1988-030CITY OF SOUTHLAKE, TEXAS
RESOLUTION NO. 88-30
A RESOLUTION OF THE CITY OF SOUTHLAKE,
TEXAS, APPROVING A CONTRACT WITH AN ATTORNEY
TO COLLECT DELINQUENT TAXES; PROVIDING AN
EFFECTIVE DATE
WHEREAS, Section 6.30 of the Property Tax Code provides
that the City of Southlake, Texas (the "City") may contract
with an attorney to collect its delinquent taxes and further
provides that the attorney's compensation be set in such
contract, not to exceed 20% of the amount of delinquent tax,
penalty and interest collected; and
WHEREAS Section 33.07 of the Property Tax Code provides
that an additional penalty, secured by a tax lien, may be
imposed to defray the cost of collection of taxes that remain
delinquent on July 1 of the year in which they become
delinquent, such additional penalty not to exceed 15% of the
taxes, penalty and interest due; and
WHEREAS, it is the intention of the City Council to
hereby approve a contract with an attorney for the collection
of the City's delinquent taxes, such contract to provide that
payment of such attorney's compensation for services provided
under the contract shall be from the additional 15% penalty on
delinquent taxes to be imposed by an ordinance of the City
Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
resolution as if copied in their entirety.
Section 2. That it is the intention of the City
Council to hereby authorize the City Manager to enter into a
contract, on behalf of the City, with the law firm of Hutchison
Price Boyle & Brooks, Dallas, Texas, as counsel to collect the
City's delinquent taxes pursuant to Section 6.30 of the
Property Tax Code.
Section 3. That such contract shall provide that
counsel be paid a fee of 15% of all delinquent taxes, penalty
and interest that are collected; and further, such contract
shall provide that current year taxes becoming delinquent
within the period of said contract shall become subject to the
terms of the contract on July 1 of the year in which said taxes
become delinquent.
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Section 4. That the form of the contract attached
hereto as Exhibit "A" be and is hereby approved, and that the
City Manager of the City of Southlake, Texas be and is hereby
authorized to execute such contract on behalf of the City.
Section 5. That this Resolution shall be effective
immediately upon its approval.
PASSED AND APPROVED this the r day of ,
1988.
CITY OF,-°SQJJTKY AKE ,
011WI 1,111 101WN71I
ATTEST:
By:
City" ecretary, City of Southlake,
Texas
APPROVED AS TO FORM:
City Attorney, Cit of Southlake,
Texas
2-
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CONTRACT FOR THE COLLECTION OF
DELINQUENT TAXES
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
THIS CONTRACT is made and entered into by and between the
City of Southlake, Texas, hereinafter referred to as the
City," and the law firm of Hutchison Price Boyle & Brooks,
3900 First City Center, Dallas, Texas 75201-4622, hereinafter
referred to as "HPBB."
I.
The City agrees to employ and does hereby employ HPBB to
enforce by suit or otherwise the collection of all delinquent
taxes, penalty and interest owing to the City, provided current
year taxes falling delinquent within the period of this
contract shall become subject to its terms on the first day of
the month of July of the year in which the same shall become
delinquent.
II.
HPBB is to call to the attention of the collector or
other officials any errors, double assessments or other
discrepancies coming under his 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.
HPBB agrees to make progress reports to the City on
request, and to advise the City of all cases where
investigation reveals taxpayers to be financially unable to pay
their delinquent taxes.
IV.
The City agrees to pay to HPBB as compensation for
services required hereunder fifteen (15) percent of the amount
collected of all delinquent taxes, penalty and interest of the
years covered by this contract, actually collected and paid to
the collector of taxes during the term of this contract as and
when collected. All compensation above provided for shall
become the property of the HPBB at the time payment of taxes,
penalty and interest is made to the collector. The collector
shall pay over said funds monthly by check.
0082sie
V.
The term of this contract shall be two (2) years
beginning on the day of , 1988.
me
This Agreement may be terminated by the City prior to the
ending date by the giving of thirty (30) days written notice of
said termination to HPBB. HPBB shall have an additional six
6) months to reduce to judgment all suits filed prior to the
ending date or termination date of this contract.
VII.
In consideration of the terms and compensation herein
stated, HPBB hereby accepts said employment and undertakes the
performance of this contract as above written.
VIII.
This contract is executed on behalf of the City by the
City Manager of the City who is authorized to execute this
instrument by resolution heretofore passed and duly recorded in
the minutes of the City Council.
WITNESS the signa ures of 1 parties hereto in duplicate
originals this the day of ,(, A.D. 1988, Tarrant
and Denton Counties, Texas.
I
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HUTCHISON PRICE BOYLE & BROOKS
HPBB")
By
For the Firm