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2004-071-RES IMPOSING AN ADDITIONAL PENALTY FOR 2003 AND SUBSEQUENT YEARS DELINQUENT TAXES AND EXTENDING TERM OF CONTRACT WITH LINEBARGER GOGGAN BLAIR & SAMPSON
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2004-071-RES IMPOSING AN ADDITIONAL PENALTY FOR 2003 AND SUBSEQUENT YEARS DELINQUENT TAXES AND EXTENDING TERM OF CONTRACT WITH LINEBARGER GOGGAN BLAIR & SAMPSON
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Last modified
8/18/2006 4:27:27 PM
Creation date
4/27/2004 2:48:51 PM
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CITY CLERK
Doc Name
2004
Doc Type
Resolution
CITY CLERK - Date
4/12/2004
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<br />STATE OF TEXAS ~ <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />COUNTY OF LAMAR ~ <br /> <br />AMENDMENT NO.1 <br />TO THE CONTRACT BETWEEN <br />THE CITY OF PARIS, TEXAS AND <br />LINEBARGER GOGGAN BLAIR & SAMPSON, LLP <br /> <br />WHEREAS, on February 5, 2002, The City of Paris hereinafter ("First Party") approved <br />a Contract with the law firm of {Linebarger Heard Goggan Blair Graham Peiia & Sampson, <br />LLP} (now known as Linebarger Goggan Blair & Sampson, LLP and hereinafter "Second Party"), <br />under which Contract a fifteen (15%) percent commission on the taxes, penalty and interest <br />collected is provided as compensation for the Second Party; and <br /> <br />WHEREAS, the Texas State Legislature has found and declared, by its enactment of TEX. <br />TAX CODE ~ 6.30( c), that a twenty (20%) commission on the taxes, penalty and interest collected <br />is a reasonable fee for delinquent tax collection services of a private attorney; and <br /> <br />WHEREAS, TEX. TAX CODE ~~ 33.07 and 33.08 were amended by the Seventy Seventh <br />Legislature, by Act of May 17, 2001, to provide that certain taxes, in order to defray the costs of <br />collection, may incur an additional penalty equal to the compensation specified in the contract with <br />private counsel; and <br /> <br />WHEREAS, the source of the funds for private counsel's compensation is the additional <br />penalty paid by the delinquent taxpayer, rather than the public treasury; <br /> <br />WHEREAS, the current contract for services between the parties is on a month to month <br />basis, and the parties desire to renew their contractual arrangement for a period of two (2) <br />consecuti ve one (I) year terms as was the parties' original contractual arrangement; <br /> <br />NOW THEREFORE, for and in consideration of the recitals shown above, of Second <br />Party's increased costs of doing business, and of enhanced services by Second Party that will result <br />from the devotion of additional technological and human resources toward collection of delinquent <br />taxes, the Contract, by execution of this Amendment No.1, is amended hereby as set forth below. <br /> <br />I. <br />THE AMENDMENT <br /> <br />The following italicized language is hereby substituted for Section III of the Contract: <br /> <br />First Party agrees to pay to Second Party as compensation for services required herein the <br />following amounts: <br /> <br />1 <br /> <br />EXHIBIT A <br />
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