1988-099e
CITY OF SOUTHLAKE, TEXAS
0102 2RESOLUTIONNO. 60 "
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
Fielding, Barrett & Taylor, 8851 Highway 80 W., 300 Western
National Building, Fort Worth, Texas, 76116, 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 "A11 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 l day of x-X
1988.
CITY $ UT LAKE, TE S-`;'
By:
ATTEST:
By: ZI
City Secretary
City of Southlake,
APPROVED AS TO FORM:
City Attorney
City of Southl e,/xas
02/SL
M yor, pity of S'duthlake, Texas
mr` : ++
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 Fielding, Barrett & Taylor, 8851
Highway 80 W., 300 Western National Building, Fort Worth,
Texas 76116, hereinafter referred to as "FB&T."
I.
The City agrees to employ and does hereby employ FB&T 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.
FB&T 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.
FB&T 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 FB&T 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 FB&T at
the time payment of taxes, penalty and interest is made to
the collector. The collector shall pay over said funds
monthly by check.
V.
The — f6rm of this contract shall be two (2) years
beginning on the day of 7Z( -A
1988.
VI.
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 FB&T. FB&T 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, FB&T 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 signatures of allrties hereto in
duplicate originals this the day of A.D.
1988, Tarrant and Denton Counties, Texas.
CITY OF SOUTHLAKE, TEXAS
the "City")
By:
03/SL
FIELDING, BARRETT & TAYLOR
FB&T")
By: