3a9

No. 4255. TBgqARSFER OF X338.59 FROM KERR CODNTY LATERAL FDND TO ROAD & BRIDGE FUND ~2.
Thin the ~0.th day of August, A, D. 1949, by motion of Henry Eokatein, aecoad by Fur r, and
unenimouely approved by the Court that the County Clerk and County Treasurer trap afar Lha sum
of X336.59 from gerr County Lateral Fund to Road do Hr idge Fund to be used ezol usively for
lateral road in said Precinct No. 2.
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No. 4258. COURTS RECESS, TUESDAY, AUGUST 9TH, A. D. 1949 at 10;00 O'olook A, M., until
TUESDAY, AIIGDST 30TH, A. D. 1949, at 10;00 0'ol ook A. M. for the
purpose of publio Hearing on 1950 County Budget end Levy of 1949
County Taz•
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THE STATE OF TEXAS:
CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES
Received State Cc
er August 20,
Auet in, 5, Tezaa
COUNTY OF KERR KNOW ALL tT:N HY THESE PRESENTS: WHEREAS, The Commiasioner'e Court
after having given to the County ALt,orney of Kerr County Thirty days' written notice to file
delinquent t,ax suite, and having received from him a written statement declining the raqueat o
this Court *o file delinquent tan suite, for the reason therein at af,e d, and waiving hie right
to the 30-day period and aonaenting to the Court's entering into a contract wlth others for
the collection of delinquent taaea, without awaiting the 30-day period, and a record th ereof
having been made in Lhe minutea oP said Cour+.; end WHEREAS, the Commissioners' Court of Kerr
County, Teaas, joined by Lhe Comptroller of PuD lic Accounts of the State of Teaas, deem it
necessary and eapedient to contract with some competent attorney to enforoe the col le ct,i on of
all deli aquent State and county taxes fora per oeat of said tazea, pehalt lee and interest
acr, ual ly collected sad paid to the co ile ct or of Laaea, as provided in Chapter 21, Acts of *.he
Third Called Session of the Thirty-eighth Legislature, Arti ole 7335, Revised Civil Statutes,
1925, Chapter B, Aota Fourth Called Session of the Forty-first Legislature, Article 7335a,
Vernoa's Ann. Civ. St.; and Chapter 229, Aota of the Forty-second Legislature, Artiole 7261,e,
Veraon'e Am. Civ. St., and WHEREAS, after making an investigation into the oompeteaoy, ea- ICI,
parlance and ability of Darrell C. Lochte a 1l canned attorney, whose post office address la i
Kerrville, Teaas, sa to his fitness for said work, end alter consid erl ng the same, are of the ~I
opinion that he Se a proper party to take such a*•epa as may be necessary to enforce or assist I~
Sn the enforcement of the co llect,ioh of such delinquent taaea by the pr operation, filing and ',
pushing t,o a speedy conclusion sll suite for the collection thereof; and that he has no of fi- I'i
cial cohnectlon with say county official within said county, and that he ie not related within)
the second degree by affinity or within the third degree of consanguinity to shy member of the
commiasiohers' Court, the taz collector, or county or district attorney, how holding office ih
said County.
NOW, THEREFORE, THIS CONTRACT made and entered into 6y end between r,he County of Kerr,
Tessa, a body politic and corporate, noting herein, and by through its Commission era' Court,
joined by the Comptroller oP Public Aceo ants of the Stale of Tezaa, here lnafter styled First
Party, and Darrell G. Lo chte of the County of Kerr, State of Teaas hereinafter styled Second ~
Party:
WITNESSETH
I,
First Party agrees to employ and do ea hereby employ Second Party to enforce by suit or
oth erwiae, and t,o aid and ass Sat the local officers is Lhe enforcement of the collection of
all delinquent State and County ad valorem fazes, penalty sad interest, and all delinquent
taxes, penalty and interest (eacept taaea of independent eohool diatri ota and incorporated
cities and towns) due any end ell political aubdivisiona or defined diatriote of said oouhty
Art.lGlee 7254, R. S. 1925, and shown to be delinquent upon the delinquent taz records of said I 33 O
county Prom 1919 to the date of the termination of th Sa contraot ae fazed in Section I7C hereof -
(Including such pe raoaal property or insolvent tease as the Commiasionere' Court and Second
Party mur,ually deem coils ctible.)
II.
