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05-I Delinquent Tax Contract
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05-I Delinquent Tax Contract
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Last modified
11/17/2005 11:15:45 AM
Creation date
4/8/2004 2:08:30 PM
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Template:
AGENDA
Item Number
5-I
AGENDA - Type
RESOLUTION
Description
Delinquent Tax Collection Contract
AGENDA - Date
4/12/2004
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<br />STATE OF TEXAS§ <br />KNOW ALL MEN BY THESE PRESENTS: <br />COUNTY OF LAMAR§ <br />AMENDMENT NO. 1 <br />TO THE CONTRACT BETWEEN <br />THE CITY OF PARIS, TEXAS AND <br />LINEBARGER GOGGAN BLAIR & SAMPSON, LLP <br />WHEREAS,The City of ParisFirst Party <br /> on February 5, 2002, hereinafter (“”) approved <br />{Linebarger Heard Goggan Blair Graham Peña & Sampson, <br />a Contract with the law firm of <br />LLP}Second Party <br /> (now known as Linebarger Goggan Blair & Sampson, LLP and hereinafter “”), <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 />WHEREAS, <br /> 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 />WHEREAS, <br />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 />WHEREAS, <br /> 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 />WHEREAS, <br /> 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 />consecutive one (1) year terms as was the parties' original contractual arrangement; <br />NOW THEREFORE, <br /> 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 />I. <br />THE AMENDMENT <br />SectionIII <br />The following italicized language is hereby substituted for of the Contract: <br />First Party agrees to pay to Second Party as compensation for services required herein the <br />following amounts: <br />EXHIBIT A <br />1 <br /> <br />
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