Notice is hereby given that a REGULAR SCHEDULED MEETING MARLIN CITY COUNCIL OF THE will bel held on' Tuesday, the 11th day of. June 2024, at 6:00 P.M., in the City Council Chambers, 101 Fortune Street, Marlin, Texas at which the following subjects will be discussed: 1. Call to Order. 2. Roll Call. 3. Certify Posting. 4. Pledge & Invocation. 5. Conduct swearing in ofr newly appointed Councilmember for Pct. 4. 6. Issuance ofal Proclamation to honor Outstanding Students/Athletes at Marlin High School. 7. Approval of the Council Meeting Minutes from the May 14, 2024 City Council Meeting. 8. UPDATES/STATUS: City Business Not needing immediate discussionor action from City Council. (2-3mins.). City Manager- Updates (City Manager) Court - Update (Court Clerk Supervisor) Police - Update (Chief Hommel) Fire Department- - Update (Chief Parker) Finance. Department- - Update (Finance Director) Water Department - Update (Water Office Supervisor) Public Works - Update (Public Works Director) Water Plant - Update (Water Plant Supervisor) Marketing /EDC - Update (Tourism Dir.) 9. 1. Take action to approve a 15% contingent fee contract with Perdue Brandon Fielder Collins and Mott, LLP, pursuant to Section 6.30 oft the Texas Property Tax Code, said contract collection of delinquent property taxes owed to the City of Marlin, and notice ofs said being for the fee contract is posted with the agenda in accordance with Section 2254 oft the Texas Government contingent 2. Take action to authorize thel Mayor to send al Noticeo ofTermination ofA Attorney-Client Relationship 10. Discussion and or take action City Manager applicants and the next steps in the interviewing/ 11. Update on TWDB, CWSRF, & DWSRF Projects and city road projects including but not limited Robert E. Lee from the MRB Group with as summary oft the differences oft thej project. 12. Consider and or approve a resolution appointing Kayci Nehring (Falls County Tas Assessor 13. Consider and or approve an interlocal agreement for assessment and collection of taxes with Falls 14. Discussion and or take action to authorize the publication of notice or advertisement requesting bids or proposals for sludge removal services and related work at the Waste Water/Treatment Plant. Code (proposed contract attached). toe existing collections firm. process. hiring to Collector) to Calculate Effective Tax rate for 2024. County. 15. Consider and adopt a resolution to approve and authorize the Mayor to execute a Payment Plan Agreement between the City of Marlin and Underwater Acoustics International, LLC, (UAI) to for survey and inspection and condition assessment services oftwo City of Marlin earthen dams. pay 16. Discussion and or take action on a recommendation of the MEDC (the Marlin 4-B Economic Development Corporation) regarding a proposed form Business Improvement Grant Application and related agreement as approved by the MEDC at their May 21st Meeting. 17. Discussion and or take action on Quote for repairs at the Park Street Lift $tation. 19. Discussion on ordinance to address hooved animals and exotic reptiles. 20. Consider and approve the appoint of Elizabeth Nelson to the Charter Commission. 21. Discussion and or take action on a resolution changing signatories on city/bank accounts. 22. Future agenda items: Discuss and Consider items for placement on a future City Council Agenda. 23. Citizens Comments (3 mins.) on Agenda items. Speaker shall address the presiding officer andi not individual council member; or staff member: Texas Open Meetings. Act. sec. 551.041, the council cannot any discuss, deliberate, or take action on matters not listed on the agenda. Cily Council may refer speaker loClysifferrsearch resolution, or referral forf future agenda. Tex. Penal Code 42.05. Any disruptive behavior by the speaker or audience memberwillsubject the individual toi removal from thei meeting/city property and charge with the crime of Disruption of a lawful meeting. Comments can be e-mailed to 18. Discussion on setting dates for Budget Workshops. hcertenenarmang by 4:00 pm on May 14, 2024. 24. Adjourn. We, the undersigned. authority, do hereby certify that the above. Notice of Meeting ofi the governing City of Marlin is a true and correct copy ofs said Notice and that what is posted is ai true and correct body ofthe said Notice in City Bulletin BoardofCity. Hall in Marlin, Texas, aA place convenient and readily accessible copy of to the general public at all times, and said Notice was posted on 7th day ofJune remained, 2024at 5luprand postedo continuously) for at least 72 hours preceding the. scheduled timeofs said Meeting. MARLIV * Dated this the 7th day ofJune 2024. 