Taaea which are not now dells queht but whi oh hereafter during the term of this contraot
are allowed to fall delinquent shall become aubJe et to the terms of this ooh+.ra ct on September
let of the year in which the same shall become flellnquent, And, further, with reference to
ranee not now delinquent but which become delinquent during the term hereof, or +,eaes which me
have fallen delinquent on February let, or subsequent thereto nest preceding the date of this
contract, it is agreed that where suit is or has been brought oh any property for prior yearn'
de linquaht ceaes, ae cond party shall include is his action all taxes on the property involved,
delinq neat. before trial, whether before or after September 1st of such year, and where the
State and county or impleadad or intervene in a suit brought by another t.axing whit, St shall ~~
be ae cond party's Bury to Shclude ih hie ah ewer or ihterventioh all t,esea delinquent before I
I -,
trial, oh the property involved, whether such tease shall fall delinquent before or after
September let of such year and in ell such ceaes second party shall be entitled to the com-
mission herein provided for collecting delinquent tease.
III, ~
Secahd Party is to call to the attention of the Couhty tax collector or other officiela
any errors, double asaeasmenta, or other discrepan elan coming under hia observation during the
progress of +.he work, and all charges on the tea rol le that, show from 1919 to the date of the
termination oP t, hie contract to be delinquent, whiah are caused through error, conflicts doubl
renditions, illegal asseasmeh te, ate, A can cellatioh certificate shall be prepared on froms
furnished by the State Comptroller of Public Acc caste, Austin, Tezsa, showing how such errors
came about, end which shall be aufficlently full sad complete ea to Justify the Commisalohara'~
Court in ordering a can oellation oar tificate Sae ued and that will meet with the approval of th
Comptroller of Public Aaco uht a, Auatih, Teaea.
rv,
Second Party hereby afire ea and obi Sgates himself to communicate with eaoh and every perao ,
firm, sea oci anon or corporation owing any of eaoh ceaes, with the view of collecting same ahd
ahal 1, before filing suite for the recovery of delinquent ranee for any year or yearn, prepare
sad mail delinquent r.az notices t.o the owner or owners of said property at their last known
address, covering all delinquent tease shown to be due on the tea rolls of said county, ea pro
vid ad Por in Article 7324, Revised Civil Stat ut es, 1925, ea amended by Chapter 117, Page 196,
Acts of the Fort, y-aeoond Legislat are, Regular Sesaio n. In the event the ranee, together with
penalty and interest ere not paid within thirty (30) days from +,he date of each s*.atemen+.a and
^otioee are mailed, then Second Party shall prepare, file and institute, as soon ea practical
thereafter, a suit, for the collection of said ceaes, penalty and interest, which suit shall ih
elude all past due fazes for all previous years oh such r,ra c+, or tracts and Mhere there are
several lots in the same addition or aubdi via ion delinquent, belonging to the same owner, or
camera, all said delinquent lots aha 11 be made the aubJect of a single suit, and whiah suit
aha 11 be pr oaecut ed with din pat ch to final Judgement and sale uhlesa said taws are sooner
collected. V.
Seaond Party, where St is neceeegry to prepare and Ella suite for the enforced aolleotioh
of delinquent taxes on real property shall make and tarsi eh an abstract, of the property which
shall show the amount of delinquent tease due against eaoh end every tra ot, lot or par oel of
3 3 ( lead, and ettall show the number of acres so delinquent and a correct deeoriptloa of the
_ Ithe year delinquent, how it wen charged upon the tea rolls, the aorreat name of owner of owners
of the property at, the time it became delinquent, the person from whom sad the flat,e that he or
(they derived title to said property and the volume and page of public reoorda that his or their
deed or other +,itle evidenoe is of record, sad the date that ea oh subsequent ohange of own erahi,
occurred down to the present, owaerah ip; it shall further show the name of any and all outetead-
ing lien holders and lease-hold interests of record, and all other information necessary for th
proper preparation and filing of suit or suits for the tolls of ion of delinquent razes. And is
ones such abatra ct Sa not pleoed with the papers in a coiat prooeeding it shall be filed with
the taz oolle trot for the purp one of maintaining its preservation until such time as all of the
to which it pertains, or each part, rh ereof ae are held r.o be due, are paid.
DZ.
