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06-R Tax Attorney ProposalsDRAFT ALICEkREWORK\CURRENT\Tax Atty Res Solic Proposals September 7, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE SOLICITING OF INFORMAL PROPOSALS FOR DELINQUENT TAX COLLECTION ATTORNEY FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of May, 1988, in Resolution No. 88-044, authorize a 15% penalty to be added to the delinquent tax accounts in accordance with Section 33.07 of the Texas Property Tax Code; and, WHEREAS, in order to add the 15% penalty to tax accounts which are delinquent on July 1 of a year, it is necessary for the governing body to direct that the same be added thereto and that the governing body enter into contract with an attorney for the purpose of collection of the delinquent tax accounts; and, WHEREAS, the City currently has a Professional Services Contract with Mr. T. K. Haynes, Esq., Attorney at Law, to serve as Delinquent Tax Collection Attorney for the City of Paris, said contract beginning on April 1, 1999, and expiring by its own terms on September 30, 2001, or until a successor is appointed, whichever occurs later; and, WHEREAS, the Mayor and the City Council have indicated their desire that informal proposals be received in determining delinquent tax collection services for a subsequent two (2) year term; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interests of the citizens of Paris that City Attorney Larry W. Schenk be authorized to seek informal proposals and to procure legal services for the collection of delinquent taxes and to execute, on behalf of the City of Paris, a Professional Service Contract for the same for a term of two (2) years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Attorney, Larry W. Schenk, be, and he is hereby, authorized and directed to seek informal proposals and procure legal services for the collection of delinquent taxes and to execute, on behalf of the City of Paris, a Professional Service Contract for the same for a term of two (2) years. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 10th day of September, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney PROFESSIONAL SERVICE CONTRACT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR This contract, emered into this 19th day of January, 1999, by and between the City of Paris, Paris, Texas, a municipal corporation of Lamar County, Texas, acting by and ~hrough its City Attorney, S¢ot~ P. Foster, duly authorized by Resolution No. 99-006, passed and adopted on the 1 lth day of January, 1999, hereinafter referred to as CITY, and T. K. Haynes, an attorney licensed to practice law by Lhe State Bar of Texas, a citizen of the City of Paris, Lamar County, Texas, hereinafter called ATTORNEY, wherein the parties contract and agree as follows: 1. That ATTORNEY agrees to serve as Delinquem Tax Collection Attorney from April 1, 1999, through September 30, 2001, or until a successor has been appoimed, whichever occurs later, performing those duties in accordance with the Texas Proper~y Tax Code. 2. That CITY agrees to pay ATTORNEY for his services as Delinquent Tax Collection Attorney fifxeen percent (15 %) of additional penalty assessed against ad valorem taxes payable to CITY and delinquent on July 1 of each year, and all other attorney fees permitted to be charged by the Texas Proper~y Tax Code upon which tax suits have been filed. IN WITNESS WHEREOF, the par~ies hereto have caused the contract to be executed hhis 19th day of January, 1999. By: CITY OF PARIS, PARIS, TEXAS Scott P. Foster, City Attorney ATTEST: Mattie Cunningham, City Cierk'~ STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Scott P. Foster, City Attorney of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19th day of January, 1999. ary Public, State,~f Texas STATE OF TEXAS § ~ I*~'-,~,-¥~ NOTARY PUBLIC { I,.L/ ZI STATE OF tEXAS ~My Camm. E~p. 09-20-2001 COUNTY OF LAMAR § ~1 ............ BEFORE ME, the undersigned authority, on this day personally appeared T. K. Haynes, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisl(~-t~,day of January, 1999. Notary Public, StatOof Texas NOTARY PUBLIC BTATE OF TEXAB