texas. Our established local office, our Fort Worth and Dallas support offices, and our on-site personnel, allow us to coramit substantial · resources to the collection effort for your City. Debbie Patton represents us on-site by coordinating our efforts with the City of Denton and the Denton County Courts, as well as working as a liaison for the City of Denton with the Denton County Tax Office. Linebarger Goggan represents over 1,650 cities, counties, school districts, appraisal districts and ' special districts throughout Texas. We are the largest delinquent tax collection f'n-m in the state and employ over 70 attorneys and more than 700 support staff in 26 offices throughout Texas. Our dedicated staff can find delinquent taxpayers wherever they move, handle complex litigation and Page 2 d!fficult bankruptcy cases, provide taxpayer ass/stance and work directly with your tax office staffto resolve issues the City of Denton may encounter. Because we have such a large network of clients and staffstatewide, the City of Denton benefits from collection strategies and ideas that have proven successful in other areas. We are quite proud that this past year, the U.S. Conference of Mayors awarded our law finn and the City of Dallas the Award of Excellence in Public/Private Parmerships for our delinquent tax collection program. Our proposal tells our story in detail. We are proud of the effective program, that together with the City of Denton, we have built. Highlights of our successful program include: · Collecting $1,627,559 in delinquent base tax, penalties, interest and attorney fees for the City of Denton since 1997. We have collected $254,012 of the Current year receivable during the first ten months of this year's collection cycle, which represents a 42% increase over our prior year collections of $178,919 for the same time period. Last year, we collected 75.45% of the most recent year delinquent taxes tamed over to our law faro for collections. This represents our "best ever performance" for the City of Denton. · Filing suits involving 325 properties for approximately $300,000 in delinquent taxes, penalties and interest during the previous two years. · Conducting on-site visits to delinquent business personal property accounts. · Issuing Orders of Sale and Writs of Execution only in those cases where we were unable to resolve the lawsuit in any other manner. · Working with each taxpayer individually, if necessary, to establish an installment payment schedule they can afford, without causing undue hardship. · Acting as liaison between the City of Denton Tax Office and the Denton County Tax Office to resolve issues involving tax certificates on mobile homes. · Providing address research for the tax office to assist them in maintaining ahigh current tax collection rate. · Protecting the City's interests in 131 bankruptcy accounts totaling over $200,000 and negotiating large bankruptcy settlements, such as the Montgomery Wards case. Page Our Denton Court ,ty and North Texas Presence Linebarger Goggan is pleased to be affiliated with the Denton law firm of Gregory & Conner, P.C. This Denton law firm has assisted Linebarger Goggan with our contracts in Denton County since 1986. Mr. Gregory has continually practiced law in Denton since 1974 and maintains his own law office at 303 North Carroll Boulevard, Suite 100. As a former Denton ISD Trustee and an active member of the Denton County community, Mr. Gregory's assistance in our collection effort significantly enhances our program. Since the beginning of our service to Denton taxing jurisdictions, Mr. Gregory has assisted Linebarger Goggan by acting as a liaison with local officials and in our litigation of tax cases. Mr. Gregory is directly involved with our collection program by sharing responsibility for litigating the city's tax cases with Linebarger Goggan attorneys. His partner, Charla Conner, assists him in these efforts. Linebarger Goggan provides delinquent tax collection services to hundreds of clients throughout North Texas through our Fort Worth and Dallas offices. We have maintained an office in Fort Worth since 1982 that employs a staff of 25 attorneys, collectors and litigation specialists. Dallas employs 65 tax professionals and has served the City of Dallas, Dallas ISD, Dallas County and numerous other clients within Dallas County since 1983. Both offices have an excellent reputation for maximizing the delinquent tax revenue for their clients. Key individuals from both offices support our City of Denton collection efforts. Deborah Patton, our Denton County Coordinator, handles our day-to-day collection and litigation activities on-site in Denton County. Approach to Collections Together, Linebarger Ooggan and Gregory & Conner, P.C., have customized our collection program to fit the individual needs of the City of Denton. We are uniquely positioned to offer the City of Denton the most effective delinquent tax collection program available while employing multiple collection strategies to maximize your revenue. We offer a comprehensive delinquent tax collection program that has proven highly effective. Our success is largely attributable to the extent of personal and professional attention we expend in our collection and litigation efforts. The City of Denton can be assured that Linebarger Goggan has in the past and will continue to treat your taxpayers with the highest level of courtesy, while at the same time providing highly effective collection services. Linebarger Goggan's delinquent tax collection program is unsurpassed. Our performance is proven and predictable. Our proposal is unique in that it offers the City of Denton many factors and benefits that cannot be matched by our competitors including: Our affiliation with Gregory & Conner, P.C. as local counsel for the City of Denton } Our proven performance, collection results and knowledge of City of Denton tax issues Page 4 Our historical track record of improving collections Our comprehensive collection program which emphasizes locating,and contacting delinquent taxpayers prior to the filing of lawsuits Our statewide bankruptcy representation Our use of technology to support our collection efforts Our ability to provide legislative support Our local involvement and participation in the Denton community Our commitment to minority and women ownership and participation We would consider it a pleasure to continue to represent the City of Denton. Our law fn-m is committed to continuing to provide a delinquent tax collection program that maximizes your c611ections and serves as a model for other cities statewide. We share your-goal of providing the City of Denton taxpayers with the best services available and we will continue to strive to help you fulfill that obligation. We look forward to discussing our proposal with you. Thank you for your consideration. Respectfully, Partner Table of Contents Executive Summary Linebarger Goggan Background ................................................................... 1 Overview of Services Proposed for Collecting Delinquent Taxes for the City of Denton ............................................................................................ 1 Local Offices & Legal Resources ....................................................... 2 Services Proposed for the City of Denton .......................................... 4 Additional Services Provided ............................................................. 5 Conclusion .................................................................................................... 6 II, Collection Services Level of Expertise ......................................................................................... Professional Recognition .............................................................................. 1 Collection Program ....................................................................... , ............... 2 Proposed City of Denton Work Plan .................................................. 2 Taxpayer Communications Program ................................................. 4 Address Research / Taxpayer Location Program .............................. 6 Bankruptcy Representation .......................................................................... 7 National Bankruptcy Services ................................................ , ........... 8 Taxpayer Assistance Program ............................................................. . ...... 12 Information Brochures ...................................................................... 12 Call Center ....................................................................................... 12 Correspondence .............................................................................. 13 Hardships ......................................................................................... 13 Other Taxpayer Services ................................................................. 13 Payment Agreements ...................................................................... 14 Litigation Tax Sales & Seizures .................................................................. 14 Litigation Process ............................................................................ 14 Foreclosure Marketing Program ...................................................... 18 Procedures for Tax Re-sale Properties ............................................ 21 Business Personal Property Collections .......................................... 21 Personnel Expertise Proposed City of Denton Collection Management Team .............................. 1 The City of Denton Collection Support Team ............................................... 1 The City of Denton Specialized Collection Teams ........................................ 2 Central Support Group ................................................................................. 3 Biographies ................................................................................................... 3 The Linebarger Goggan Affirmative Action Policy....-. ................................... 6 Linebarger Goggan Blair Pe~a & Sampson, LLP in Arsociation with Gregory & Conner, P.C. © 2002 Executive Summary The law fn-m of Linebarger Goggan Blair Pefia & Sampson, LLP (Linebarger Goggan) in association with Gregory & Conner, P.C. (Gregory & Conner) is pleased to submit this proposal to continue providing delinquent tax collection services for the City of Denton (City). The team of Gregory & Conner and Linebarger Goggan offers the City our national and local expertise and award winning experience in the collection of delinquent taxes. Our fn-ms know and understand the collection of delinquent property taxes and offer turnkey collection programs. Together, we offer the City a unique, comprehensive set of services and a partnership that will maximize the revenue collected for the City of Denton. LINEBARGER GOGGAN BACKGROUND Linebarger Goggan has 26 offices-in Texas and over 700 support-personnel; including · more than 70 attorneys who practice ad valorem tax law exclusively. We pride ourselves on' a thorough, professional understtmding of property tax law at every level. Our attorneys and staff are committed to meticulous attention to detail throughout the collection process, whether examining records in the tax office, prosecuting lawsuits in the courtroom, or appearing before governing bodies to report the results of our efforts. Our law ftrm provides full-service property tax representation to more than 1,650 taxing entities statewide, including 112 Texas counties, 492 Texas school districts and the Cities of Houston, Dallas, E1 Paso, and San Antonio. In our 25 years of collecting delinquent taxes, we have developed proprietary collection software program~ that integrate mass and specialized mailings, telecommunications, address and ownership research, traditional trial advocacy, and post judgment enforcement using advanced computer technologies. Our fn'm has invested more than $25 million in data processing and digital communications technologies for the sole purpose of collecting government receivables. OVERVIEW OF SERVICES PROPOSED FOR COLLECTING DELINQUENT TAXES FOR THE CITY OF DENTON Linebarger Goggan in association with Gregory & Conner proposes a contract renewal with the City of Denton (the city) to provide a comprehensive delinquent tax collection program. While the formula for collecting delinquent taxes is standardized, every client has different situations and needs. The services listed on the following pages are offered