Second Party shall prepare or aid sad assist the County or Ci strict Attorney in preparing
all petitions, citations, aot,icea by publication, personal aervioe oitatioas, notices by poatl
S udgemeata, notl sea oP sale, orders of sale sad any and all other things necessary or required
to be done for the col le oti oa of all delinquent razes, and shall reader all ne oesaery and prop
e to each of the other officers to the end that all rases assessed or unknown and un-
now delinquent, or that may become deliaqu ant during the life of this contract and be
so reported on Comptroller's forma provided therefore, may be collected, and rdi en collent ions
are no+. made, +o nee let Sa reducing same to final fudgment and sale.
vIZ.
It being further agreed and understood that Second Party shell furnish at, his own ezp ease,
all a+sl ion er y, legal blanks or forma, stamps, envelopes and printing, together with all labor
neaeeeary to complete said contract is oluding labor sad eapease incurred in procuring da!a sad
inf ormatioa ae to the name, identity and location of ae oesaary parties and in procuring nacea-
eery legal descriptions of the property, and the ezp eases incurred in citing the defendants by
pub lioatioa, is all cease where au ch ezpea sea are not colleo+ed ae costs aginat, the defendant
for defeadaata is the taz suit and that Seoond Party eha 11 pay off sad die charge any and all Dil
_ for nay other ezpeaeas incurred in the proeeeution of said work, and it is hereby understood an
agreed chat. said First Party shall not be reapona Sble for the payment of such eapenae or any
part thereof.
vIII.
First Party agr~ea to paq Lo Second Party ae nampeaeation for the services hereunder re-
quired 15~ per oent (not to ezoeed fifteen (15) per oent) of the amount oollected of all de-
linquent taxes, penalty and interest of the years covered hereby, not wally oolleoted and paid
to the collector of tsaea during the term of this contract, of which Seoond Party Ss Sastru-
mental in collecting sa evidea cad by oopiea of oommunioari on, taz notl ces or abstracts filed
with the tan collector prior *,o the payment of such taz, Snoluding oollectioa of tease oa pro-
perty no+, appearing on the assessment rolls nor rhowa delinquent, but which would have Deen eo
shown had it been properly assessed, discovered by said Seoond Part, as and when oolle ct ed,
following the end of ea oh month within the period of thin contra at, accordingly as the colleo-
+.or makes up his monthly reports; provided, coat of collecting delinquent teaea shall not ex-
ceed t~ amount of penally sad interest, or an amount equal to such penalty and int erect of all
delinquent razes oo lleot ed under the terms of th is antra et (Chapter 229, Sea. 2, Regular
Session Forty-Second Legislature, having reference to regular 8˘ penalty and 696 interest). The
per cent of compeneati on here referred to aha 11 be contingent upon the tolls at ion oY such taxes
ee by act or the Lsglelature are required to be collected. Should nay remission of penalty and
interest on Lazes appearing on the delinquent records be made by legislative enaotmant effect- ,3 3 2
iva during the period of Lhis contract, the same shall not be collected hot commission allowed
there on. Also, ad valorem tease, delinquent, levied against State owned prop arty for county
and diatriet purposes, the payment of which is to be Laken Dare of by Legislative appropriatio
provld ed for by Statute, ere eaoluded from the provisions of this contract.
IX,
This contract shall be la for oe from August, 2nd, 1949, to Deoember 31, 1950, both dat ee ,
inclusive lNot to ezEehd beyond December 31, 1950, the end of the present administration of
i
the Commisa ion are' Court), and at the eaplrat ion of said period, this contract shall terminate
ezcept, the contractor aha 11 be allowed aia months in which to prosecute Lo trial court judg-
ment suits filed prior to December 31, 1950, terminating date of this contract provided, sad
aha 11 Handle to conciusioa all suite in whioh trial court judgmeate are obtained during the
period of this contra ct and which are appealed by ahq party. The Commissioners' Court sad the
State Comptroller shall have the right, to sooner terminate thin oontra et for cause giving
thirty (30) days' wrist ea notice of such iateatl on, with a statement of the oause or reasons 'i
Yor auoh terminar, ioh, after giving Second Party a reasonable opportunity of explaining or
rectifying the same. In case of such termination, Second Party aha 11 be entitled to receive
and rat sin all comps neati on due up to the date of said termination.
