R2002-0085 06-10-02 RESOLUTION NO. R2002-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH LINEBARGER, GOGGAN, BLAIR,
PENA & SAMPSON, LLP, FOR TAX COLLECTION SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Linebarger, Goggan, Blair, Pena & Sampson, LLP, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved·
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Linebarger, Goggan, Blair, Pena &
Sampson, LLP, for tax collection services.
PASSED, APPROVED and ADOPTED this the ~
A.D., 2002.
10 dayofJUNE
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
· COKER
CITY ATTORNEY
Exhibit "A"
R2002-85
CONTRACT FOR THE COLLECTION OF AD VALOREM TAXES
THE STATE OF TEXAS
COUNTY OF BRAZORiA
THIS CONTRACT is made and entered into by and between City of Pearland (hereafter
styled City), acting herein by and through its governing body, hereinafter styled City, and the law
firm of LINEBARGER GOGGAN BLAIR GRAHAM PEiqA & SAMPSON, LLP, whose
address is 1021 Main, Suite 1500, Houston, Texas 77282-3069, (hereinafter styled Linebarger).
This contract supersedes and is in place of any and all prior ad valorem tax contracts entered by
and between the parties.
City agrees to employ and does hereby employ Linebarger to enforce by suit or otherwise
the collection of taxes, and penalty and interest accrued on those taxes, owing to City and all
other taxing jurisdictions whose taxes are collected by City, as provided herein below. Taxes shall
become subject to the terms of this Contract upon the following dates, whichever first occurs: (1)
on February 1 of the year in which the taxes become delinquent if a previously filed tax suit is then
pending against the property subject to the tax; (2) on the date any lawsuit is filed with respect to
recovery of the tax; (3) on the date of filing any application for tax warrant where recovery of the
tax or estimated tax is sought and where the filing of an application for tax warrant by Linebarger
is at the request of City's Tax Assessor-Collector; (4) on the date of filing any claim in bankruptcy
where recovery of the tax is sought; or (5) on July 1 of the year in which the taxes become
delinquent.
II
Linebarger is to call to the attention of the collector or other officials any errors, double
assessments or other discrepancies coming under its observation during the progress of the work,
and is to intervene on behalf of City in all suits for taxes hereafter filed by any taxing unit on
property located within its corporate limits.
III
City agrees to pay to Linebarger as compensation for the services required hereunder
fifteen (15%) percent of the amount of all taxes, penalty and interest (excluding Section 33.07 and
Section 33.08 penalties) subject to the terms of this contract as set forth in Paragraph ! above,
collected by the Linebarger 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
Linebarger at the time payment of the taxes, penalty and interest is made to the collector. The
collector shall pay over said funds monthly by check.
IV
In those cases where collection of taxes are enforced by suit, City agrees to furnish to
Linebarger the name, identity, and location of necessary parties, together with legal descriptions
of property on which the taxes are due. Linebarger shall, however, advance all charges and
expenses on behalf of City, which are incurred in procuring such information. Any recovery of
such expenses by City under TEX TAX CODE ANN. {333.48 shall be paid over to Linebarger as
and when collected.
V
Linebarger shall indemnify and hold City harmless from and against all liabilities, losses
and/or costs arising from claims for damages, or suits for losses or damages, including reasonable
costs and attorney's fees, which may arise as a result of Linebarger's performance of the services
described in this contract. The indemnity provision of this contract shall have no application to
any claim or demand which results from the sole negligence or fault of City, its officers, agents,
employees or contractors. And furthermore, in the event of joint and/or shared negligence or
fault of City and Linebarger, responsibility and indemnity, if any, shall be apportioned in
accordance with Texas law and without waiving any defenses of either party. The provisions of
this paragraph are intended for the sole benefit of the parties hereto and are not intended to create
or grant any fight, contractual or otherwise, to any other persons or entities.
VI
The term of this contract is from June 1, 2002 to May 31, 2004. Either party may
terminate this contract by giving the other party sixty (60) days advance notice of termination in
writing. In the case of such termination, Linebarger shall be entitled to receive and retain all
compensation due up to the date of said termination. Linebarger shall have six (6) months
following termination of the contract to prosecute all pending lawsuits, judgments and bankruptcy
claims filed prior thereto. City agrees to pay to Linebarger as compensation for such services
according to the terms in Paragraph III above. In consideration of the terms and compensation
herein stated, Linebarger hereby accepts said employment and undertakes the performance of said
contract as above written.
WITNESS the signatures of all parties hereto in duplicate originals this the
of '-~~ ,2002, Brazoria County, Texas.
day
CITY OF PEARLAND
P~sidin~OfficTer or D~signee
LINEBARGER GOGGAN BLAIR GRAHAM PEI~IA & SAMPSON, LLP