to the City of Denton, to address the City's RFP requirements. We will be glad to discuss any additional services it may also desire. Linebarger Goggan Blair Petta & Sampson, LLP in Association with Gregory & Conner, P.C. Executive Summary - Page City of Denton Proposal-Executive Summary Regular Performance Reports We will submit regular reports to the City to maintain collection program accountability. Any other reports will be provided in writing as requested, or presented orally at the City's discretion. Taxpayer Assistance We have an exclusive 800-number for taxpayer assistance in Austin that will serve as a backup system for our Fort Worth 800-number in the event of any temporary, unexpected local office phone system failures. National Address Research/Taxpayer Locator Service We use several national electronic database programs to increase the likelihood of finding delinquent taxpayers that move frequently. Our delinquent tax address research service has on-line access to state and national databases, giving us a greater likelihood of locating your delinquent taxpayers. Once located, they are notified of their delinquent status, and put into an active collection program. Bankruptcy Expertise We have developed a highly successful bankruptcy practice for collections. The features of our bankruptcy program include: delinquent tax We have a professional team focused exclusively on national bankruptcy collection efforts. We aggressively seek payment of all bankruptcy claims in Chapters 7, 111 12, and 13. We maintain a close working relationship with bankruptcy trustees and stuff, allowing us to provide au even greater level of protection for our clients. Our fm has established procedures to protect our clients' interests by timely filing claima, responding to objections to claims, contesting interest rates and valuation of collateral proposed by debtors (which are used to determine the payment actually received), and objecting io plans of re-organization. We regularly conduct client seminars to familiarize tax office personnel with bankruptcy issues and instruct them in the handling of these accounts. Qualified Counsel Mr. Stephen T. Meeks, Partner, will serve as our attorney on all day-to-day matters pertaining to the City of Denton collection program. Mr. Meeks is also the managing partner of the Linebarger Goggan Fort Worth office and will provide oversight and assistance in complex issues. Mike Gregory of Gregory & Conner will act as local counsel for the firm. Mr. Meeks and Mr. Gregory have considerable experience in ad valorem tax matters and will be available to assist the City with any questions it may have regarding our delinquent tax program. They will also advise the City on other collection issues as requested. Linebarger Goggan Blair Pe~ta & Sampson, LIP in Association with Gregory & Conner, P.C. Executive Summary - Page 5 City of Denton Proposal- Executive Summary ' ' Title Work and Lien Holder Notices: We will obtain a complete title report on every real property lawsuit. We will .also notify all lien holders and interested parties of any lawsuits fried. Taxpayer Locator Service: Using local, state, and nationwide database search tools, we will research bad addresses until the City of Denton delinquent taxpayers are located, notified of their delinquent status, and put into an active collection program. Local Representation: We are immediately available by telephone or in person for meetings, conferences, consultations, hearings, or other related tax matters on a daily basis. Our collection program will be customized to fit the specific needs of the City. Personal Service for the City of Denton Taxpayers: Parmer Steve Meeks, Local Counsel Mike Gregory, .and Area Manager Debbie Patton will focus their attention exclusively on the City of Denton collections. In addition, all of our Fort Worth office personnel are available to assist taxpayers in person and to respond to ali phone inquiries and letters from taxpayers. We will regularly meet with taxpayers to help them arrange payment of their delinquent taxes. Regular Performance Reports: We will submit regular performance reports describing collection efforts and our results achieved on behalf of the City of Denton at whatever schedule the City desires. All other periodic reports will be provided in writing if requested or presented orally at the City's discretion. Additional Services Provided Collections Analysis: We will prepare an in-depth analysis of the delinquent tax roll in order to develop the most effective collection work plan for the City. Complex Civil and Civil Appellate Litigation: We will represent the City of Denton in all types of lawsuits arising from collection activities, such as counterclaim.~, injunction suits, eminent domain proceedings, declaratory judgment actions, and all types of complex property tax related litigation. Publications & Media Relations: Our firm's quarterly newsletter will be distributed to City of Denton officials to keep them apprised of changes in legislation and ~:ecent judicial decisions that may affect tax operations. With the City's approval, experienced public relations professionals will also integrate media coverage into the City of Denton collection program to inform property owners of their responsibilities and deter delinquency. Taxpayer Assistance/Education: Our local staff will make presentations to community groups or organizations interested in learning more about property taxation and taxpayers' fights as requested by the City of Denton. Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. I. Collection Services LEVEL OF EXPERTISE Linebarger Goggan Blair Pefia & Sampson, LLP (l,inebarger Goggan) is one of the largest private law firms collecting delinquent government receivables in the United States. Our highly qualified attorneys and professional collection teams have over 25 years' experience in the industry and focus solely on collecting delinquent government debts. We currently represent over 1,600 governmental clients, including the U.S. Department of Treasury/Financial Management Services (FMS), the Cities of Dallas, Houston, Knoxville, New Orleans, and Philadelphia, and counties such as MJami-Dade, Florida and Shelby County, Tennessee. We offer our clients turnkey debt collection programs, including delinquent taxes, court fees and fines, parking violations, federal delinquencies, student loans, Utility fees, and other miscellaneous g6vemmenf receivables. Our experience includes: · More than 25 years' experience in collecting delinquent property taxes. · More than 700 dedicated professionals, including over 70 attorneys. 32 offices, including Austin, Dallas, Fort Worth, Houston, Jacksonville, Knoxville, Los Angeles, Memphis, New Orleans, Philadelphia, and San Antonio, just to name a few. Customized collection programs that are aggressive but fair, consisting of demand letters, collection calls, litigation, post-judgment enforcement, etc., all resulting in maximum revenue collections for our clients. · Nationwide bankruptcy representation. · industry leader in computer systems and software support for governmental collections. PROFESSIONAL RECOGNITION Many independent parties have professionally evaluated our law fn'm, and we have consistently received high reviews. In January 2001 the United States Conference of Mayors presented its Award for Excellence in Public-Private Partnerships to our fu'm in recognition of the successful collection efforts we have achieved with the City of Dallas. Our fnma has collected over $543,000,000 in delinquent receivables during the 18 years that we have represented Dallas and the Dallas school district. Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. City of Denton Proposal- Collection Services Chap~rl-Pages Identifying unusually large delinquencies in descending order, the ranking of which is determined by an owner's total obligation by combining all Properties owned, Identifying an initial "target roll" for new litigation on uncoded accounts which have received no attention other than demand letters, Identifying problem areas which are unique to any given taxing unit, including special hardship cases, and, Formulating a specific work plan annually to assure the highest level of collection. We will work closely with the City of Denton Tax Office to customize or make any changes necessary to meet the needs or requirements of the tax office. The following is a monthly work plan outlining the activities we will implement for collecting delinquent City of Denton taxes. Linebarger Goggan Blair Pefia & Sampson, LLP in Association with Gregory & Conner, P.C. City of Denton Proposal - Collection Sen, ices Chapter I - Page 5 l I Special Mailings Accounts that remain unresolved after receipt of our first two demand letters require more specialized collection efforts. We carefully analyze the profile of the remaining delinquency and implement a detailed work plan to maximize collections on behalf the City. We target select accounts for special mailings which occur from time to time throughout the collection process. These include specialized mailings to multiple property owners, absentee owners, business taxpayers, etc. Each mailing is designed to focus the taxpayer on the need to promptly address his or her delinquency. Examples of these specialized target mailings include: · Intent to seize letters, · Intent to sue letters, · Letter to payment arrangement violators, · Set for Trial notification letters, · Letters to debtors who have received an Order of Discharge or defaulted under the Chapter 11 or 13 Bankruptcy Plan, · Intent to Foreclose letters, · Order of Sale notification letters, and, · Other targeted mailings. Mailing Costs We absorb all costs related to the production and mailing of written taxpayer notifications. These costs include, but are not limited to, tax statements, stationery, postage, penalty and interest computation, and printing. We also can provide the City of Denton with printouts of the delinquent tax roll either in its entirety or by selected groups of delinquent accounts at no additional cost. Telephone Notification and Personal Contact We have found that personal contact is an essential component of an effective collection program. A team of highly skilled personnel is employed for the sole purpose of contacting taxpayers personally in order to collect delinquent accounts. High dollar and complex accounts, including accounts involving federal agencies, are assigned to our specialized telephone collection unit. Our telephone collection unit is trained to be courteous and understanding, yet persistent. During mailings and other peak season activities, these professional collectors monitor our phone bank operations, answering the more difficult taxpayer questions with complete and concise information. Our telephone collection unit tracks assigned delinquent accounts until the tax balance is satisfied. Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. ChapterI. Page 7 City of Denton Proposal - Collection Services · Identifying business personal property accounts, and · Locating accounts on the tax roll that lack address information. Maintenance of Records on File · Address corrections completed in-house are entered in our files, · "N" code is placed on the account noting a new address, Updated address is used in place of the outdated address on the tax roll, Accounts identified as having a bad address are compiled within our system and cross-referenced by taxpayer name, address, account number and amount owed, and · Name and address listings of the entire tax file are used for multiple account research. Business Personal Property and Related Accounts Some tax collection firms file business personal property tax lawsuits using only the ownership information and address contained on the tax roll.