X. ~
I
Before any commissions are paid out under the terms of this oontra ct, Second Party shall
furnish a good sad sufficient bond, payable to the county judge and to hie aucceeaora in offic ,
in the sum of X5,000.00 Do liars, (Not t,o be lava shah ;5000 socord ingly ea the Commissioners'
Court deems just and proper) to be eaecutad by a solvent surety company, or if esecut ed by
private part.iea, the bond aha 11 be aigaed by at least three good and aufficieht sureties owe-
ing uhia cumbered real eatat,s aubje ct t.o eaeou*•ion, of value equal to the amount of bond and
conditioned upon the specific performance of the terms hereof, including the making of rep orta
provided for in Section XI of Chia contract,, and further conditioned that he shall forthwith
pay over to *•he tae collector, or other persona justly entitled thereto, any money or nom- '
min eions paid him by mistake, through error, or btherwiae, to which he is not eat Stied under _.
the Terms of this contract. Said bond shall De approved is open Commisaioaera' Court, si geed
by the county judge, filed and recorded Sn the county clerk's offioe, and a certified Dopy o2
same furnished the State Comptroller.
XI.
At the end of each month, or sa soon thereafter sa the tae toile of or shall have made up
aia report showing collections made for auoh month, said Second Party shall have acesa to said
report sad shall by comparison of the same with his own files or records of service, cops ea of
whioh he hsa filed with the tax collector, make up in triplicate a report oP collections out ~
of which he is entitled t.o commission under the terms of this contract, Second Party shall aia
have access to the collector's receipts for such tolls oti one and shall, in his reports to be ~
made on forms furnished by the Comptroller, show each year ahd the taws collected therefor on 11
a separate 11n e; Also, where toile ct lone are made after suit hsa been filed and commission
allowed at a greater or different rate uhder the terms of Chia contra ot, Second Party being --.
guided by the file docket of the clerk oY the court, shall prepare and et, to ch to aia reports
to be filed with the tax collector a List showing number of suit and date filed. After the ra
port hsa been aigaed and awo rn to by Saoond Party two copies of the same shall be delivered to
the Tea Colleot or, one to be att,a ohed to and sent, with the Colle at Dr's month ly report to the
Comptroller, the other filed in the Co118 ctor'9 office and the triird copy to be retained by th
.333second Party,
%II,
Each month, after having received cop iea of the aontra a+or'a report as provlded for in the)
preceding section, and checked the li at of tazea shown therein with his own report and with
c op iea of common) cat,io˘a filed wl th him, as provided for Sa Section XIII of th is contract, and
afrar having verified the cor rectneas of commiealona claimed, the county tsa oollect or is here-
by authorized, ordered and directed to deduct the above ape cifled per cent of said tease, penal
ty and interest, or soot amount ae can be allowed under the penalty and inteceat restriction,
to which Second Party is entitled, and to pay the same to him, unle se otherwise herein directed
and to take hie receipt as provided for on Form 107, Contraot or`s Report, whi ah when received
in r,he Comptr oller's office will be the Comptroller's authority to sll aw the said tax oollect or
credit for *.he amount eo paid; provided, that the tea collector before complying with the pro-
visions of this ae coon shall first eatiafy himself that the bond required of Second Party wade
the prove sl one oP Section % of Chia contract has been approved and placed on record in the off)
of the county clerk; and St Se sere fur+.her provided, that, should any question arise ragaTding
commie aeon claimed the taz collector shall with-hold the payment, of such commission or an a- I,
mount equal thereto, placing the same in ea orow, and apply to the State and county, according) yj
as they may be effected, for information and direction ae to the proper amount of sommiasion IIP'
due *.o be allowed under *.he terms of *. his contract. ~
Note: Should the Commiasionera' Court and the aont ra cting party elect that the eommisaiona j~~
with-held be placed in an escrow fund and paid to Second Party otherwise than as pro- '
vided Sa 3ect ion %II of thin contract, another section net*ing forth the method of pay-
went. to the contracting party should be added to and inserted Sa thin contra at preceding)
the last page prepared for the signet urea of *.he contracting parties,
xxn,
Ia order that the tea collector may be able to verify and attest the correctness of com-
misaio˘s claimed by Second Party, as evidence of service and to anti*.le him to the commiasiona
,provided for in this contract, Seoond Party shall file with the tae tolls of or prior to time of '
payment, copies of such communicat lone, tez notioea or abstracts which shall be preserved by
Ithe tae collector in some cyst erratical order as will make them esai ly socesaible for the pur-
l pose of verificaY,i on or for such other value as the same may have in case it beoomea necessary
I
for the coon*.y and State to buy in such properties at tea aalea, said copy or copies shall also)
~ coo*,ain aunt information or reference ˘s will enable the ken collector to readily locnr,e the ta{
gas it appears on his delinquent forma and/or delinquent records.
