SS ~ Henry Eoketein ..............Commissioner Preclnat ~1
r- Lee Goff ....................Commissioner Precinct ~4
Earl Garrett ................Sher iff
end
Lawrence Ste ph ens ......... ..County Clerk
and the court proceeded to inspect renditions of tez payers sitting es a Boe rd of fique li za tion
s/ aZ {. -o-o-o-o-o-o.-o-o-
CONTRACT FOR THE COLLECTION OF DELINQUPNT TAKES
:THE STATE OF TEXAS ~
KNOW ALL MfiN BY THESE PRESENTS:
COUNTY OF K.BRR- ~ .
WHEREAS, the Commisaionera' Court, after having given to the Temea E. Nugent County
Attorney of Kerr County Thirty de ye' written notice to Pile delinquent tax suite, end
(13xnnicdx331nrncFxk[rfa~cxxxxxxxxxxxxxxxxxxxxxxxt[xinx[n,
fe ed re use
(2J he ving received Prom him a written statement declining the re qu eat oP this Court
-- to file delinquent Lea suite, for reasons therein ate Led, end waiving his right to the
30-day period and coneenting to the CourL'e entering into a contract with others for the
collection of delinquent taxes, without ewe iting the 30- day period,
and a record thereof having been made in the minutes of said Court; and
WHEREAS, the Commiaeionera' Court of Kerr County, Texas, joined by the Comptroller of
Public Accounts of the State of Taxes, deem it necessary and expedient to contract with some
competent attorney to enforce the collection of all ~ielinqu ant ate to and county taxes for e
per Dent of said taxes, penalties end in tereat ectue.Lly collected end pe id to the collector
of tease, es provided Sn Che pt er 21, Acts oP the Third Celled Session of the Thirty-eighth
Legie leture, Article 7335, Revised Civil Ste to tea, 1925, Chapter 6, Acts Fourth Celled Seeaio
of the Forty-f irat Leg is leture, Article 7335e, Yernon's Ann.Civ .St.; end Chapter 229, Acts of
the Forty-ae cond Legisle lure, Article 7264e, Yernon's Ann.Civ.St., and
WHEREAS, utter making ea investigation into the competency, ezperience end ability of
Darrell G. Lochte a licensed attorney, whose poet office address Sa Wes toe B1dg..Kerrville,
Tez, ea to his fitness for said work, end after cona:ldering the same, are of the opinion that
he is a proper party to take such steps ee may be neneeeary to enforce or assist in the en-
Por cement of the collection of au ch delinquent texea by the pre perati on, Piling and pushing
to a speedy conclusion ell suite for the collection thereof; and that he hen no of ficiel
conaectioa with any county office within said county, and that he is not related within the
second degree by affinity or within the third degree of conaengu Lnity to any member of the
Commiseionera' Court, the tez collector, or county or district attorney, now holding office
in said County.
NOW, THEREFORfi, THIS CONTRACT made and entered into by en_ between the County of Kerr,
Tezee, a body politic end corpo re te, acting he re Sn, and bythrough its Commisaionere' Court,
joined by the Comptroller of Public Accounts of the Ste to of Tezas, hereinafter styled First
Party, end Derrell G. Lo chte of the County of Kerr, :itete of Tezee hereinafter etyl ad Second
Party:
r-~ tl W I T N E S S E T H
Ngp9N 1.
First Party agrees to employ end does hereby employ Second Party to enforce by suit or
otherwise, end to eid end aesiat the loael officers :La the enforcement of the collection of
ell delinquent Sta to end County ad valorem tezea, penalty end intereet, end ell delinquent
cit Sea end towns) due any and ell political ~subdivis ions or defined die tri cta of said county .J sb
end State which the county tea collector reoeiv.ed and ra oeipta for, under the provisions of -
Articles 7254, R. S. 1925, and shovm to be delinquent upon the delinquent tea records of aeid
county from 1919 to the date of the termine tion of this contract es fined in Section IX hereof,
(Including au ch personal property or insolvent texas as the Commissioners' Court end Second
Pe rty mutually deem collectible.)
II.