- Unlike other law fa-ms, we include secured creditors in the business personal property lawsuits. This encourages creditors with an interest in the business personal Property to protect that interest by payment of all amounts owed. · Personal property accounts are researched for identification and ownership, · Research staff finds the correct name and address of the owner, president, or registered agent for these personal property accounts, · Staff compiles and transfers all relevant information required to produce the lawsuit, and · The litigation support department produces the lawsuit. Title Research We use qualified local vendors or staff abstract personnel to prepare complete title reports on real property accounts. We estimate the cost for abstract of title at $175 per report. Our fu-m pays the initial cost for title research. All title costs are handled in accordance with Section 33.48 of the Property Tax Code; the City of Denton will not incur any costs. BANKRUPTCY REPRESENTATION When an individual or business files for bankruptcy, ordinary procedures used to collect delinquent taxes may no longer be used. Federal law expressly prohibits any continued attempt by creditors to collect from a bankruptcy debtor by any means other than the procedures specifically set forth in the United States Bankruptcy Code. We have four comprehensive Bankruptcy Departments throughout Texas (Houston, Austin, Dallas 'and San Antonio), fully prepared to actively pursue collections of ad valorem taxes in bankruptcy proceedings. We are in an excellent position to respond promptly to any bankruptcy developments within these jurisdictions from our local offices in these four major cities. We also actively pursue bankruptcies throughout the United States, with our attorneys routinely appearing at hearings held outside the State of Texas. We currently represent clients in bankruptcies pending in 38 states. Our attorneys Linebarger Goggan Blair PeF~a & Sampson, LLP in Association with Gregory & Conner, P.C. Chapter I - Page 9 City of Denton Proposal - Collection Services · Information available tkrough the legal community, and, · Bankruptcy Court's computer system (PACER). Once a debtor is clearly identified, a "notice of appearance" and a "proof of claim" on behalf of the client are prepared and filed with the court. The proof of claim is essential to protecting the client's interest since this document puts the debtor on notice that taxes are owed according to tax records. Once the notice of appearance and proof of claim are filed, several varying events can occur in the proceeding, which determine whether and how much payment the client will receive. Our lawyers are skilled in this specialized area to handle all aspects of the bankruptcy proceeding, such as objections to claims, subordination of tax liens and m-determination of tax liability. Claim Objections Common to ali bankruptcy chapters is the claim objection process. Depending on the chapter of bankruptcy and the circumstances of the case, we either defend attacks agaln~t Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. City of Denton Proposal- Collection Servlces Chapter I - Page Il March 1997, and we appealed to the District Court in Arizona. The District Court affumed the bankruptcy court's ruling in September 1998. An attempt at a negotiated settlement was made in January 1999. Our client refused the offer, and Linebarger Goggan appealed this decision to the 9t~ Circuit Court of Appeals in San Francisco in February 1999. At the present time only the 1991 taxes remain unpaid; all other years are current. While the bankruptcy court has closed the case, America West remains under the shadow of the bankruptcy court. Montgomery Ward & Company, Inc. Real & Personal Property Taxes Montgomery Wards is the largest single pending bankruptcy case affecting our clients to date. Ward's flied its first bankruptcy in 1997. In that case, the debtor objected to all tax claim.~ and sought reductions of the amounts owed for 1997 taxes. Linebarger Goggan clients' claim~ were allowed and paid at 100% of the base tax; whereas other clients were only allowed 80% of their tax amounts. Our clients also received interest in addition to the base tax amount. Ward's filed its second banlcruptcy in late December 2000 and mediately commenced to close all of its stores. Throughout January and February 2001, our bankruptcy attorneys participated in court proceedings in Wilmiugton, Delaware to protect our clients' interests. As originally proposed, all of the going-out-of-business sale proceeds were to be paid to a bank lender. However, due to our early involvement in the case, to date, over $4,000,000 in pre-petition personal property taxes have been paid to our North Texas clients since the case was fried. Furthermore, we spearheaded an effort to convince the mortgage holder for most of the real .property to pay the 2000 taxes ia March 2001, rather than waiting for the Debtor to pay after the sale of the property. Finally, over $1,400,000 in 2001 personal property taxes was paid to our clients in April 2001. JumboSports This big retail sports outlet filed bankruptcy in Tampa, FL. The debtor filed motions to approve going-out-of-business sales free and clear of our liens. The liens were to attach to the proceeds, but there was no tracking of proceeds or what account they went into. We objected on behalf of: our clients: City of Dallas/DISD, Dallas County (TX), and Jefferson County (TX). Linebarger' Goggan also hired local counsel to represent our clients in the Tampa court. The court ordered over $479,000 set aside in a segregated account to adequately protect the claims of our clients. No money can be distributed from this account without notice to our law fn-cn, so the funds cannot be diminished, and we will not have to argue issues regarding tracing & co-mingling later in the case. Barry's Jewelers This national retail jewelry store filed for bankruptcy in Los Angeles. Linebarger Goggan tax clients received $213,780 in delinquent tax payments. Only one other law firm's clients received interest payments on the claim.~ out of all the secured tax claimants ia the country. Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. Chapter I - Page 13 City of Denton Proposal - Collection Services During peak periods our phone bank responds to scores of calls each day. The nature of the incoming calls varies and includes ownership changes, mortgage company problems, bankruptcy, appraisal problems, exemptions, and haxdships. The most common problem encountered is confusion on the part of taxpayers who have paid one entity's taxes but not another's, or vice versa. We provide taxpayers with a single contact point for information on taxes due to the appropriate taxing authorities. Because of our experience in dealing with taxpayers and their related problems, we can provide prompt problem resolution by telephone, saving your taxpayer time and frustration. Correspondence Our collection activities result in thousands of letters on an annual basis from taxpayers who have questions and concerns about their delinquent accounts. All written correspondence received from City taxpayers or representative attorneys will be imme&ate_ly- .ansv~ered in writing from our office.. We place great emphasis on responding to any inquiry in a direct and friendly manner. Hardships Our in-depth collection activities will help us identify taxpayers who need special attention to address their delinquent tax accounts. Our policy is to work individually, one to one, with each taxpayer who may be experiencing a hardship situation. Our primary goal is to design a payment arrangement, according to the City's guidelines, that meets the taxpayers needs and available resources. We also assist the taxpayer in using exemptions and community assistance program.~ that are available. We will comply with City and tax office policies for handling payment arrangements. Homeowners who may have severe hardships and cannot meet the minimum requirements to comply with the City's payment arrangement program are counseled regarding several alternatives. Homeowners are advised to consider home equity loans, refinancing, and where applicable, homeowners are directed to the Denton County Appraisal District to apply for an over-65 exemption. Other Taxpayer Services We believe that an effective tax collection program must combine aggressive collection methods with taxpayer assistance and education. The scope of services routinely provided by our firm to taxpayers includes: · Taxpayer education seminars covering the taxpayer's rights and reSponsibilities, · Taxpayer assistance in obtaining exemptions and in correcting ownership information, and · Assistance to taxpayers facing hardships in obtaining payment arrangements. Linebarger Goggan Blair Pe~a & Sampson~ LLP in Association with Gregory & Conner, P.C. City of Denton Proposal- Collection Services Chapter I - Page 15 (when using service by certified mail) in accordance with the Texas Rules of Court, Texas Property Tax Code and local court rules. Information Gathering Before personal property lawsuits are fried, information extracted from the delinquent tax roll is merged with updated ownership and address data obtained by our address research staff. Our system is designed to prepare literally hundreds of personal property lawsuits within a matter of days. Before ~ing any real property lawsuits, every account is sent to a title or abstract company for title verification. We then merge the title information, together with the last known address of the defendant, with accounts receivable information, which will be ex- tracted from the City's delinquent tax rolls. TAX SUIT PROCEDURES Fal~to Linebarger Goggan Blair Pe~a & Sampson~ LLP in Association with Gregory & Conner, P.C. City of Denton Proposal- Collection Services Chap~rl -Page17 service on all defendants. Our lawyers and legal assistants utilize a state-of-the-art lawsuit tracking system to monitor and manage the litigation volume that we have undertaken. Once service of process is obtained on all defendants in a particular case, we immediately set that lawsuit for trial. Collection of Judgments by Execution and Sale Real Property At times it becomes necessary to reduce a judgment to sale. Delinquent tax suits are the last alternative to enforce collections. A suit to foreclose a tax lien and permit the sale of a property to recover taxes is a remedy available to all taxing jurisdictions under the Property Tax Code. While selling someone's property is not desirable, it becomes a necessity if other efforts fail. Quality litigation on accounts worthy of suit often produces excellent results and maintains collection momentum as it sends a highly visible message to the public about the need to resolve outstanding tax bills qnicldy. Pre. Foreclosure Procedures Linebarger Goggan uses non-discriminatory methods in the selection of property for suit, based upon the individual requirements of each client. While we make recommendations from our analysis of the delinquent tax roll and any applicable statute of limitations, we adhere to the guidelines as set out by the client. It is the policy of L'mebarger Goggan to order and review title on any real property before filing suit. If our attorney did not fie the original lawsuit, as in the case of interventions, title must be ordered and reviewed before we will participate in any judgment taken on said lawsuit. Before judgment is taken or any property is sold at one of our tax sales, our staff is required to update the title to make. sure that there have been no changes in the chain of J[itle since the original title review. Because of the potential for liability resulting from judgment or tax sale and the potential for malpractice claims, there are no exceptions to these roles at our f'mn. With respect to physically inspecting the property, our staff always survey the property in question prior to sale for a couple of reasons. First, a personal visit to the site provides a potential opportunity for locating the owner/occupier and making payment arrangements for delinquent taxes. Our staff are always courteous and professional, and they are often more effective in one-on-one situations than any mailing or telecollection program when it comes to settling actual tax bills. We also insist on site visits in order to determine the actual condition of the property and to familiarize us with the location and potential buyers, in the event a suit is fried, and the property sold at a tax sale. As part of this process, we frequently photograph the site, both for our records and for future advertising at a tax sale ff needed. Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. Chapter I ~ Page 19 City of Denton Proposal- Collection Services Tax Sales Procedures Once we have a judgment, we prepare the property for a tax sale. If there is no I-mai effort to pay the amount due by the delinquent property owner, specific procedures are followed as listed below. We have had considerable success with this program in other areas in Texas. Files are assembled approximately 75 days before the sale, Files are carefully reviewed again, to identify any changes, which may occur with the title work, service or judgment on the defendants, Staff checks for payments or service on all tracts, Staff checks for recent bankruptcy filings on all defendants, Notice of foreclosure is sent to all defendants, Property inspection is conducted on each tract and the owner or resident is contacted. If they are not home, a business card is left and the neighbors are contacted. Neighbors are quite often the most likely buyers for tax sale properties, CommerCial property tracts are checked with the local office of the Texas Natural Resources Conservation Commission to see if the property is on any list for known hazardous waste contamination. If the property is listed, it should not be posted for sale, as the potential liability to the taxing unit is much too great if the property gets "struck off", FDIC properties are checked for lienholder defendants on judgments. If so, the property may not be eligible for sale, Files are sent to the attorney for review, Files are turned over to the post judgment department for preparation, Pages are carefully proofed to ensure accuracy in the Notice and Order of Sale, Notice and Orders of Sale are delivered to the district clerk's office, the sheriff and to the tax office(s) involved, Notice of Sale is delivered to the newspaper for publication. The first publication must appear no later than 20 days before the sale, Bid sheets are sent out to interested bidders, to the sheriff, and tax office, Staff arrives in advance of the tax sale to inform the buyers of any post-judgment taxes or municipal liens, which may be due outside the opening bid amount on the day of the tax sale, and Documentation resulting from the tax sale is immediately prepared and filed. Linebarger Goggan Blair Pefia & Sampsor~ LLP in Association with Gregory & Conner, P.C. Chap~rI-Page21 City of Denton Proposal- Collection Services long ago that it :makes very little sense to hold out for sometimes thousands of delinquent dollars, which will probably never be collected, while the property languishes year after year on the exempt roll. However, to obtain the maximum benefits of this alternative requires prompt and thorough preparation and action. We have pioneered this procedure throughout the state, which can benefit the City. We operate a comprehensive tax sales program, including enhanced marketing strategies for the re-sale of any properties that do not sell at tax foreclosure sales. These properties are marketed through the Internet, real estate offices, and a national list we maintain of interested buyers. Procedures for Tax Re-Sale Properties As with our tax sales, we adhere to specific procedures in order to thoroughly explore all avenues for returning these properties to the tax roll. The following steps are taken once a property is struck off at a tax sale and a sherLfl°s deed is fried with all appropriate authorities for the affected taxing entities: · Create a re-sale property list and bid procedure outline. Update the list after each tax sale and when re-sale property is sold; · Include the re-sale list with the tax sale bid sheet mailing at least three times a year. Provide the post-judgment depathuent with all phone inquiries; Put signs up on the property to identify it as a tax re-sale property. Include a contact name and phone number; · Walk the neighborhood around the property to inform local residents of the property's availability; · Secure the property either with locks or contact the appropriate city/county department to board it up, to p~event unauthorized access; · Make sure all local realtors have a current re-sale property list. Ask'to address the group at its next meeting to promote these properties. Put these properties up on the law fzrm web page and link to other real estate pages; · Create a "Re-sale Book" of properties for walk-ins; include pictures, maps and copies of the sheriffs bid sheets; and, · Work closely with the clienfs real estate broker in the advertis'mg and selling these properties. Business Personal Property Collections The most common remedy for personal judgment collections on delinquent personal property taxes is a writ of execution with a levy and seizure upon any of the judgment debtor's non-exempt property. The key to a successful execution is identifying through post-judgment discovery procedures which property of the debtor is subject to a levy. Our finn is experienced in this area and will use the appropriate processes to full advantage in these cases. Linebarger Goggan Blair Pe~a & Sampson, LLP in Asspciation with Gregory & Conner, P.C. City of Denton Proposal - Collection Services Chapter I - Page 23 and exposure to sanction than to seize property only to discover that the owner is protected by the federal bankruptcy court; Inspect the location of the property to be seized prior to applying for a tax warrant in order to verify that the business is in existence and that there is property available for seizure. Our normal procedure is to notify the targeted taxpayer that tax warrants are being fried and that without additional notice, the property could be seized and sold for non-payment of taxes; Send a notice to the property owner demanding payment and warning that seizure proceedings are imminent unless payment arrangements are made; Prepare seizure documents, file them with the appropriate court and obtain a court order to begin the seizure. Submit an inspection report to the client; Coordinate with the tax office and constable's office to schedule a time and date for the seizure; Arrange for the moving and storage of any property that is expected to be seized in the event an actual seizure is necessary; Conduct the seizure. The objective is to collect the delinquent taxes due. If the total amount cannot be paid, but reasonable arrangements are possible, we will generally recommend that a payment plan, of limited duration, be approved. Only when it appears that this will prejudice the client's ability to recover in full, the taxes owed, will actual seizure be recommended; Move any property seized to a secure location that is bonded if necessary, and stored; Issue a Notice to the property owner and all parties having an interest in the property according to a search of the Uniform Commercial Code and other records on file at the county clerk's office, that the property will be sold at public auction after ten days, unless the taxes are paid; Determine whether any state agency should be notified, such as the Texas Alcohol and Beverage Commission, if property that is regulated, such as liquor, is to be sold; and, Arrange for the auction of the property. Publish the notice of the date and time of the auction to promote interest in the sale, and if necessary, conduct the auction as promptly as possible to minimize the storage costs. Success Rate Although the publicity that is normally received as a result of a seizure of property for taxes is of significant benefit to improving collections, the primary purpose of a tax seizure is to collect taxes that, quite likely, would otherwise be lost. We have found that more than 80% of our seizures result in immediate payment of delinquent taxes. We are usually successful in recovering most of the taxes due on the remaining 20% from the sale proceeds. Linebarger Goggan Blair Pefta & Sampson, LLP in Association with Gregory & Conner, P.C. III. Collection Technology COMPUTER RESOURCES AND SERVICES L'mebarger Goggan is dedicated to optimizing tax collection efficiency while upholding the highest professional standards. We pioneered the application of high technology to delinquent tax collection when we entered the field over two decades ago. Our representation of the largest taxing jurisdictions in Texas, as well as taxing jurisdictions in Philadelphia, Knoxville, and New Orleans, has led us to invest more than $25 million to develop the very latest, most sophisticated data processing and cotnrmmications technology for collections. Network Administrators and Oracle Programmer Operations Over the past 25 years, our in-house Information Technology group has developed an automated collection system to manage delinquent tax accounts and other government receivables. To accomplish this task, we have focused on the automation, centralization, security, and standardization of our computer systems. We have our own IBM mainframe and various computer server systems (SUN, AMD, Intel, Dell) and proprietary software developed specifically for use in collecting receivables for our clients. Our system currently manages over $1.1 billion worth of receivables for Texas clients, and tracks over 50,000 related bankruptcy cases throughout the United States. More than 80 programmers and technical personnel support our Information Technology collection operations. No other law firm ha~ duplicated our delinquent tax collection technology. The software applications we have developed, described in more detail below, enable us to continuously meet the changing needs of the tax collection process. Computer Personnel Data Processing This group provides statewide data processing support. Data processing personnel will read the City of Denton's tax roll and verify the contents of the data by producing a series of random statements for its tax office. Once the City of Denton confirms the tax statement information as being accurate, the job will be forwarded to the mailroom team. Data Processing Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P,C. City of Denton Proposal- Collection Technology Chapter IIl- Page 3 Oracle Intemet Application Server 1.0.2.2.0 Oracle Test/Development Application Server AMX) server (ORFORMS02) - 1 1.2GHz processor with 512 IVIB RAM Oracle Intemet App~cation Server 1.0.2.2.0 Oracle Production WEB Server DELL Poweredge 1300 (SAACTIASSERVER) - 2 450 MHz processors with 768 MB Oracle. Interact Application Server 1.0.2.0.0 Development Tools Oracle Forms 6.0.8.15.0 Oracle Reports 6.0.8.15.0 SQR 4.3.2.1 IBM System Equipment 1 IBM 9221-170 CPU 6 MIPS 1 IBM 3990-006 Disk Drive Controller 1 IBM 9391-A10 ramac frame 8 IBM 9392-B23 Disk Drives (configured virtuaJly to 32 IBM 3390-3's) capacity for each 3390 is 2.8GB, for a total of 89.6GB 1 Storage Tech 4674 9-track tape drive/controller 1 Storage Tech 4670 9-track tape drive 1 IBM 3480-A22 tape drive controller 2 IBM 3480-B22 tape drive units Cnas 2 tape drives per unit) 4 IBM 9336-020 FBA disk drives 1 IBM 3274-D41 terminal controller 3 IBM 3179 terminals i Xerox 4050 printer (online configuration) 50 pages per minute Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. City of Denton Proposal - Collection Technology Chapter [Il - Page 5 Proprietary Software Our systems designers and computer programmers have developed specialiTed applications, using the latest technology to meet our clients' growing and specific needs for sophisticated software applications. The fruit of our labor has been the development of several proprietary software systems specially designed to support all aspects of delinquent tax collection, including mass and special mailings, research, litigation, bankruptcy, and taxpayer assistance. Our computers can process updates whenever a mailing is done for the City of Denton. This computer system can provide activity reports, identified by specific codes, for the tax databases. Our activity reports can break out a delinquency by year, property category, and collection codes, such as bankmptcy, litigation, etc. Litigation Tracking Software We believe we have created the most effective software system available for the management and processing of collection lawsuits pending in the va_dons court systems. We use a refined on-line tracking system specifically designed for use by our attorneys, paralegals, and litigation assistants to manage lawsuits fried on behalf of our clients. This multi-access system allows litigation staff to query and update all information regarding defendants, plaintiffs, tax mounts, legal descriptions, account numbers, and the general litigation status of each lawsuit. Functions include: · Monitoring all mailings, · Monitoring the filing of original petitions and other legal pleadings, · Monitoring the status of service of lawsuits, · Monitoring the progress of tax litigation in the court system, · Preparing amended petitions, motions to set for trial, dismissals, judgments, motions for substitute service, citations, discovery requests and responses, affidavits requesting citation by publication, motions to appoint attorney ad litem, requests for orders of sale, orders of sale, sheriffs sale listings, transmittal notice letters and other legal docu- ments; and, · Monitoring