ORDER NO 1502 RESOLUTION AND ORDER On this the 9th day Of May 19 83 at a regular meeting of the Commissioners' Court of Kerr County, Texas, there came on for consideration the making of a contract for the collection of delinquent taxes, and motion was made by FRED HOLI.AI~D County Commissioner of Precinct No. I seconded by VICTOR LICH County Commissioner of Precinct No. 3____, that subf ect to approval by the State Property lax Board and Attorney General of Texas said Commissioners' Court in behalf said County do make and enter into a Contract with Jerry Shiever a licensed attorney, for the latter to collect delinquent taxes in said County for lg S of the amount of taxes, penalty and interest collected, said contract to end on the 3~~ day of December 19 84 ,with six . , .. months thereafter to complete pending suits, and to be on forms currently pro- , mulgated and recommended by the State Property Tax Board. Said motlon being put to vote, it carried by a vote of 5 ~ 0 , Those voting "qye" were: Gordon S. Morriss, County Judpe Fred Holland, Commissioner Prec. ;~l Edward D. Higgins, Commissioner Prec. ~~2 Victor Lich, Commissioner Prec. ~k3 Billy Joe Guthrie. Jr:, Commissioner Prec . ~~4 Those voting "No" were: NONE It is therefore ordered that eaid contract be prepared and executed, submitted to the State Property Tux Board and Attorney General of Texas, and if approved bythem, recopde~.-itf~fie .minutes of this Court. ._ Judge County G'ommieei~ Precinct No. 1 County Commiw~ r Precinct No. ~~ County Commissioner Precinct No. 3 a o, Cou y mmiwioner nct No. ~ 'I'riE STATE OF TEXAS § § COUNTY OF KERB § I, the undersigned, County Clerk of ~~ County, Texas, do hereby certify that the above and foregoing is a true and correct copy of a certain Resolution and Order, of the Commissioners' as Manifest Court, of record in ~o4~ttrrr~ - - --; Page- , of the Minutes of said Court. Witness my official hand and seal this ~}. day of MaT , 19._83, . County ('lrrk and Ex-officio Clerk of the Commis- sioners~ Court of -TV,~.:~ County, Texas PATRICIA DYE CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF KERR THIS CONTRACT is made and entered into by and between Kerr ~ourity ' acting herein by and through its governing body, joined by the State Pr•oper•ty Tax Soar•d, her•einafter• called Fi-•st Party, and Jerr Shiever her•einafter• ttorney styleA Second Party. First Party agrees to employ and does hereby employ Second Party to enforce by ~nd county suit or• otherwise the collection of all delinquent state taxes. penalty and interest within xe rr County owing to the State of Texas, pro- vided cur•r•ent year taxes falling delinquent within the period of this contract shall become subject to its terms on the first day of July of the year in which the same shall become delinquent except that suits resolved before the first day ~f July must include cu-•r•ent year delinquent taxes. This contract also applies to all consenting taxing units' taxes which are collected by said County. II. Second Pa-•ty is to call to the attention of the collector o-• other officials any er•r•or•s, double assessments or• othe-• discrepancies coming under his observation dur•ina the p-•ogr•ess of the work, and is to intervene on behalf of First Party in all suits for• ~ taxes her•eafter• fi 1 ed by any taxing unit on pr•oper•ty 1 orated within its cor•por•ate 1 imits. III. First Party agrees to furnish delinquent tax statements to Second Party on all pr•oper•ty within the taxing iur•isdiction. Second Party will furnish forms for• said statements on request and will assume -•esponsibilty fo-• having penalty and IV. Second Pa-•ty ag-•ees to file suit on and reduce to judgment and sale any pr•oper•ty located within the county against which a tax lien would prevail provided Ftr•st Party will fu-•nish the necessary data and information as to the name, iden- tity. and location of the necessary parties, and legal description of the pr•o- pe-•ty to be sold. Second Party agrees to sue for• r•ecover•y