HomeMy Public PortalAboutResolution No. 026-89 07-10-1989 RESOLUTION NO. 26-89
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CONTRACT FOR THE COLLECTION OF
DELINQUENT TAXES
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT is made and entered into by and between the
CITY OF RICHLAND HILLS, a political subdivision of the State of
Texas, acting by and through its governing body, hereinafter
called Taxing Authority, and PERDUE, BRANDON & FIELDER, Attorneys
At Law, Arlington, Texas, or their duly authorized
representatives, hereinafter called the Firm.
I.
• Taxing Authority agrees to employ and does hereby employ the
Firm to enforce by suit or otherwise the collection of all
delinquent taxes, penalty and interest owing to the Taxing
Authority which the Taxing Authority's Tax Collector refers to
the Firm, provided current years taxes becoming delinquent within
the period of this Contract shall become subject to its terms
upon the following conditions:
A. Taxes that become delinquent during the term of
this Contract that are not delinquent for any prior
year become subject to the terms of this Contract on
the 1st day of July, of the year in which they become
delinquent; and
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.
C. Taxing Authority reserves the right to make the
final decision as to whether or not to enforce by suit
any delinquent tax account turned over to the Firm for
collection.
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• II.
The Firm is to call to the attention of the collector or
other officials any errors, double assessments or other
discrepancies coming under their observation during the progress
of the work and is to intervene on behalf of the Taxing Authority
in all suits for taxes hereafter filed by any taxing unit on
property located within its taxing jurisdiction.
III.
The Firm agrees to make progress reports to the Taxing
Authority on request, and to advise the Taxing Authority of all
cases where investigation reveals taxpayers to be financially
unable to pay their delinquent taxes.
IV.
Taxing Authority agrees to pay to the Firm as compensation
for services required hereunder fifteen (15~) percent of the
total amount of all delinquent taxes, penalty and interest as
authorized by Section 33.01 of the State Property Tax Code, of
the years covered by this Contract which shall be paid to the
Firm in the following manner:
• Personal Pro ert Fifteen (15~) percent of the total
amount o~all a inquent taxes, penalty and interest as
authorized by Section 33.01 of the State Property Tax
Code, which are actually collected and paid to the
Taxing Authority's Collector of Taxes; such
compensation shall become the property of the Firm at
the time such delinquent taxes, penalty and interest
are actually paid to Taxing Authority's Collector of
Taxes.
Real Pro ert~: Fifteen (15~) percent of the total
amount~ll delinquent taxes, penalty and interest as
authorized by Section 33.01 of the State Property Tax
Code, which are actually collected and paid to the
Taxing Authority's Collector of Taxes by the taxpayer
or the result of a forced sale of such real estate;
such compensation shall become the property of the
Firm's at the time such delinquent taxes, penalty and
interest are actually paid to the Taxing Authority's
Collector of Taxes whether voluntarily by the taxpayer
or from the proceeds of a forced sale, whichever occurs
first.
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Other taxes, including current taxes, which are turned over
to the Firm by the Taxing Authority's Tax Assessor-Collector
because of the necessity for filing claims in Bankruptcy or for
any other reason become subject to the terms of this Contract at
the time they are turned over to the Firm and the Firm is
entitled to fifteen (15~) percent of any amounts actually
received by the Taxing Authority.
Said Collector of Taxes shall pay over said compensation to
the Firm monthly by check. In the event suit is necessary to
collect any of the delinquent taxes, penalty and interest as
authorized by Section 33.01 of the State Property Tax Code,
covered by this Contract, the Firm agrees to recover as
attorney's fees (Section 33.48 of State Property Tax Code) on
behalf of the Taxing Authority fifteen (15~) percent of all such
delinquent taxes, penalty and interest not covered by Section
33.07 of the State Property Tax Code.
V.
Taxing Authority agrees to furnish to the Firm all data and
information as to the name and address of the taxpayer, the legal
description of the property, years and amount of taxes due.
Taxing Authority further agrees to update said information by
• furnishing a list of paid accounts and adjustments to the Tax
Roll as necessary.
VI.
This Contract shall commence on July 1 19_gg_. and
end when both parties mutually agree: provi~d, -however, that
either party of this agreement shall have the right to terminate
this agreement by giving the other party thirty (30) days written
notice of their desire and intention to terminate this agreement;
and further provided that the Firm shall have an additional six
(6) months to reduce to judgment all tax suits filed prior to the
date this agreement becomes terminated.
In consideration of the terms and compensation here stated,
the Firm hereby accepts said employment and undertakes the
performance of this Contract as above written.
This Contract is executed on behalf of the Taxing Authority
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.
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WITNESS the signatures of all parties hereto in duplicate
originals this the 10th day of July A.D., 19~-~-,
Tarrant County, Texas.
PERDUE, BRANDON & FIELDER
Attorneys At Law
P. 0. Box 13430
Arlington, Texas 76094-0430
(817) 461-3344
By
C. DAVID
ATTEST: CITY OF RICHLAND HILLS
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