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HomeMy WebLinkAbout020275 RES - 04/19/1988A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXTENSION OF THE CONTRACT WITH CALAME, LINEBARGER, AND GRAHAM FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an an extension of the contract with Calame, Linebarger, and Graham for the collection of delinquent ad valorem taxes, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: City Secretary APPROVED:/2 DAY OF HAL GEORGE, CITY ATTORNEY By ty Attorney 206CB033.ord THE CITY OF CORPUS CHRISTI, TEXAS 9 20275 M1CROFIIMED CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF NUECES X X X THIS CONTRACT is made and entered into by and between the CITY OF CORPUS CHRISTI, P. O. Box 9296, Corpus Christi, Texas 78469, a municipal corporation, home'rule city, and body politic duly authorized under the laws of the State of Texas hereinafter called CITY and the Law Firm of CALAME, LINEBARGER, & GRAHAM, in association with the Law Firm of NICOLAS, MORRIS AND BARROW, 505 South Water Street, Suite 515, Corpus Christi, Texas, hereinafter called LAW FIRM, entered pursuant to the provisions of Section 6.30, Texas Property Tax Code, based on the consideration and undertaking stated herein. I. The CITY agrees to employ and does hereby employ the LAW FIRM to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to the CITY and all other taxing jurisdictions whose taxes are collected by the CITY. Current taxes falling delinquent within the period of this contract shall become subject to its terms when placed in litigation or on the first day of July of the •year in which the taxes become delinquent, whichever date is sooner. I1. The LAW FIRM is to call to the attention of the collector or other officials any errors, double assessments or other discrepancies coming under its observation during the progress of the work, and is to intervene on behalf of the CITY in all suits for taxes hereafter filed by any taxing unit on property located within its corporate limits. The CITY agrees to pay to the LAW FIRM as compensation for the services required hereunder fifteen (15%) percent of all delinquent taxes, penalty, and interest that are subject to the additional penalty provisions of Section 33.07 of the Property Tax Code; and the amount of attorneys fees actually collected in all tax suits pursuant to the authority of Section 33.48 of the Property Tax Code. The CITY also agrees to pay the LAW FIRM fifteen (15%) percent of all delinquent taxes collected in bankruptcy matters. All compensation above provided for shall become the property of the LAW FIRM at the time payment of the taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. IV. The CITY has enacted Ordinance No. 18845 which assesses an automatic fifteen (15%) percent penalty to offset the costs of collection of the delinquent taxes pursuant to the additional penalty provisions of Section 33.07, Property Tax Code. The LAW FIRM agrees to prepare and mail at its expense the Notices that are required to be sent to delinquent taxpayers thirty (30) to sixty (60) days prior to the imposition of the additional penalty. V. The LAW FIRM agrees as an objective to contact the person who is legally responsible for the delinquent taxes on an account and induce that person to clear the account as soon as possible. This objective will be met by mailings to taxpayers on monthly intervals. VI. The LAW FIRM agrees to represent the CITY in all bankruptcies, including filing claims, monitoring the bankruptcy process, attending hearings, as necessary, and otherwise insuring the City's interests are protected in delinquent tax claims. VII. The LAW FIRM agrees to follow the CITY'S instruction with regard to installment payment plans in hardship cases and homestead cases whether the property owner is 65 years of age or not. VIII. The LAW FIRM agrees to the payment of all court costs which the CITY would be legally obligated to pay and which are incurred in the performance of this contract. In this connection, the LAW FIRM will attempt to collect from the delinquent taxpayer all such costs as are assessable against the delinquent taxpayer. Specifically, the LAW FIRM agrees to pay any such costs including citations by publication, service costs, and out of state service costs if such collection cannot be made from the taxpayer. IX. The LAW FIRM agrees to provide the CITY with written monthly reports that conform with criteria promulgated by the CITY detailing its activities for the preceding month. X. The City agrees to employ and does hereby employ the LAW FIRM to enforce by suit or otherwise the collection of all delinquent assessments levied in connection with weed, demolition, and paving liens and any penalty and interest owing to the CITY thereby. The CITY agrees to pay the LAW FIRM as compensation for the services required under this contract section, 25% of all delinquent assessments, penalty, and interest collected during the time period covered by this contract and actually collected and paid to the CITY during the term of this contract, as and when collected. All such compensation provided for in this section shall become the property of the LAW FIRM at the time payment of the monies is made to the CITY. The CITY shall pay over said funds monthly by check. XI. The LAW FIRM agrees to defend any suit brought to challenge its employment on the basis of former Article IV, Section 27, Corpus Christi City Charter, and/or current Article IV, Section 10, Corpus Christi City Charter, and will indemnify and hold harmless the CITY for the amount of any final judgment awarded against the CITY by a court of competent jurisdiction of such basis. XII. The LAW FIRM agrees to comply with the conflict of interest provision of the City Charter and Code of Ordinances. The LAW FIRM agrees to maintain current updated disclosure of interest forms on file with the City Purchasing office throughout the term of this agreement. XIII. The term of this contract is for a period of two years, beginning July 1, 1988 and ending June 30, 1990. The LAW FIRM has six (6) months following termination of the contract to reduce to judgment all suits filed prior thereto. However, either party may cancel this contract at any time by giving notice in writing to the other party thirty (30) days prior to the cancellation of the contract. In any such event, the LAW FIRM shall have six (6) months following such termination to reduce to judgment all suits filed prior thereto. In consideration of the terms and compensation herein stated, the LAW FIRM hereby accepts said employment and undertakes the performance of this contract in accordance with the terms and provisions herein. WHEREFORE, WITNESS our signatures binding the parties hereto effective the 1st day of July, 1988. CITY OF CORPUS CHRISTI BY CITY MANAGER ATTEST: CITY SECRETARY CALAME, LINEBARGER & GRAHAM, NICOLAS, MORRIS do BARROW APPROVED AS TO LEGAL FORM: HAL GEORGE CITY ATTORNEY BY: DALE LINE ARGER 99.066.01 Corpus Christi, Texas day of (tprbLe, The above resolution was passed by the following vote: Betty N. Turner (it-/, David Berlanga, Sr. a - Leo Guerrero C1 i f Moss ait_Zillt, Bill Pruet (ity..,) Mary Rhodes aei Frank Schwing, Jr. (it/Xi 0 Mary Pat Slavik (. ) Linda Strong ail/ 20275 ,1988