of the costs as cou-•t costs as provided by Tex. Prop. Tax Code §33.48 (Yer•non 1979). V. Second Party ag-•ees to make pr•ogr•ess r•epor•ts to First Party on request. and to aAvise First Party of all cases where investigation reveals taxpaye-•s to be financially unable to pay their delinquent taxes. YI. First Party agrees to pay to Second Party as compensation for• services r•equir•ed he-•eunde-• 15 percent (not to exceed twenty (20) percent) of the amount collected of all delinquent taxes, penalty and interest of 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. All compensation above p-•ovlded for• shall become the pr•oper•ty of the Second Party at the time payment of taxes, penalty and interest is made to the collector•. The collector• shall pay over said funds monthly by check. YII. This contract is drawn to cover a period beginning July 31,1983 and ending when the te-•m of office of the cur•r•ent Commissioners Court terminates; provided however that Second Party shall have an additional six months to reduce to judgment all suits filed pr•ior• to the date last mentioned, and provided fur•ther• that Second Party shall handle to conclusion all suits in which trial cou-•t judvments ar•e obtained during the period of this contract and which ar•e appealed by any party. In consideration of the terms and compensation herein staters. Second Party hereby accepts said employment and undertakes the per•for•- mance of this contract as above wr•i tten. Fi r•st Party and the State P-•oper•ty lax VIII. This contract is executed on behalf of First Party by the presiding officer of its gover•ninv body who is authorized to execute this instrument by or•der• her•eto- for•e passed and duly r•ecor•ded in its minutes. WITNESS the signatures of all parties hereto in triplicate originals this the 9th day of May A.D. 1983, Kerr County, Texas. THE COUNTY OF KERR First ~art,v y ~ua~ge RY SHIEVER ce •n y at w S co d Party THE STATE OF TEXAS STATE PROPERTY TAX BOARD Examined and approved as to substance and form, on this the day of A.D., 19 xecutive erector State Property lax Board Examined and approved as to substance anA form, on this the day of A.D., 19 Attorney enera BY: THE STATE OF TEXAS § COUNTY OF TRAVIS § ss~stant ttorney enera I Jerry Shiever a duly licensed attorney, do certify that I have no business connection with any county office or any officer within Kerr County; and that I am not related within the second degree of affinity or within the third degree of consanguinity to any member of the Corrnissioners' Court now holding office in xerr County. Atto n y Subscrihed and sworn to before me, by the said Jerry Shiever this the 3rd day of MaY 19 83 to certify which witness ~ hand and seal of office. ~~I i ~.~ ~~ ~ i~oa~ State Property EXECUTIVE DIRECTOR Kenneth E. Graeber DEPUTY DIRECTOR Bill Carnes, Ed.D. GENERAL COUNSEL H. Jack Woods ASSOCIATE DIRECTORS Larry Luedtke, Valuation Jim Robinson, Education and Standards Tax Board F ~~ ~ ~ ~„~„~' 9501 North IH 35 P.O. Box 15900, Austin, Texas 78761 Telephone 512-837-8622 or 800-252-9121 May 26, 1983 The Honorable Patricia Dye County Clerk Kerr County County Courthouse Kerrville, Texas 78028 Dear Ms. Dye: MEMBERS OF THE BOARD Ben Munson, Chairman William J. (Bill) Burnette Dr. John E. Codwell, Sr. Marvin L. Jones Stephen T. Jordan Joseph A. VanDeWalle, Sr. We have approved and are enclosing your copy of the Delinquent Tax Contract with Jerry Shiever of Austin, Texas, covering the period July 31, 1983 to December 31, 1984. Please record the contract in the minutes of the Com- missioners' Court. One copy of the contract has been retained for our files and the third copy of the contract has been returned to the attorney with whom the contract is made. If we can be of assistance, please call our toll free number and ask for Jo Price or me. Yours very truly, , ~i~ Helen Mize, CTA Ad Valorem Tax Accounts HM/ j p Enclosure Contract recorded in Volume P, Pages 323,.324 and 325, Co>:mrtissioners` Court Minutes.