Taxes which ere not now delinquent but which hereafter during the term of this contract
are allowed to Pell delinquent shell become subJe ct to the terms of this contract on September
let of the year in which the same shell become delinquent. And, further, with reference to
Laxea not now delinquent but which become delinquent during the term hereof, or taxes which
may have fallen dellnqu ant on February 1st, or subsequent thereto next preceding the date of
this contract, it is agreed that where suit is or has beau brought on any property f'or prior
years' delinquent taxes, second party shell iu dude in his action all to xea on the property
involved, delinquent before trial, whether he fore or after September 1st oP su rh year, a^d
where the Ste to and county or impleaded or intervene in a suit brought by en other taxing unit,
St shall be second party's duty to include in hie answer or intervention all tezes Jelin que^t
i
before Lriel, on the property involved, whether such taxes ehll Pell delinquent before or efts:
September 1st of such year end Sn ell such cases second party shell be entitled to the comm-
Sssion herein provided for collecting delinquent taxes.
III.
Second Party is to cell to the attention of the County tax collector or other officials
any errors, double assessments, or other discrepancies coming under hie obae rvation during the
progress of the work, end ell the rges on the tax rolls that show Prom 1919 to the date of the
termiha lion of this contract to be delinquent, which ere caused through error, conflicts doubly
renditions, illegal assessments, etc. A cancellation certificate shell be pr ape red on forms
furnished by the Ste to Comptroller of Public Accounts, Au atin, Texas, showing how such errors
came about, end which she 11 be au ff iciently full and compl eta as to Jus tlfy the Commisa ion era`
Court in ordering a cencelle tlon certificate issued and that will meet with the approval oP
the Comptroller of Public Aocounta, Auatln, 1'exea.
IV.
Second Party hereby agrees end obligates himself to commuaicete with each amt every per-
son, firm, association or corporation owing any of su rh tezee, with the view oP collecting
aeme and shell, before Piling suits for the re oov ery of delinquent tezea for shy year or
years, pre pe re end me it delinquent tea notices to the owner or owm era of se id property at
their lest kaovm address, covering all delinquent Leaea shown to be due on the taz rolls of
aeid county, es provided for in Article 7324, Revised C1vi1 Ste tutee, 1925, as amended by
Chapter 117, Pege 196, Acta of the Forty-Second Legie le tur e, Regular ~eeaion. In the event
the taxes, together with penalty and interest ere not paid withiu thirty (30) days from the
date of auoh statements end notices are meile d, Lhen Second Party eha 11 prepare, file end
Snstitute, ea Soon 88 pre cticel thereafter, a suit f'or the collection oP se id tease, penalty
and interest, which suit shell include ell peat due lases for all previous years on such tract
or tra eta and where there ere save rel lots Sn the same addition or au bd ivieion delinquent,
belonging to the aeme owner, or owners, ell aeid delinquent iota shell, be made the subJect
oP a single suit, and which au it shell be pr executed with dispatch to final Jud gme ht and sale
unl esa ea id taxes ere sooner colleoted.
SS 7
v.
-- ~ Second Party, where St is aeoeaeery to pre par• and file suite Łor the onforoed collection
oP deli hquent lazes on real property shall make and furnish en ebatrect of the property whioh
shell show the amount of delinquent tease due against each end every tract, lot or parcel of
lead, and shell eh ow the number of scree so delinquent and a correct desaripti on of the prop-
erty, the year delinquent, how 1t was the rged upon the taz rolls, the co rreot name oP owner or
owners of the property et the time St became delinquent, the parson from whom end the de to
Chet he or they derived tltle to ee id property and the volume end pe ge of public reoorda that
hie or their deed or other title evldan ce Sa of record, sad the date that ee ch su baequenL chary
of ownership occurred down to the present ownership; it aha 11 further show the name of say and
,all outeteadi ng lien holders and lease-hold ihteresta of record, end all other information
neoase~ry for the pt'oper prepare lion e~ filing of au it or suite for the collection oP del-
inquent fazes. And in cane au ch aba tra at le not placed with the pe pare in a court proceeding
it shell be Piled with the taz collector for the purp oee of msSntainlag its preservation
until euah time ae ell of the tazea to whioh it pertains, or such part thereof as ere held
to be due, ere pal d.
vI.
