06-015 - R lerif �fohi 46/c
STATE OF TEXAS
COUNTY OF COLLIN )
AMENDMENT NO. 2
TO THE CONTRACT ("Contract")BETWEEN
TOWN OF PROSPER AND
LINEBARGER GOGGAN BLAIR& SAMPSON,LLP
WHEREAS,on May 11, 1999,the Town of Prosper(hereinafter"TOWN")approved a
Contract between the TOWN and the law firm of Linebarger Goggan Blair& Sampson,LLP
(formerly known as Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP)
(hereinafter"FIRM"); and on May 11, 2004 executed Amendment No.1 to the Contract; and
WHEREAS, TOWN wishes to turnover delinquent personal property taxes at the
earliest practicable date and wishes to defray its costs of collection as authorized by Texas
Property Tax Code Section 33.11;
NOW THEREFORE, by execution of this Amendment No. 2, the Contract and
Amendment No. 1 to the Contract are amended hereby as set forth below.
I.
The following language is hereby substituted for Section I of the Contract:
TOWN agrees to employ and does hereby employ FIRM to enforce by suit or otherwise
the collection of all delinquent taxes, penalty and interest owing to TOWN OF PROSPER,
provided current year taxes falling delinquent within the period of this contract shall become
subject to its terms on the first day of July of the year in which the same shall become
delinquent,except as otherwise provided herein. Lawsuits and bankruptcy cases filed before the
first day of July shall include current year taxes as allowed by law. Such taxes are also subject
to the terms of this contract. Further,in the case of delinquent tangible personal property,on the
60th day after the February 1 delinquency date, such taxes are subject to this contract.
II.
The following language is hereby substituted for Section VI of the Contract and Section I
of Amendment No. 1 to the Contract:
TOWN agrees to pay to FIRM as compensation for services required herein the
following amounts:
(a) fifteen percent (15%) of the amount collected of all 2002 and prior year
delinquent taxes, penalty and interest that are subject to the terms of this
contract, actually collected and paid to the collector of taxes during the term of
this contract, as and when collected; and
(b) twenty percent(20%) of the amount collected of all 2003 and subsequent year
delinquent taxes,penalty and interest that are subject to the terms of the 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 FIRM at the time
payment of taxes,penalty and interest is made to the collector. The collector shall pay over said
funds monthly by check.
The TOWN may at its sole discretion turn over to the FIRM selected accounts for
collection prior to July 1,except as otherwise provided in Section I hereto. The TOWN agrees
to pay the FIRM as compensation for collection activities on these accounts, including tax
seizures pursuant to which the compensation is a cost of the seizure,an amount equal to twenty
percent(20%) of the taxes actually collected.
In bankruptcy proceedings, eminent domain proceedings or other federal receivership,
the FIRM will be entitled to a fee of twenty percent(20%)of all amounts actually collected and
paid to the TOWN. Provided, however, that TOWN agrees to pay to FIRM as compensation
hereunder fifteen percent(15%)of the amount of all delinquent taxes, penalty and interest for
the tax years 2002 and prior.
III.
EFFECT OF THE AMENDMENT
By execution of this Amendment No.2,the Contract and Amendment No. 1 to the Contract
are amended. No other sections, provisions, clauses or conditions of the Contract or Amendment
No. 1 to the Contract are waived or changed hereby and they shall all remain in full force and effect
throughout the term of the Contract and any duly authorized extensions.
IN WITNESS'WHEREOF,by their signatures below,the duly authorized representatives of
Town of Prosper and of Linebarger Goggan Blair&Sampson,LLP do hereby agree and append this
Amendment No. 2 to the Contract dated May 11, 1999 and the Amendment No. 1 to the Contract
dated May 11, 2004.
Page 2
EXECUTED THIS theeP41 day ofa/1Gt , 2006.
TOWN OF PROSPER LINEBARGER GOGGAN
BLAIR& SAMPSON,LLP
arles Nis anger, or DeMetris Sampson, Partner
ATT ST:
anae Jennings, wn Secreta
APPROVED AS TO FORM:
Town Attorney
Page 3
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STATE OF TEXAS )
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COUNTY OF COLLIN )
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AMENDMENT NO.2
TO THE CONTRACT ("Contract")BETWEEN
TOWN OF PROSPER AND
LINEBARGER GOGGAN BLAIR& SAMPSON,LLP
WHEREAS,on May 11, 1999,the Town of Prosper(hereinafter"TOWN")approved a
Contract between the TOWN and the law firm of Linebarger Goggan Blair& Sampson, LLP
(formerly known as Linebarger Heard Goggan Blair Graham Pena & Sampson, LLP)
(hereinafter"FIRM"); and on May 11,2004 executed Amendment No.1 to the Contract; and
WHEREAS, TOWN wishes to turnover delinquent personal property taxes at the
earliest practicable date and wishes to defray its costs of collection as authorized by Texas
Property Tax Code Section 33.11;
NOW THEREFORE, by execution of this Amendment No. 2, the Contract and
Amendment No. 1 to the Contract are amended hereby as set forth below.
I.
The following language is hereby substituted for Section I of the Contract:
TOWN agrees to employ and does hereby employ FIRM to enforce by suit or otherwise
the collection of all delinquent taxes, penalty and interest owing to TOWN OF PROSPER,
provided current year taxes falling delinquent within the period of this contract shall become
subject to its terms on the first day of July of the year in which the same shall become
delinquent,except as otherwise provided herein. Lawsuits and bankruptcy cases filed before the
first day of July shall include current year taxes as allowed by law. Such taxes are also subject
to the terms of this contract. Further,in the case of delinquent tangible personal property,on the
60th day after the February 1 delinquency date, such taxes are subject to this contract.
II.
The following language is hereby substituted for Section VI of the Contract and Section I
of Amendment No. 1 to the Contract:
TOWN agrees to pay to FIRM as compensation for services required herein the
following amounts:
(a) fifteen percent (15%) of the amount collected of all 2002 and prior year
delinquent taxes, penalty and interest that are subject to the terms of this
contract,actually collected and paid to the collector of taxes during the term of
this contract, as and when collected; and
(b) twenty percent(20%) of the amount collected of all 2003 and subsequent year
delinquent taxes,penalty and interest that are subject to the terms of the 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 FIRM at the time
payment of taxes,penalty and interest is made to the collector. The collector shall pay over said
funds monthly by check.
The TOWN may at its sole discretion turn over to the FIRM selected accounts for
collection prior to July 1,except as otherwise provided in Section I hereto. The TOWN agrees
to pay the FIRM as compensation for collection activities on these accounts, including tax
seizures pursuant to which the compensation is a cost of the seizure,an amount equal to twenty
percent(20%) of the taxes actually collected.
In bankruptcy proceedings,eminent domain proceedings or other federal receivership,
the FIRM will be entitled to a fee of twenty percent(20%)of all amounts actually collected and
paid to the TOWN. Provided, however, that TOWN agrees to pay to FIRM as compensation
hereunder fifteen percent(15%)of the amount of all delinquent taxes, penalty and interest for
the tax years 2002 and prior.
III.
EFFECT OF THE AMENDMENT
By execution of this Amendment No.2,the Contract and Amendment No. 1 to the Contract
are amended. No other sections, provisions, clauses or conditions of the Contract or Amendment
No. 1 to the Contract are waived or changed hereby and they shall all remain in full force and effect
throughout the term of the Contract and any duly authorized extensions.
IN WITNESS'WHEREOF,by their signatures below,the duly authorized representatives of
Town of Prosper and of Linebarger Goggan Blair&Sampson,LLP do hereby agree and append this
Amendment No. 2 to the Contract dated May 11, 1999 and the Amendment No. 1 to the Contract
dated May 11, 2004.
Page 2
EXECUTED THIS the day of , 2006.
TOWN OF PROSPER LINEBARGER GOGGAN
BLAIR& SAMPSON,LLP
Charles Niswanger,Mayor DeMetris Sampson,Partner
ATTEST:
Shanae Jennings, Town Secretary
APPROVED AS TO FORM:
Town Attorney
Page 3