04-050 - R RESOLUTION
WHEREAS, the CITY OF PROSPER desires to continue to utilize the services of a private
attorney in accordance with the provisions of Section 6.30 and 33.07 of the Texas Property Tax
Code; and
WHEREAS, the CITY OF PROSPER wishes to contract with LINEBARGER HEARD
GOGGAN BLAIR GRAHAM PENA & SAMPSON, LLP for tax collection services.
Therefore, IT IS RESOLVED that the CITY OF PROSPER contracts with LINEBARGER
HEARD GOGGAN BLAIR GRAHAM PENA & SAMPSON, LLP for the collection of
delinquent taxes, and it is further resolved that the Mayor of the CITY OF PROSPER is authorized
to execute on behalf of the CITY OF PROSPER the contract as presented by LINEBARGER
HEARD GOGGAN BLAIR GRAHAM PENA & SAMPSON, LLP providing for such service.
PASSED AND APPROVED this, the I( day of tl1 1L ;)AD 1999.
l,
Stephen Coffman,
City of Prosper
ATTEST:
Secretary
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CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES
THE STATE OF TEXAS
COUNTY OF COLLIN
THIS CONTRACT is made and entered into by and between the CITY OF PROSPER, on
behalf of the CITY OF PROSPER and on behalf of the collector of taxes for its taxing authorities
for whom it collects delinquent taxes, acting herein by and through its governing body, hereinafter
called First Party, and LINEBARGER HEARD GOGGAN BLAIR GRAHAM PENA &
SAMPSON, LLP, Attorneys at Law, hereinafter called Second Party.
First Party agrees to employ and does hereby employ Second Party to enforce by suit or
otherwise the collection of all delinquent taxes, penalty and interest, on behalf of the CITY OF
PROSPER and on behalf of the collector of taxes for its taxing authorities and all authorities for
whom it collects delinquent taxes, within the CITY OF PROSPER, owing to the CITY OF
PROSPER and the units for which the CITY OF PROSPER collects, 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 that suits resolved before the
first day of July must include current year delinquent taxes, which are also subject to the terms of
this contract.
II.
Second Party is to call to the attention of the collector or other officials any errors, double
assessments, or other discrepancies coming under the observation during the progress of the work,
and is to intervene on behalf of the First Party in all suits for taxes hereafter filed by any taxing unit
on property located within its geographical limits.
III.
First Party agrees to furnish delinquent tax statements to Second Party on all property within
the taxing jurisdiction. Second Party will furnish forms for said statements on request and will
assume responsibility for having penalty and interest computed on statements before such statements
are mailed to property owners.
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IV.
Second Party agrees to file suit on and reduce to judgment and sale any property located
within the CITY OF PROSPER against which a lien would prevail, provided, First Party will
furnish the necessary data and information as to the name, identity, and location of the necessary
parties, and legal description of the property to be sold. Second Party agrees to sue for recovery of
the court costs as provided by Tex. Prop. Tax Code Sec. 33.48 (Vernon 1979).
V.
Second Party agrees to make progress reports to First Party on request, and to advise First
Party of all cases where investigation reveals taxpayers to be financially unable to pay their
delinquent taxes.
VI.
First Party agrees to pay Second Party 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 Second Party at the time payment of taxes, penalty and interest is made to the collector. The
collector shall pay over said funds monthly by check.
VII.
This contract shall commence upon the date executed, and shall continue until terminated
for cause by either party, with a statement of the cause or reasons for such termination, after giving
Second Party a reasonable opportunity of explaining or rectifying the same. First Party shall have
the right to terminate this contract for cause by giving thirty (30) days' written notice of such
intention. In case of such termination, Second Party shall be entitled to receive and retain all
compensation due up to the date of said termination. On termination of this contract, Second Party
shall have an additional six months after termination to reduce to judgment all suits filed prior to the
date last mentioned, and provided further that Second Party shall handle to conclusion all suits in
which trial court judgments are obtained during the period of this contract and which are appealed
by any party. In consideration of the terms and compensation herein stated, Second Party hereby
accepts said employment and undertakes the performance of this contract as above written.
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VIII.
This contract is executed on behalf of First Party 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.
WITNESS the signatures of all parties hereto in triplicate originals this, the 11 day of
WO) , AD 1999, COLLIN COUNTY, TEXAS.
CITY OF OSPER LINEBARGER HEARD GOGGAN BLAIR
GRAHAM PEINA & SAMPSON, LLP
By:
STEPHEN COFFMAN By:
MAYOR DeMETRIS A. SAMPSON
PARTNER
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