Second Party shall prepare or aid end eselat the County or District Attorney in prepar-
ing ell pets tl one, citations, notices by publication, personal service citations, no ti oee by
posting, judgments, noti cea of sale, orders of sale sad say end all other things ae oeesary
or required to De done for the collection of all delinquent tezea, and shell render ell
necessary end proper esais fence to eeah of the other offi care to the end that ell lazes ea seas
ed or unknown end unren dared now delinquent, or that may be some dellnquent during the life
of this contra ct and be eo reported on Comptroll ar'a forme pro vi d~ed therePOr, may be collected
and when collections are not made, to assist in reducing same to final judgment end aeL .
VII.
It being further agreed end understood that Second Yerty shall furnish et hie ovm ezpenee
ell stationery, legal blanks or forme, atampe, envelopes end printing, together with all labor
~~ ne oeseary to complete ae id oontraot including labor and ezpenae incurred in procuring data
sad information ae to the name, identity sad to nation of nsoeeaery per ties end is procuring
necessary legal desari ptiona of the property, and tae ezpeneee incurred in citing the defend-
eata by publi ce lice, in all oases where such axpeasea ere not collected ea cos to ageinat the
defendant or def andante in the fez suit sad that Second Party aha 11 pay off end die the rge any
end ell bills for any other ezpeaeea incurred in the prosecution of avid work, and it ie
hereby uad ereto od and agreed that said First Party shell not be reaponaible Por the payment
of such ezpenee or any pert thereof.
VII Z.
Fir at 1)arty agrees to pay to Seeoad Party ea compeaeatlon for the services hereunder
required 15 per cent (ao~t to ezoeed flf teen (15) Paz' cent) of the amount collected of all
delinqueht tezea, pane lty and interest of the years covered hereby, actually collected end
paid to the collector of taxes during the term of this oontraot, of whioh Second Party is
instrumental in collecting ea evidenced by copies of communication, fez no tl cea or abatracta
filed with the tax collector prior to the payment of such tez, including collection of tazea
oh property not ep peering on the eeaeaement ro lla nor shown delinquent but which would have
been so shown had it been properly easeesed, dle covered by 6e id Se pond Ferty, ee end when
collected, following the end of each month wl thin the period of this contract, accordingly
as the oo lie ctor ma ken up hie monthly reports. The per cent of compensation here referred
to shall be rontingent upon the collection of su di taxes ea by not of the Legia la lure are re-
quireil to be collected. Should any remission of penalty and interest on lanes appeerinB oa --
the delinquent records be made by legisle~ive enactment effective during the period of thla
contract, the same shall not be calleoted nor commission allowed thereon. Also, ed valorem
taxes, delinquent, levied against State owned property for oounty and district purpoa ea, the
payment of whi oh Se to be ta$en ogre of by Legia la rive epproprletlon provided for by Statute,
ere excluded from the provialone of this contract.
IX.
'Phis contreot shell be 1n for oe from April 10 1951, to December 31, 1952, both dates
inclusive (Not to extend beyond Decemb ar 31, 1952, the end of the present edminis tretion oP
the Commiae ionera' Court), end et the expiration of sa id per iod, this contract shell terminate,
exoapt the oont rector shall be allowed nix months 1n which to proaecutB to trial court judgmea
suits Piled prior to December 31, 1952. terminating date of this oontract provided, end shall
handle to conclusion ell au its in which trial court judgments ere obte fined during the period
of thla co ntrect and which are apps sled by any party. The Commie si oner s' Court and the State
Comptroller shall have the right to sooner terminate this contrs ct for cause giving thirty
(30) days' written notice of such intention, with a statement of the cause or reasons for
such termination, after giving Seaond Party a reasonable opportunity of explaining or recti-
fying the same. In Dane of such termination, Se oond Per ty she 11 be entitled to receive and
retain ell compensation due up to the date of sold termination.
x.