account status, including exemptions, pending litigation between the taxpayer and taxing entity, and payment arrangements. All information from the computer-generated plaintiffs' petitions is imported into the litigation U'acking system the same day the lawsuits are filed. This system also generates reports that heighten the accountability of our litigation activities and help us meet our clients' collection goals. Bankruptcy Tracking Software I Jnebarger Goggan's bankruptcy-management software is an on-line tracking and document generation system that coordinates all banlcmptcy-related collection activities. The system's cenmalized file design facilitates the consolidation of multiple client and account cases into one bankruptcy case entry. This consolidation permits easy tracking, quick analysis, and fast Linebarger Goggan Blair Pefta & Sampson, LLP ha Association with Gregory & Conner, P.C. City of Denton Proposal- Collection Technology Chapter III - Page 7 we do not allow direct data transfers to or from our main computer system. Our system accepts data transfers twenty-four hours a day, seven days a week. We also accept many electronic tape formats including: · 8mm (with capacity up to 5 GB), · 1/2 Inch nine track @ 1600 5600 BPI, maximum block size 32K standard, · 1/4 Inch streaming tape, · Labeled (standard IBM, Custom) or unlabeled, · ASCII or EBCDIC, and · Fixed record length or vaiSable. We can also accommodate transfer files in most standard PC file structures in addition to client-defined fixed length formats. When the account media is received, it is logged into the media receipt log. It is then loaded onto the system using customiTed load prograrn~ tailored to individual client requirements. Wide Area Network/Local Area Network The Houston office is an integral part of the Linebarger Goggan Wide Area Network (WAN), which electronically links all of our offices together with state-Of-the-art technology. Our wide area network consists of 49 nodes or offices, connecting our offices to our data center. This network is made up of over 750 personal computers, 47 setters, and 66 routers. The technologies that are employed in our network are Frame Relay, ISDN, T1 lines, and VPN. Geographically, our netw6rk spans from as far as Philadelphia, Pennsylvania to E1 Paso, Texas and Jacksonville, Florida. Linebarger Goggan Blair Pe~a & Sampson, LIP in Association with Gregory & Conner, P.C. IV. References On the following pages we have provided references for several taxing entities represented by Linebarger Goggan. A listing of over 1,600 clients is attached as Exhibit B. We invite you to contact any of our clients to discuss our law fa-m, our collection efforts and' services, and the results we achieve for them. REFERENCE CONTACT INFORMATION City of Denton Ms. Carolene Folse Tax Analyst City of Denton Tax Office 601 E. Hickory St., Suite G Denton, TX 76205 (940) 349-7889 City of Rockwall Mr. Ray E. Helm Chief Appraiser Rockwall CAD 841 Justin Rd. Rockwail, TX 75087 (972) 771-2034 City of Carrollton Ms. Beverly Murphy RTA Tax Assessor Collector 1945 E. Jackson Rd. Carrollton, TX 75011-5125 (972) 466-3127 City of Grand Prairie Ms. Elizabeth Walley Finance Director P.O. Box 534045 Grand Prairie, TX 75053-4045 (972) 237-8067 City of Sherman Mr. Larry Ward Chief Appraiser Grayson CAD 205 N. Travis Sherman, TX 75090-5922 (903) 893-9673 Linebarger Goggan Blair Pe~a & Sampson, LLP in Association with Gregory & Conner, P.C. ~oo ~5 o _= oF_' Enron: A Cautionary Tale by John Dillman, Managing Attorney of the Houston Bankruptcy Department and Marguerite Dover M.B.A., Client Services The post-9/l I economic environment is hosting some dark financial forces. The recession is now official. Unemployment is at its highest point in six years (5.8%) while Oct. and Nov. of 2001 had the largest job-loss rate (799,000) of any two-month period in 20 years. County and municipal governments face massl, ve losses in sales tax revenue due to growth in Internet purchases (see Figure I on Page 3) while city income- tax revenues are grow- lng at their lowest rates in four decades. These forces threaten revenue streams (Figure 2 on Page 8) of the nafi. on's coun- ties and municlpali- ti~s as they struggle to fund essential public services and meet unbudgeted expenses for security and public health measures resulting ~om the terrorist attacks. Banl~uptc~-as-business-stxategy. Perhaps the most sinister eco- nomic trend facing our clients is the meteoric rise in bankruptcies. Most important to the entities that we represent are the large business bankruptcies which involve large current tax dollars (Table I on Page 7). The most disturbing bankruptcy trend we have noticed is the pur- posefal use of bankruptcy by large diversified corp~ratons as a strat~ glc business move. Originally designed to restructure failing enterpris- es, bankruptcy (specifically Chapter 11 Reorganization) has instead become a strategic move by companies to shed debt, improve bal- ance sheets, sell assets and write off unused facilities, resulting in corporate bankruptcies that are ]argur and more numerous than in the past. In 2001, a record number of pub- llc companies (231) filed for Chapter I I as the country slid into the first recession in a decade. Thirty-six bankrupt companies listed debts in excess of $ I bil- lion - enother record. Enron's bankruptcy offers us a cautionacy tale. (Continued on Page 3, Dallas County Consolidation Will Save Taxpayers $1 Million Dr. David Childs, Tax Assessor Collector for Dallas County, announced the consolidation of the City of Dallas and the Dallas Independent School District tax collections into the existing Dallas County tax collection program. These two taxing entities join 33 other suburban cities, school districts, and other taxing entities that have chosen Dallas County for the collection of their taxes. The recent con- solldation is expected to save taxpayers $ I million. Additionally, property t~xes may be paid online at the site via electronic check, debit card, or Visa, MasterCard, or Discover cred- it card. (Continued on Page 4, '~Dallas County") (L-R) Nancy Prlrneaux, Regional Manager; DeMetris Sampson, Managing Partner; David Childs, Dallas County TAC; and Daisy Power, Chief Deputy TAC Dallas County Online services. Dallas County residents will benefit from two new services to the ad valorem tax collection sys- tem. Taxpayers can now look up information and answers to frequenlly-asksd questions on the Dallas County Web site at www. dallascounty, org. fl fl fl I1 !1 I I I I ! I I I I I I I "Enron' (Coninued from Page l) L4u~t ~nl~lptcy ce.so in Illstow. Enron's case is the largest and most complex bankruptcy ever filed, with $60 bil- lion in assets and $40 billion in liabilities. It looks like it wilt also be the most investigated bankruptcy ever. No less than eleven congressional subc~mmiLtees and three government oversight agencies (Departments of Justice, Labor and the SE(]) are looking int~ allegations of criminal behavior, com- mercial fraud, insider trading, inaccurate and misleading dis- closures, unlawful accounting practices, and illegal partner- ships used to keep debt off their books. Everyone wants to know why Era'on executives were able to cash in $I billion in company stock prior to Enron's problems being made public while investors lost $I .2 billion and employee 401 (lc) plans lost $8.50 million - a theme captured in the Tadeus and Weez metaphor depicting Finron executives jumping to safety in their golden ~Jarachutes while creditors go down with the ship. Mission impossible. Beyond its sheer sb:e, this ease, or more correctly, these cases (since approximately 35 F. nron affiliates have filed bankruptcy) are made extremely difficult to manage because of the complexity created by several ele- ments: Enron's numerous subsidiaries; the numerous accounts owed by all of these subsidiaries; the fact that not all Enron entities are in bankruptcy; the fact that the Debt~rs were in many varied businesses; and the Debtors' shopping around for a favorable out.of-state bankruptcy court. Before filing claims for current-year taxes against Enron in bankruptcy court, these compleadti~.had to be sorted out and thoroughly understood - and very quickly, too. 'WhO's in a name') Like most empires, Enron's kingdom was built with many smaller pieces. Unfortunately, some pieces of this empire have names that suggest no des to Enron, and many are in far-flung loeatons. As a result, we have liad to spend a great deal of time researching entities and ownership. These subsidiaries each tend to have multi- ple accounts, many with no outward hint of Enron involve- ment. Some of these entities worked in the'tsaclltional Enron 01l-and-gas krona, others in power trading and still others in everything fi'om water U'eatment to broadband services. These things made research on our clients' systems more dif- ficult. Many, but not all, of these entities filed banh'uptcy, farther complicating our task of determining what accounts should be included in the bankruptcy cases, and what should be collected otherwise. mddilional waxes of filings. Even more uoubling are the subsequent waves of Enron filings taking place, with 22 additional entities placed in bankruptcy since the initild filing on December 2, 2001. Because of this, we must continually watch for additional entities filing for bankrul~tcy so that we may update our claims quickly. Finally, Enron's choice to rite banksuptcy in New York f~rther complicates matters, and means that litigation becomes more di~cuh ann expensive because it takes place in another state. In fact, our firm is one of many parties that asked the court to transfer these cases to Houston - a request that was denied. In our Houston office alone, we filed claims in excess of $3 million within two business days of Enron's bankruptcy. Fortunately, almost all of these daims are for current-year taxes, giving them a higher priority with the bankruptcy Figure 1. 2001 Tax Dollars Lost to Intemet Sales $1.2 bilUon TX FL million court. Of all the parties owed money by E, nron in these cases, the taxing authorities will likely fare better than other creditors. Mechanism for shedding liabilities. There is no doubt the Enron cases are significant in and of themselves, and we can only hope that they don*t come along very often. But beyond the reasons for Enron's demise, these eases are significant because they represent a growing trend of more complex business bankruptcy rases with higher dollars at stake. Bankruptcy has gone kom the graveyard for insolvent enti- tles to a mechanism for corporations to shed large liabilities and emerge with substantial competitive advantages over their competition. Bankruptcy has been transformed into what is being called a 'business strategy' to obtain clear title to assets to facilitate sales that could never have been arranged without it. The bad news for us is that these types of cases mean our dients have more dollars at stake at any given time and that the level of legal sophistication required in handling the situation is enormous. The good news is that (Continued on next page) LA TN PA !1 Joe Hubenak July 2, 1937 - November 14, 2001 Our heartfelt condolences go out to the frends and family of Joe Hubenak who died on November 14, 2001 after a long battle with cancer. We are all so saddened by his passing and our thoughts are with his wife, Sandra, and with their children. Joe Hubenak led a long and distinguished career of public service and was a member of the La. mar Consolidated Independent School District board of trustees at the time of his death at the age of 64. Hubenak served Fort Bend and Brazofia counties as a member of the Texas House of Representatives firom 1968 to 1979 and is remembered for his many contributions to his community. He held a wide variety of positions in organizations as diverse as the March of Dimes, the Knights of Columbus, the Texas National Guard, the Fort Bend County Fair mssodafion and the Board of Pardons and Paroles of the Texas Department of Criminal Justice. His accomplishments include his successful effort to create the 6,000- acre Brazes Bend State Park and the passage of legislation that created benefits for sur- vivors of volunteer £refighters killed in the line of duty. Managing Partner Bill King reflected on Hubenak's death: "Joe was always an absolute gentleman. [ considered him a friend and will miss him - this world would be a better place with more Joe Huben~s in it." Partner Mike Siwierka remembers Hubenak with fondness: "I met Joe at the Fairgrounds years ago when he was the agricultural extension agent. He came over to meet me, a face he didn't know. We became immediate friends and enjoyed going out for Chinese food during our lunch hours over the past couple of years. Joe was someone who you could real- ly know after just meeting him for the first time. No hidden agendas, nothing but slncefi- ty. I liked him as an older brother and will miss him dearly. He had a presence about him that extended far beyond his home of Fort Bend County." Attorney Vince Ryan spoke for all of us who knew Joe - ']'oe was a big man with a big heart. Heaven will finally be a place equal to him." Joe Hubenak "... this World would be a better place with more Joe Hubenaks in it." ' -- William E. King, Managing Partner Kaufman County TAC Honored Kaufman County TAC Donna Sprague was named 2001 Tax Assessor-Collector of the Year by the Tax Assessor Collector Association (TACA) at their November A&M conference. Donna has been the Kaufman County TAC since January 1985, where she collects taxes for Kaufman County and 25 other t&.v. ing jurisdic- tions. Other awards garnered by Donna include the 1988 Super Texas Award from the Secretary of State; the 1990 Outstanding Service Award from the Secretary of State; the 1991 Yellow Rose of Texas Award from Governor Ann Richards; and the 1992 City of Ten'cfi Mayoral Award. Our congratulations gu to Donn~ for these honors in recognition of her professional contributions to her field. 