XN.
l
It is further agreed and understood that. this contract is for personal services and is not.
11~transferable or assignable wltho ut the written consent and approval of First Party, It Sa also
1, agreed that, the Commiasi on era's Co urL of said county aha 11 furniap salt able space in or near
ii the courthouse as convenient to the records of Bald county as may be for the purpose of carry-
ing out, his contract,
` xY,
It aha11 De the duty of the Commisaioaera' Court and of all ocher officials of said couatq
I t.o cooperate with and render such reasonable aseiatanoe to said Seoond Party as the circum-
i,
I~I stances may require, said esai area ce, however, is not to inolude the actual performance of the
work herein designated to De performed by Second Party; and it being the duty of the oounty
at*.ornep or of the district attorney (where there 1s not county art oraey) Lo aotively assist
Second Parry in the filing sad pushing t.o a speedy conclusion all suite for the collection of
delinquent ranee, it is hereby provided that where the county or dist,ri at attorney (where there
i~
~~19 not county attorney)ahall fail or refuse to file sad prosecute such suite in good faith, tiu
attorney prosecuting suits under this contract is here fully empowered and authorized Lo pro- I 3 3 7
ceed with such suits without, T,he join der and asalstance of said county or die+,ri ct att oraey. I _
IN CONSIDERATIOft of the terms and comp ensat,ion herein stated, the Second Party hereby
accepts said employment and undertakes the performance of said ooatract sa above written.
WITNESS the signatures of all parties hereto is triplioar,e originals, +.his the tad day
of August, A, D, 1949, Kerr County, State of Tezas,
HY
Iim W, Weatherby.. _~_County Tudge
H Bakatein
ae oner, rec act No. 1
V. D. Powell
ae oner, rec ao No. 2
Chas. H. Molter
omm sa oner, reo a No. 3
W. H. Furr
omm sa oner, eciac o. 4
FIRST PARTY
Darrell G, Lochte
1SiE STATE OF TEXAS
DEPARTMENT OF COMPTROLLER
I, the undersigned, Comptroller of Public Accounts of the Stake of Teaas, hereby join
Gommiasioaera' Court in the above contract to enYoroe the collection of delinquent teaea Sa
said county, on this the 24 day of August, A. D. 1949.
Robert I. Calvert
Ezemiaed end approved this 24th day of August, 1949.
Price Daniel
A
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No, 4257. COURT RECONVENED, TUESDAY, AUGUST 30TH, A. D. 1949, at 10;00 o~alook p, Y.
Pursuant to adj ourhaent :taken by Lh is Court the 9th day of Aug uet, A, D. 1949, at 10:00
p~oloak A. Y., for the purpose of HearSng oa County Budget for 1949-50, end Lavy of 1949 Rea
end say other matters that may be presented to the Court, the following off io axe ware present,
to-wiL:			
A9Id. JIY W. WEATH$RBY, - - - --	County Judge,		
Henry Eckstein, - - - - - - - -	Commiasioner,Preoiact	No.	1,
V. D. Powell, - - - - - - - - -	Commisai oner,Pr eainet	No.	2,
Chen. H• Molter, - - - - - - -	Commies inner ,Prea Snot	No.	3,
W. A. Furr, - - - - - - - - - -	Commiasi oner ,Pr eaiact	No.	4,
Sari Garrett, SheriYi and Lawr sane Stephens, County Clerk,	and the following procee dl nga were
had, Lo-rit;
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No• 4258. ORDER OF SPECIAL ffiECTION
I, Jim Y(. Weatherby, County 7gdge of Kerr County, Tazas, do, by the author Sty vested Sa m
deolare Chet a Spaniel Eleotion be had at the Court goose is Eleatloa Precinot No• 1 of Barr
~i, County, gtaL~ of Texea, oh the seaoad Toe sday in November, A, D. 1949, name being the 8th day
November, 19L9.
FOR THE PURP03E of adopting or rejecting Lhe Coastitut ion el pme admenta submitted by the 5
Legislature of Tezea at the Regular gaeaioa is 1949; and
FOA THE FURTHER PURPOSE of eleoting 81 members to the State Hoard of $dunatioa, sa pro-
'~ vided by the Aata of .the 51st Legislature, Regular Sesaioa, 1999.
IN TESTIMONY WHEREOF, I have hereunto algned my name offio ially and oauaed the 9e~, of tt