HePOre any commie siona ere paid out under the terms of this contreot, Second Party shall
furnish s good sad sufficient bond, payable to the County Judge end to his auccesaore in
office, in the sum of ~5 ,000.00 Dollera, (not to be lase then X5,000 eacordingly ea the
commieaione rs' Court deems just end proper) to be eaeouted by a solvent surety wmpehy, or
Sf executed by private parties, the bond she 11 be. slgaed by at least thr ae good and aufiicient
sureties owning unin~Umbered real eats to subject to ezeoution, oP value equal to the amount
oY bond end oondi ti oned upon the speoif is performs hoe of the terms hereof, in oluding the mak-
ing of reports, provl dad for is Soation YI of this contract, and further conditioned that he
shell forthwith pay over to the Taz Aaeeseor-Collector, or other persona justly entitled there-
to, any money or commissions paid him by mistake, through error, or otherwise, to which he is
not entitled under the terms of this oontract. Said bond shall be approved in open Commisa-
ion ere' Court, signed by the County Judge, filed ~ d recorded in the county clerk's of fine,
end a certified Dopy of same furnished the State Comptroller.
YI.
At the end of each month, or as soon thereafter ea th˘ Tax AseBaeor-Collector shall
have made up hie report showing collections made for su oh month, said Second Yarty shall have
access to said report and shall by comparison of the same with his own files or records of
service, copies of which he hee filed with the Tea Aeaesaor-Collector, make up Sn tripliaete
s report of oo lie otiona out of which he is entitled to aommi anion under Lhe terms of this
contract, Seaond Party shell also nave eocess to the collector's receipts for such oollect-
Son6 ahd shell, in his reports to be made oh forma iurniehad by the Comptroller, show eeoh
-'~
year end the lazes oolle sled therefor on a separate line; Aleo, where wile ctiona ere made ,
after au it has been filed end commis eloh allowed at a greeter or different rate under the terms
oP this contract, Se oond Party being guided by the file do oket of the clerk of the court,
eha 11 prepare ahd atte ch to his repo rte to be filed with the Tex Assessor-Collector a list
showing number of suit end date filed.
'SS/ After the report has be aA algned end sworn to by Ssaond Party two oopiee oP the name
-- shall be dellwred to th• Tex Aaeeasor-Collector, one to be attached to and sent with the
Collectorb monthly report to the Comptroller, the other filed in the Collector's office, sad
the third Dopy to be retained by the Second Party.
xu.
Ee oh month, after having received oo pies of the Don tractor's report ea provided Por in
the pr eoeding ee otion, end the oked the list oP tezea shown therein with his own report and
with copies of communioationa Piled with him, ae provided Por in Section VIII of Lh1s cont-
raot, and after having verlfied the oorreotne ss of commissions olaimed, the County Tez Asaeae-
or-GOllector is hereby euthorize8, ordered and dl re eted to deduct the above. ape oif ied per
cent of said tezea, pone lty and interest, or such amount as can be allowed under the penalty
end interest reetricti on, to whioh Second Party ie entitled, end to pay the same to him, un-
leas oth erwiae herein directed and to take hie receipt ea provided Por oa Form 10~, Cohtraot-
or'e Report, which when re cei ved_in the Comptroller's office will be the. Comptroller's auth-
ority to allow the said Tez Aaeeasor-Collector credit for the amount so psi d; provided, that
the Taz Aaeeasor-Collector before~oomplying with the prov ieiona of this seation shell first
aetiafy himself that the bond required of Second Party under the provisions of section % of
this co ntrect hee been epprov ed and pleoed on reoord is the offioe oP the oounty clerk; and
it Ss here further provided, tget should any queatioaariae~regarding oommisaion cleimsd the
Taz Aaeeasor-Collector shell withhold the payment of such oommi aei on or en amount equal there-
to, placing the same in escrow, end apply to the Ste to and County, accordingly ea they may
be efPected~, for information and direction es to the proper amount of commie lion due to be
allowed under the terms oP this contract.
Note: Should the Commisaionere' Court and the contracting party elect that the commisaiona
withheld be placed Sa en ee crow fund and pe id to Second Party otherwise than ea
provided in Section xII of this contract, another section setting forth the method
oP payment to the oontracting party should be added to sad inserted in this contract
preceding the lest page prepared for the aigneturee of tho contracting parties.
xul.