5¥ TACA Tax Assessor-Collector of the Year Donna Sprague, TAC Kaufman County and Austin Office Manager Bob Caudill. Et Cetera 5 -Bankruptcy Court, the Quick and the Dead .by Partners David Aelvoet and Beth Wel]er Although the Linebaager Law Firm is well known for suc- cessfolly collecting delinquent tsxes and other delinquent government receivables, few realize that our attorneys also collect current-year taxes when businesses declare bankrupt- cy. Last year alone, the bankruptcy department collected $6 million in current-year taxes fi'om just a handful of cases managed by our firm - money that would Likely go uncol- lected without the quick intervention of our bankruptcy attor- B, nkmptcy alert. Collection of tax dollars in the bank- ruptcy forum is risky; and the recent surge in bankruptcy ill- ings, up 20% in 3rd Quarter 2001 over the same period in 2000, has compounded the financial exposure for local gov- ernments. Worse yet, it comes at a time when local govern- ments are struggling with the dual problems of declining re4- enues and unbudgeted post-9/l I expenses (see ENRON: A CAUTIONARY TALE on Page 1). In fact, the nation's cities have spent more than $1.5 billion on additional security and public health measures since the terrorist aRacks. Add to that the disturbing trend of bankruptcy cases with assets exceeding $1 billion (Table I) and the amount of tax dollars at risk becomes significant. To preserve their revenues in this envlmnment, taxing entities need bankruptcy collection pro~ grams that are aggressive, comprehensive, responsive and quick - especlally when it comes to collecting current-year taxes in bankruptcy court. the sell-off of assets creates an urgent need to get into court quickly in order to protect our clients' Lien interests in the properVy itself, and to safeguard the sale proceeds by seeking immediate payment and/or an escrow of an amount equal to the tax debt. Being 91ow to get into court could mean that the debtor's assets (and the money f~om their sale) are gone. C. zses in point. Montgomery Ward's second bankruptcy fil- ing is an example of why speed is so important in this lagal arena. Within just four months of filing, Montgomery Ward was able to dispose of all of its inventory and other personal property assets; and within twelve months they sold most of Bad news/good news. In the past, some bankruptcy courts viewed current-year t~xes as a post-pet~tlon debt that the debtor would eventaally have to pay in the ordinary course of business, wh~le other courts pro-rated the t~xes for the year based upon the date the bankruptcy was filed. A ruling by the Fifth Circuit Court several years ago resolved this issue by declaring the entire current-year tax as a pre-petition debt - thereby placing current-year ad ~d/orem taxes at risk by now being subject to repayment through the bankruptcy process. This was bad news in that a bankruptcy court could now order tax money destined for public coffers to be reduced in amount and even subordinate its payment to the claims of junior creditors. As a result of this ruling, the col- lection of current-year taxes has become a critical component bf our bankruptcy operations. But the court's ruling also has a silver lining to it. The good news is that it elfows local ta~ng jurisdictions to immediate- ly join in the bankn~ptcy proceedings while assets are being divided up and to take legal steps to object to any action that would compromise the collectibillty of their revenue. Timing is cvcl'~'hin~. As with most things in life, timing is everything in a bankruptcy proceeding. When a business files for Chapter I 1 (reorganization) bankruptcy, debtors routinely begin selling assets while creditors rush into court to ask that their debts be prioritized above those of other creditors. This competition 0mong creditors combined with their fee title pmpettles as well. Awar~ of the likelihood of this speedy sell-off of assets, within the first month of Ward's bankruptcy filing, Mo Linebarger attorneys flew to Delasvare (where the case was filed), hired local counsel (required to take part in local court proceedings) and appea~d in bankruptcy court to preserve our clients' finan- cial claims. As a result of this quick intervention, our clients were paid $1.4 million in 2001 personal property taxes alone, with most of this money disbursed to the respective tax units prior to June 2001 (several months prior to the year 2001 taxes even being billed). Similarly, in Payless Cashway's second bankruptcy, a Linebarger attorney went to Kansas City and fought for the prompt repayment of our (Continued on next page) Et Cetera 7 Too Young for Jury Duty?. How old do you need to be to serve on a jmy h~ thc s~.te of Texas? Surprisingly few people can o. nswer that question with any certainty. Most are a-mazed to learn that 18-year-aids can be called to jury duty - which is why the Ed Rachat Foundation, a non-profit organization in Corpus Christi, funded a 25-minute educational video proj- oct on the topic for Texas high school students for the purpose of encouraging young adults to participate in the jury system. ' Ernest C. Garda, a new attorney with Linabarger's Aus~ office, gave an on-camera interview in the Austin office's I a. law library for the production company filming the project. Cai'cia is a former State Dis~ct Judge for the 126th Judicial District Court where he presided over civil proceedings including family matters, business cases and contract disputes. FLrst co~xtact. "The concept of the video fell in line with my philosophy of offering a hiendly approachable person for youngsters having their first contact'with the legal system," Garcla explained. No stranger to creating educaUon- al opportunities, he has hosted elementary school I c~dren, high school students and Boy Scout Troops in his courtroom over the yeazs, holding mock tdals and speaking to kids as young as eight i years old. When speaking to students, Garcia-- sheds his judicial robes a~d adopts a casual, accessible attitude. I "This may be a child's only contact with the court system, and I purposefully try to demystify the field of law in the hopes of opening the door as a career option to children who may come from I bachgrounds where the law is not considered a Pictured:. APCO Worldwide vidoo production crow members with ......... ,. Linebarger attorney Ernest C. Garcia in the Austin office's law library - (L- R) Rob Oavs, Chris Phd~ps, Ernest C Garca and producer Manlyn rlence on the bench, Garei~ estirrra!:es that fully Fancher one-third of those summoned to ju~yxluty fail to ' ' show up, preferring, instead, to t,ake their ch~ces I with a contempt citation that can cost anywhere f~om $100 to $1,000. 'Tbe j~dlcial system in the U.S. provides for · a court ~I with a jury of our peers. It can impact the fairness of the decision in a court case. If the system is to work, we need all segments of a community to participate so that a }ury of peers is possible. This includes young adults." 11 Qualifications £or ire'ors. Jury pools are gathered ~om two sources: voter regist~'ation roles and drivers licenses. There are eight qualifications necessary to sit on a jury: I) mustbe 18 years old; 2) a citizen of the state and county in which he is to serve as a juror; is qualified to vote in the county in which he is to serve; Il 4) is of sound mind and good moral character; ' 5) is able to read and write; 6) has not served as a petit juror for slx days during the preceding three months in the county court or duthg the preceding slx months in the district court; 7) has not been convicted of a felony; and · I 8) is not under indictment or other legal accusation of misdemeanor or felony theft or any other felony. The video production company, APCO Worldwide, also interviewed a court clerk, an attorney and past jurors for the project. The finished video will be shown in public high schools in Corpus Christi where Garcia grew up and I where his mother teaches st St. Patrick's Catholic School. Talcin~ the zesponsibility sexiously. '~7e have the privilege of living in the United States with alt the rights and i cml libe~es that come with that. However, with these rights come responsibilities, ~nd it's disappointing to see just how apathetic we are about folfilling the responsibility of jury duty. Hopefully, this video will impress on young adults how important it is to take that responsibility seriously." Et Cetera 9 Recent Appointments Managing Partner A. S~rapson was recently appointed to DelVleul.s the Dallas Chamber Commerce Boazd of Directors. Chamber of Commerce. He will also serve as an ex-officio member of their Boan:l. Mike has been a resident of Fort Bend Courtly since 1983 and is also active in the St. Laurence Knights of Columbus, the BrazoriffFort Bend County Rural Railroad Commission and the Fort Bend Business Alliance. Pa.~er Barbara Will;:,~,~ of Our Fort Worth office has been appointed as a Business Representative to the Site Based Decision Making Committee at Arlington High School in Arlington, Texas. The twenty-mem- ber committee is mandated by Chapter I 1 of the Education Code to assist the principal in developing the C~mpus Improvement Plan to assess the academic achievement for each student, set the c~mpus perfi~rmance objectives, and identify the campus goals including parental involvement and violence prevention. Williams will serve a two-year term in this position. I Barbara Williams Affomey I Ernest C. Gar¢ia Attorney Ernest C. Garcia of Austin has been appointed to the board of directors of the Women's Advocacy Project, Inc. Among the services this statewide non-profit organization provides are legal resources for women and their childrefi who have been victims of family violence or physical abuse. About 85% of the Texas women served fly this organization fall below the national poverty g~idelines. Garcia will be one of only two men appointed to serve on the board of directors. Over 300 attorneys in Texas volunteer to give flee legal consultations to women seeking advice on matters such as consumer problems, landlord/tenant disputes, and employment discrlmination law. Their Family Violence Lagal Hot Line number is: .1400-374-HOPE- I i I i I New Capital Partners Named works out o£ our San Antonio office managing our Bankruptcy Collection Program. Sharon Humble manages our Philadelphia office. I i I I Mi]~ Si~viel~ is based in our Houston niece and is the attorney for the Southwest Team as well as manager of our Richmond office. J Et Cetera 1 1 Ifyo~ have qu[stions about the bills, please call Bruce Anderson at 800-262-7229 x 1226 Linebarger Goggan Blair Pefia & Sampson, LLP Legislative Report House Bills Appraisals HB 16-Corte Tax Code § 11.43 Adds § 11.439 to Tax Code § 11.43 to allow for an application for a disabled veterans exemption up to the earlier of the first anniversary of the date the taxes were paid or the first anniversary of the date the taxes became delinquent. Effective September 1, 2001. HB 394-Keffer Business and Commerce Code Adds Section 17.835 to the Business & Commerce Code