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Ord. 0586 02-26-90ORDINANCE NO. 586 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE LAW FIRM OF CALAME, LINEBARGER & GRAHAM AND THE CITY OF PEARLAND, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. That the facsimile of contract, annexed hereto, incorporated herein for all purposes, designated Exhibit "A", by and between the law firm of Calame, Linebarger & Graham and the City of Pearland, Texas, for the purpose of collection of delinquent taxes for the City of Pearland, Texas, is hereby authorized and approved. SECTION 2. The City Council finds that such contract is reasonable and necessary and that there are sufficient city funds for the availability of payment. SECTION 3. The Mayor and the City Secretary of the City of Pearland, Texas, are hereby authorized and directed to execute for and on behalf of the City the annexed contract documents, and counterparts thereof. PASSED and APPROVED on first reading this /Z, day of ATTEST: 14/ City Se etary A. D., 1990. Mayor 1 PASSED and APPROVED on second and final reading this n day of ATTEST: , A. D., 1990. City S retary APPROVED AS TO FORM: ity Attorney Mayor Pro Tem 0o- 2 10 . : r EXHIBIT "A" CONTRACT FOR THE COLLECTION OF DELINOUENT TAXES THE STATE OF TEXAS COUNTY OF BRAZORIA THIS CONTRACT is made and entered into by and between the CITY OF PEARLAND, acting herein by and through its governing body, hereinafter styled First Party, and the law firm of CALAME, LINEBARGER & GRAHAM, 1949 South I. H. 35, Austin, Texas, hereinafter styled Second Party. I 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 owing to First Party and all other taxing jurisdictions whose taxes are collected by First Party. Current taxes falling delinquent within the period of this contract shall become subject to its terms when placed in litigation or on the first day of July of the year in which the taxes become delinquent, whichever date is sooner. II Second Party 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 First Party in all suits for taxes hereafter filed by any taxing unit on property located within its corporate limits. )II First Party agrees to pay to Second Party as compensation for the services required hereunder fifteen (15%) percent of the amount collected of all delinquent taxes, penalty and interest for 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. With the exception of bankruptcies, said 15% shall be over and above such delinquent taxes, penalty and interest. All compensation above provided for shall become the property of Second Party 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 This contract is drawn to cover a period of two years beginning March 1, 1990. Thereafter, this contract will continue on a month to month basis until such time as First Party notifies Second Party that it does not wish to continue the agreement. This agreement may be terminated by First Party by the giving of thirty (30) days written notice thereof to Second Party. Second Party shall have six months following termination of the contract to reduce to judgment all suits filed prior thereto. In consideration of the terms and compensation herein stated, Second Party hereby accepts said employment and undertakes the performance of said contract as above written. 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. WITNE S the signatures of all parties hereto in duplicate originals this the 02-6 day of 19 Brazoria County, Texas. CITY OF PEARLAND First Party By a Mayor Pro Tem CALAME. LINEBARGER & GRAHAM Second Party BY ui�i�/�/ % ,7f fie For the Firm OFFICE OF THE CITY SECRETARY CITY OF PEARLAND, TEXAS TO: Barbara Lenamon DATE: February 27, 1990 Tax Department At the City Couracil of the referred to you for indicated: February 26, 1990 meeting of the City of Pearland, Texas, the following matter was appropriate disposal or for specific action as Passage on second and final reading of Ordinance No. 586, authorizing contract between the City and Calame, Linebarger & Graham. Documents attached: Ord. No. 586 /Th AsstCity Secretary Suspense date(s):