In order that the Tez Aaeeasor-Collector may be able to verify sad attest the correct-
neae of commissions claimed by Second Party, es evidence oP service and to entitle him to the
aommieaiona provided Por in thSs contract, Second Party shell file with the Tax Asaeeeor-
Collector prior to time of payment, copies of such oommunioetiona, taz notices or ebatracta
which shell be preserved by the Taz Aeeeaso r-Collector 1n some systematical order ae will
make them eeaily accesalble for the purpose of verification or Por such other value ea the
name may have in case it becomes necessary for the County end State to buy in such properties
et tez ea les, aeid copy or copies shall also contain such informs tion or reference ae will
enable the Tax Assessor-Collector to readily locate the tax ea it appears on hie delinquent
P orms and/ or delinquent records.
xrv.
It is further agreed end understood that this contract is for pare oral aervlcea and is
not trenafsreble or eeaignable without the written oonaant and approval of First Party, IL
is also agreed that the Commisaioaers' Court of said County shall furnish suitable apace Sn
or near the oou rthouse es convenient to the records of said County es may be for the purpose
of ce rr yang out this coast rect.
It shell be the duty of the Commisaionera' Court end of ell other offioiels of said
County to coopers to with end render such reasonable easiaten ce to said Second Party es the -~6 ~
circumstances may require, avid esaiatance, however, Se not to include the sotuel performanoe -
of the work herein designated to be performed by Second Party; end it being the duty of the
County Attorney or oP the Diatri ct Attorney (where there is not County Attorney) to actively
assist Second Yerty 1n the filing aid pus ping to a speedy conclusion all suits for the collect
ion of delinquent taxes, it is hereby provided that where the County or District ptto may
(where there is not County Attorney) shell fail or refuse to file and prosecute such suits
in good faith, the Attorney prosecuting suite under this contract is here fully empowered and
euthorized to proceed with such suite without the joinder and assia Lance of said County or
District Attorney.
IN CONSIDERATION oP the terms and compenaeti on herein ate tad, the Second Party hereby
accepts said employment end undertakes the performen ce of said coot rnct as above written.
~^II TNESS the signatures of all parties hereto in Lripli ce to originals, this the 10 day
of April, A. D. 1951, Kerrville, Kerr County, State of Texas.
BY
Jno. R. Leavell County Judge
Henry Ecke Lein
Commissioner, Precinct No. 1
V. D. Powell
Commiasione r, Precinct No. 2
Chea H Molter
Commiasi on er, Yrecin ct No. 3
Lee Coff
Commissioner, Precinct No. 4
FIRST PARTY
Derrell G. Lo chte
SECOND PARTY
THE STATE OF TEKAS
DEPARTMENT OF COMPTROLLER
I, the undersigned, Comptroller of Public Accounts of the State of Taxes, hereby join
the Commiseione ra' Court in the above contract to enforce the collection of delinquent taxes
in said County on this the 22 day of May, A, D, 1951.
Robert S. Calvert
COMPTROLLER
Examined end approved this 21st day of Me y, 1951_
Price Daniel
ATTORNEY GEN~tAL
-o-o-o-o-o-o-o-o-
No. 5172. COURT RECESSED, WEDNESDAY, LfAY 23, A. D. 1951 AT 5:00 O'CLO CK P. M. UNTIL SATURDAY,
MAY 26, A. D. 1951 AT 9:30 Q'CLOCK A. M.
-o-o-o-o-o-o-o-o-
No. 5173. COURT .RECONVENED, SATURDAY, MAY 26, A. D. 1951 AT 9:30 O'CLOCK A. M.
Pursuant to edjournme nt to Ken by Lh is court on 'Nednesde y, May 23, ~+. D. 1951, et 5:00
P. M., the following officers were present, to-wit:
Honorable Sohn R, Leavell........ .	County Judge			
Henry Eckstein ....................	Commissioner	Precinct	jjl	
V. D. Powell ......................	COmmisa loner	Precinct	~2	-~
Chas. H, Molter ...................	Commissioner	Precinct	N3	
Lee GofY ..........................	Commissioner	Precinct	N4	
Earl Garrett ......................	Sheriff			
and