requiring a person to file an original inventory with the chief appraiser if they are going to conduct a going out of business sale. The chief appraiser must send notice of the filing to the comptroller and the taxing units affected within five business days after the inventory is filed with their office. Effective September 1, 2001. HB 506-Smith, Todd Tax. Code § 11.26 Amends §§ 11.26 (g) and (h) to allow surviving spouses to transfer their over 65 tax freeze. For anyone qualifying for the exemption, they should be treated as if it went into effect on August 25, 1997. Effective January 1, 2002. I-IB 824-Ellis, Dan Tax Code § 11.23 Section 11.23, Tax Code, is amended to exempt county fair associations from ad valorem taxation concerning the buildings it owns and uses to hold agricultural fairs. This bill would make certain that horse and dog racing facilities do not qualify. Effective January I, 2002. I-IB 1100-Lewis, Ken Tax Code § 21.031 Section 21.031, Tax Code, is amended to clarify that a vessel or other watercraft to be Used as an instrumentality of commerce or a special-purpose vessel or other watercraft that is under construction in this state is presumed to be in interstate commerce and therefore not located in this state for longer than a temporary period. This same test is applied to vessels under construction and tangible personal property that will be incorporated into the vessel. Effective January I, 2002. HB 1194-Brimer Tax Code Amends Section 312, Tax Code, regarding the eligibility of certain property owned or leased by a local official for ad valorem tax abatement or tax increment financing. It clarifies that property, subject to a tax abatement agreement in effect when the person becomes a member of the governing body or of the zoning or planning board or commission, does not become ineligible for the tax increment f'mancing. Effective September I, 2001. HB 1392-Keffer Tax Code § I 1.43 Section.11:43(c), Tax Code, is amended to provide that once an ad valorem tax exemption for certain community housing development organizations is allowed, it need not be claimed in subsequent years. Amendment requires a Community Housing Development Organization to notify the chief appraiser if a property receiving aa exemption under § 11.182 is acquired or sold. Effective June 14, 2001. To receive this report via e-mail rather than U.S. Post, 1 e-mail marla.gostisha~publicans.com 5/9/2002 4:18 PM Ifydu have qffcstions about the bills, please call Bruce Anderson at 800-262-7229 x 1226 HB 3121-Ritter Tax Code 11.31 Requires TNKCC to adopt rules to implement the pollution control exemption. Such rules must ensure that the determinations made are equal and uniform and ensure that property used for the production of goods and services is not exempt. A chief appraiser or property owner would be allowed to challenge the determination of the TNKCC. Effective September 1, 2002. lib 3123-Alexander Adds new Section 23.521, which authorizes Parks and Wildlife Department, with the assistance of the Comptroller, to develop standards to determine qualification under §23.51(7) (wildlife management). The Comptroller shall adopt the standards and distribute to appraisal districts, and they must be followed by the districts and by ARBs. The standards may specify minimum acreage required for wildlife management appraisal, talcing into account factors such as the activities conducted, the type of indigenous wildlife propagated, the region of the state, or other relevant factors. The standards may also require a written wildlife management plan upon request of a chief appraiser. Repeals Section 23:52(g), which currently requires the Comptroller, with assistance of Parks and Wildlife, to develop rules for appraisal districts to use in determining wildlife management qualification. Effective September 1,2001. liB 3383-Davis, Yvoune Tax Code § 11.182 Section 11.182(0, Tax Code, is added to allow the governing body cfa taxing unit to require an organization entitled to an exemption under subsection (a) to show that at least forty percent of the exemption value will be expended on social, educational, or economic development services for the residents of the property. Effective January 1, 2002. HJR 44-Flores Tex. Const. Art. VIII § 1 Allows the legislature to exempt travel trailers from ad valorem tax effective January 2002. Election November 6, 2001. House Bills Collections I-lB 337-Hawley Alcoholic Beverage Code Alcoholic Beverage Code is amended to allow the Alcoholic Beverage Commission to cancel or deny a permit for the retail sale or service of alcoholic beverages if it finds that the permit holder or applicant have not paid delinquent ad valorem taxes due on the permitted premises or due from a business operated on the premises. Effective September 1, 2001. lib 468-Solomons Tax Code § 32.015 Section 32.015, Tax Code, is amended to provide that tax liens will no longer be fried with the Department of Housing after September 1, 2001. Instead, a tax lien on a manufactured home will be established in the manner provided by Sections 32.0I and 32.05. The Transportation Code is amended to require each application for a permit to transport a manufactured home be accompanied by a certificate from the tax assessor-collector for each taxing unit in which the home is located stating that there are not unpaid ad valorem taxes on the home due. ffthe home is not listed on the most recent tax roll of each taxing unit, the permit must also be accompanied by evidence showing the home was moved into the taxing unit after January 1 or a certificate from the appraisal district stating the owner has provided the appraisal district with information sufficient to list the home on a supplemental appraisal roll. There is a $500 f'me for moving a manufactured home with out the accompanying permits and certificates. Effective September 1, 2001. I-IB 490-Heflin Tax Code An individual may not serve on the appraisal district board of directors, ARB, or be chief appraiser if they own property with delinquent taxes. A tax collector may continue to collect vehicle inventory tax even if taxes are assessed and collected by another taxing unit or the appraisal district. An ARB member may be removed from their position for ex parte communications or conflicts of interest. In cases of litigation, taxpayer information held by the appraisal district, otherwise confidential, may be disclosed to the attorney representing a taxing unit in the collection of delinquent taxes. A To receive this report via e-mail rather than U.S. Post, 3 e-mail marla.gostisha~publicans.com 5/9/2002 4:18 PM Ify6a have qdestions about the bills, please call Bruce Anderson at 800-262-7229 x 1226 I-IB 1876-Gray Tax Code § 33.71 Section 33.71, Tax Code, is amended to allow au attorney appointed a master to practice law in the referring court if qualified to do so. Effective May 24, 2001. liB 2185-Goolsb¥ Local Government Code Amends Section 130.0045, Local Government Code, to allow the county tax assessor-collector to set the fee for processing certain payments by credit card. Effective June 11,2001. liB 2832-Smithee Tax Code § 31.11 Section 31.1 l(g), Tax Code, is added to provide that if a taxpayer submits a payment of taxes that exceeds by $5 or more the amount of taxes owed, the collector shall mail written notice of the amount of overpayment accompanied by a refund application form. This same language is in HB 490, which is effective on September 1, 2001. Effective January 1, 2002. I-lB 3162-Brown Local Government Code Authorizes municipalities to accept payment of fees, f'mes, court costs, and other charges by credit card or other electronic means without charging au additional fee. Effective June 11,2001. I-IB 3364-Menedez Tax Code 33.06 Allows au individual who is disabled as defined in 11.13(m) to defer or abate a suit to collect delinquent taxes. Effective June 14, 2001. I-lB 3626-Puente This bill relates to the ratification of the creation of the Tri-County Groundwater Conservation District, including the administration, powers, duties and operation of the district. The district has the authority to levy an ad valorem tax in the amount of 1 cent per $100 of assessed valuation. Effective September 1, 2001. HB 3634-Farrar Local Government Code Amends the Local Government Code to create the North Side Management District. The District has the authority to impose au ad valorem tax and issue bonds. Effective June 16, 2001. House Bills Schools HB 1532-Kuempel Education Code Section 42.302, Education Code, is amended to provide that the total amount of maintenance and operations taxes collected by a school district with alternate tax dates is the amount of taxes collected on or after Sanuary 1st of the year in which the school year begins. Earliest effective date September 1, 2001. I-IB 3343-Sadler Education Code Amends the Insurance Code and Education Code to provide for the operation and funding of certain group coverage programs for certain school and educational employees and their dependents. All school districts would receive $75 per month to cover insurance costs. School district size determines the group or local insurance plans. The rollback tax rate formula for school districts receiving funds for teaching health benefits is changed. This bill also raises the allowable wealth per student and provides additional state aid. Effective September i, 2001. To receive this report via e-mail rather than U.S. Post, 5 e-mail marla.gostisha~publicans.com 5/9/2002 4:18 PM If yo'u have qt~estions about thc bills, please call Brace Anderson at 800-262-7229 x 1226 HB 1081-Cook Water Code Amends the Water Code to create the Fayette County Groundwater Conservation District. To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may impose an ad valorem tax at a rate not to exceed two cents on each $100 valuation of taxable property. Effective September 1,2001. HB 1200-Brimer Tax Code Amends Chapter 313, Tax Code, as it relates to the enactment of the Texas Economic Development Act. The Act would authorize the continuation of the Property Kedevelopment and Tax Abatement Act, including the authorization of certain ad valorem tax incentives for economic development, including authorizing school districts to provide tax relief for certain corporations and limited liability companies that make large investments and create or maintain jobs. At least 80 percent of the jobs created must be "quaiified jobs' and the property owner may create as few as 10 jobs to qualify for the incentives. This bill is aimed at high-tech clean rooms. Effective September 1,2001. I-lB 1448-Oliveira Tax Code § 312.204 Amends the Tax Code to allow a governing body to agree with the owner of a leasehold interest in tax-exempt real property that is located in a reinvestment zone, but that is not in an improvement project financed by tax increment bonds, · to exempt a portion of the value of tangible personal property located on the real property, if the owner agrees to make specific improvements. Effective June 13, 2001. HB 1449-Oliveira Tax Code § 312 and 320 Amends the Tax Code to continue the life of the Property Redevelopment and Tax Abatement Act until December 31, 2009. This bill also prohibits school districts from granting tax abatements after September 1, 2001. Effective June 13, 2001. FIB 1833-Giddings Government Code Amends the Local Government Code to set forth provisions regarding the enforcement of certain health and safety ordinances, including access to property owner information, and alternate methods of the delivery of notice of violations of health and safety ordinances. Effective September 1, 2001. liB 1842-Callegari This bill relates to the creation, administration, powers, duties, operation, and financing of the West Harris County Regional Water Authority. Effective May 28, 2001. FIB 1869-Wohlgemuth 'Manufactured Housing Act A manufactured home is considered to be real property and therefore to be treated as attached to the land, unless the consumer designates the home as personal property. Effective September 1, 2001. HB 1922-McCail Government Code Adds Chapter 559, Government Code, relating to state government privacy policy. An individual would have a right to be informed about information collected on themselves and a right to correct any incorrect information. The bill would also establish a privacy task force to study issues related to the information practices of governmental bodies. Effective September 1,200l. HB 1990-Turner, Svlvester Local Government Code Amends the Local Government Code to provide for the creation of the Near Northwest Management District with the authority to impose taxes and issue bonds. Effective May 28, 2001. To receive this report via e-mail rather than U.S. Post, 7 e-mail marla.gostisha~publicans.com 5/9/2002 4:18 PM If yo'u have qu'estibus about the bills, please call Bruce Anderson at 800-262-7229 x 1226 I-~ 3552-Raymond Amends the Texas Manufactured Housing Act to change language relating to when a new HUD-code manufactured home is permanently affixed to real estate; and as to when a notice of attachment or certificate of attachment is filed in the real property records of the county. The state agency handling certificates of attachment must provide a report to the tax collector containing certain information on the owner and mobile home. Effective September 1, 2001. I-lB 3634-Farrar This bill creates the North Side Management District and authorizes the levy of an ad valorem tax. Effective June 14, 2001. I-lB 3642-Counts This bill creates the Lower Seymour Groundwater Conservation District and authorizes the district to levy an ad valorem tax not to exceed 5 cents for each $100 of taxable value. Effective June 17, 2001. HJR 45-Tillerf Tex. Const. Art. IV § 8 The Governor shall convene the Legislature to appoint presidential electors if the Governor determines that a reasonable likelihood exists that a final determination of electors will not occur before the deadline. Passed. Election November 6, 2001. H JR 75-Mowerv Amends the Texas Constitution to eliminate obsolete, archaic, redundant, and unnecessary provisions and to clarify, update, and consolidate certain other provisions. Passed. Election November 6, 2001. Senate Bills Appraisals SB 247-Shapleigh Tax Code § 25.025 Section 25.025, Tax Code, is added relating to confidentiality of certain appraisal records. Specifically makes the home address of peace officers and other criminal justice employees confidential if the individual chooses to restrict public access to the information. The Comptroller is charged with creating the form. This bill makes the same changes in the Open Records Act. Effective September 1, 2001. SB 248-Carona Tax Code § 11.252 Adds § 11.252 to exempt leased vehicles that are used primarily (at least 50 percent of the use) for activities that do not involve the production of income. The comptroller must create a form to be completed by the lessee, and the form must be maintained by the owner of the leased vehicle. The lessor must file a report with the Chief Appraiser covering all leased vehicles and information as to whether it is used for production of income. Effective January 1, 2002. SB 650-Carona Tax Code § 6.41 This bill amends Sections 6.41(b) and (e), Tax Code, to allow for the increase in size of the ARB from 15 to 40 members in counties with a population of 250,000 or more. It would also allow for the increase in the size of an ARB in counties with a population in excess of 500,000 from 30 to 75. Effective January 1, 2002. SB 862-Staples Tax Code § 11.251 Section 11.251(h), Tax Code, is amended to allow a property owner requesting an exemption for Freeport goods to have additional time to provide requested information. The property owner will not be late if they file before the date the appraisal review board approves the appraisal records. If the property owner does not deliver the requested information before the 31st day after the date the notice is delivered, but does deliver the information before the appraisal records are approved, the property owner is liable to each taxing unit for a penalty in an amount equal to 10 pement of the amount imposed by the taxing unit on the inventory or property and the amount that would otherwise have been imposed. The To receive this report via e-mail rather than U.S. Post, 9 e-mail marla.gostisha~publicaas.¢om 5/9/2002 4:18 PM Ifydu have qficstions about the bills, please call Bruce Anderson at 800~252-7229 x 1226 SB 1710-Van Putte Tax Code 312.206 Deletes the requirement that other taxing units execute a tax abatement agreement within 90 days of a municipal agreement. Provides that the execution, durations and terms of an agreement are governed by those provisions applicable to a municipality. Effective September 1, 2001. SB 1737-Cain Tax Code 25.195 Amends 25.195 to provide that for property appraised by a private appraisal finn pursuant to an appraisal district contract, the property owner is entitled to inspect and copy, at the office of the appraisal fn'm, all information the firm considers in appraising the property, including calculations, personal notes, correspondence, working papers, and thought processes. The information must be made available within 15 days after a written request. If the property owner requested the information, the ARB may not hold a hearing concerning the property until the finn has allowed inspection and copying or the owner withdraws the protest or motion. Effective May 26, 2001. SIR 6-Duncan Article VIII § 1-n exempts the same type of goods as the freeport exemption, except that the definition of property which qualifies includes property that is acquired or imported in order to be forwarded outside the state or to another location in the state. Goods in transit can be exempt under this bill if they are detained at a location not owned or under the control of the property owner for assembling, manufacturing, processing, or fabricating, and are transported out of the state, or to another location in the state within 270 after acquisition. This constitutional amendment was proposed ~n the 1998 session. Passed. Election November 6, 2001. Senate Bills Collections SB 201-Carona Local Government Code Amends the Local Government Code to authorize counties and municipalities to provide access to information and to enter into contracts for the payment of taxes, fees, or other charges through the ltuemet. The county or municipality may charge a fee for the access to recover direct and reasonable costs: Effective May 1 I, 2001. SB 256-Carona Tax Code Sec. 34.21(g)(2) Section 34.2 l(g)(2), Tax Code, is amended to add to the list of reimbursable costs on the resale of property smack offto a taxing entity. A taxing unit would be entitled to be reimbursed for the personnel and overhead costs reasonably incurred by the purchaser in connection with maintaining, preserving, safekeeping, managing and reselling the property, which are similar to those costs for which a purchaser at a tax sale can be reimbursed. Effective May 22, 200 I. SB 732-Barrientos Local Government Code Amends the Local Government Code to address the receipt of money by a county after the start of the fiscal year. The commissioners court may adopt a special budget for the limited purpose of spending revenue not included in the budget for that fiscal year. In addition, at least 60 days before the first day of the county's fiscal year, the assessor-collector shall prepare a budget for the expenditure of the funds maintained and controlled by a county tax assessor-collector that are not included in the county budget. The budget is not subject to approval by the commissioners court. Funds in those accounts may not be used to supplement the salary or cover the personal expenses of the assassor-collector. Effective September 1, 2001. SB 1736-Cain Tax Code 33.01i · Allows a taxpayer to qualify for a waiver of penalty and interest under this section if the taxpayer pays the taxes within three years of the date the taxpayer knows or should have known of the delinquency (currently is 21 days). Waiver of interest is mandatory upon a finding by the governing body. Effective June 30, 2001. To receive this report via e-mail rather than U.S. Post, 11 e-mail marla, gostisha~publicans.com 5/9/2002 4:18 PM Igyou have questions about the hills, please call Bruce Anderson at 800-262-7229 x 1226 SB 275-Shapleigh Government Code The comptroller is required to collect and make available before the beginning of the session information that details all economic development activities or projects. Included in the information is to be an analysis of the effectiveness of certain ad valorem tax exemptions. Effective June 15, 2001. SB 694-Wentworth Government Code Provides that a credit card, debit card, charge card, or access device number that is collected by a government body is confidential. E-mail addresses are also confidential. Effective September 1,200 I. SB 695-Wantworth Government Code Amends the Government Code as it relates to consultations between a governmental body and its attorney and authorizes a governmental body to conduct meetings by telephone conference call, video conference call, or comrmmications over the Interact. Effective May 7, 2001. SB 985-Duncan Tax Code § 312 Amends the Tax Code to authorize the governing body of a municipality to enter into an agreement with the owner of a leasehold interest in real property that is located in a reinvestment zone. It would allow the exemption of a portion of the value of tangible personal property located on the real property, for a period not to exceed 10 years, on the condition that the owner of the leasehold make improvements or repairs. Effective June 15, 2001. SB 986-Duncan Tax Code § 312 Amends the Tax Code to allow certain tax abatement agreements to provide for the recapture of lost ad valorem tax revenue if a property owner fails to comply with a tax abatement agreement requirement for creating jobs. Effective June 13, 2001. SB 1125-Armbrister Various Codes Amends various codes that relate to technical and non-substantive changes to statutes involving taxes or fees administered by the Comptroller of Public Accounts. Effective September 1, 2001. SB 1167-Madla Health and Safety Code Amends the Health and Safety Code regarding the operations of certain emergency service districts. Effective September 1, 2001. SB 1168-Madla Water Code Amends the Water Code to authorize counties to have a referendum to increase or decrease flood control taxes or the use of the funds generated by the taxes. Effective May 22, 2001. SB 1171-Madla Local Government Code The Commissioners Court of a county may authorize the collection of a transaction fee, equal to the amount charged by a vendor, for credit card payments. Effective May 15, 2001. SB 1226-Lindsa¥ Local Government Code Creates the Energy Corridor Management District with the Same powers granted to municipal management districts, including the right to levy an ad valorem tax to support its functions. Effective June 16, 2001. SB 1444-Brown Water and Local Government Code Amends the Water Code to provide for additional powers and authority regarding water districts. Provisions regarding the submission of an appraisal roll to a governing body, effective and rollback tax rates, tax rate, and election to repeal a tax increase exceeding the rollback tax rate do not apply to a tax levied and collected for payment of the interest on bonds issued by a district. Effective June 17, 2001. To receive this report via e-mail rather than U.S. Post, 13 e-mail marla.gostisha~publicans.com 5/9/2002 4:18 PM DELINQUENT TAX CI,W~NT LIST CITIES REPRESENTED BY LINEBARGER GOGGAN BLAIR PENA & SAMPSON LLP AMI~I~T AI~NONA ANTHONY BANq~I'~ ~ BIG SANDY (UPSHUI~) May 09,2002 ~ COPPELL ~ ¢c, lUm~ 1/4 DELINQUENT TAX CLIENT LIST CITIES REPRESENTED BY LINEBARGER GOGGAN BLAIR PENA & SAMPSON LLP ~ NI~W OP. LEA~S (LA) ~ QUF~NCiT~ ~ S~ ~ QUI~.A~ ~ May09,2002 3 / 4 DELINQUENT TAX CLIENT LIST SPECIAL TAXING DISTRICTS REPRESENTED BY LI~FEBARGER GOGGAN BLAIR PENA & SAMPSON I,I,P ~ DALLAS CO Im (~ARKLAND) ~ ~L PASO CO P. FPD # I (ESD # 2) ~ EL PASO CO WTK AUTHOKITY ~ ELpASO COMMCOLL - EL PASO COUN'rY WID # 01 ~ EL PASO DWNTWN MGMT DIST M~y 09,2002 1 / 4 DELINQUENT TAX CLW. NT LIST SPECIAL TAXING DISTRICTS REPRESENTED BY LINEBARGER GOGGAN BLAIR PENA & SA1VIPSON LLP ~o~s) ~ NORTHEAST TX COMM COLL DIST ~ITUS) ~ P~COUD ~ PASEO DE LA RESACA MUD # 01 ~ PASEO DE LA P, ESACA MUD # 02 - PASEO DE LA P,F~ACA MUD # 03 ~ qrJAm ~EEK MUD May09,2002 3 / 4 DELINQUENT TAX CI,W, NT LIST INDEPENDENT SCHOOL DISTRICTS REPRESEI~TED BY LINEBARGER GOGGAN BLAIR PENA & SAMPSON LLP May09,2002 DELINQUENT TAX CLEENT LIST INDEPENDENT SCHOOL DISTRICTS REPRESENTED BY LINEBARGER GOGGAN BLAIR PENA & SA1V~SON LLP LOS FRESNOS CISD LOUISE ISD LUFFd~ ISD ~ NORTI~IDE ISD (BEXAR) ~ QI.IEI~ CITY ISD ~ Q~ISD ~ RAINS ISD ~ RIVERCREST ISD (TALCO-BOGATA CISD) M~y 09,2002 3/4 DELINQUENT TAX CLIENT LIST COUNTIES REPRESENTED BY LINEBARGER GOGGAN BLAIR PENA & SAMPSON LLP SABINE COUN'I~ SAN AUGUSTINE cOLrNTY SAN PATRICIO COUNTY SAN SABA COUNTY M~y 09, 2002