1866 Susan Byrd, Mayor This meeting. shall be conducted pursuant to the Texas Government Code Section 551.001 et seq. At time with Attorney), $551.072 (Deliberations about Real Property), $551.073 (Deliberations ofl Professional about Conduct and (Consultation $551.074 (Personnel. Matters), and/or $551.087 (Economic. Development). Alli items listed above are Gifs Donations), meeting the City Council reserves the right to adjourn into executive. session on accordance with thes sections 551.071, ands Section 1.05, Texas Disciplinary Rules any of the above any during the posted agenda items in eligible for Council discussion and/or action. 2 MANDATORY NOTICE: FNIANTTOITMANCOTENHESCIEINA WHEREAS, the City ofMarlin, 101 Fortune Street, Marlin, Texas ("City ofMarlin"), will consider entering into a contingent fee contract with the law firm of Perdue, Brandon, Fielder, Collins & Mott, L.L.P. ("Firm") and hereby posts this notice pursuantt to Sec. 2254.1036 of the Government Code. WHEREAS, this notice shall be posted before or at the time of giving the written notice required by Government Code Sec. 551.041 for a meeting described by Sec. 2254.1036(a)(2)0 of A. The CITY OF MARLIN is pursuing a contract with the Firm for the collection of delinquent ad valorem taxes owed to the taxing entities whose ad valorem taxes are collected through the CITY OF MARLINandi through this contract the CITY OFMARLIN: seeks toi increase recovery of delinquent debts in as expeditious a manner as possible. GOVT. CODE S B. The CITY OF MARLIN believes the Firm has the competèncy, qualifications, and experience neçessary to fulfill this contract. GOVT. CODE $ 2254.1036(a)C)(B). The Firm has collected delinquent government receivables for over 50 years, including the collection of delinquent ad valorem taxes. The Firm currently has 14 primary offices and multiple satellite offices throughout Texas, Oklahoma and Florida. It employs more than 350 individuals, including more than 50 attorneys. It uses a multi-office, fully integrated team approach allowing the CITY OF MARLIN access to all its offices and resources. Its collection team consists oflong-term Firm employees, including attorneys, call center associates, paralegals, law clerks, legal secretaries, collection support personnel and information technology experts. The Firm utilizes proprietary collection software that can be tailored to meet any special need the CITYOFMARLIN, may have. This proprietary software also automates many aspects of the collection process, such as: account/debtor research, mailings and phone calls, return mail and address updates, payment C. The nature ofa any relationship between the CITY OF MARLIN and the Firm is as follows. the Government Code and shall announce the following: 2254.1036(8)C)XA). notification and processing and workflow. GOVT. CODE S 2254.10360a)d0C). The Firm has represented taxing entities in Falls County since 2014. The firm currently represents all taxing entities that have overlapping boundaries with the CITY OF MARLIN. D. The CITY OF MARLIN does not have adequate support staff, computer soflware'programming, or experience to internally conduct delinquent ad valorem tax collection services and acquiring these will result in substantial expense to the CITY OF MARLIN and the E. Delinquent ad valorem tax collection services cannot be provided for an hourly fee. GOVT. CODE $ 2254.1036a)()(E). The Tax Code allows the assessment of a percentage-based fee to recover the costs of collecting delinquent ad valorem taxes. This percentage-Dased fee is assessed only against the delinquent taxpayer and not the CITY OF MARLIN or those taxpayers who pay entities for which it collects. GOVT. CODE $ 2254.10368)d)D). their taxes in timely fashion. The collection of delinquent ad valorem taxes is a high-volume practice, requiring a significant amount of research, mailing, and handling of outbound/inbound calls. An hourly fee for such work will likely exceed the amount of delinquent ad valorem taxes due. Moreover, the CITY OF MARLIN and the taxing entities for whichit it collects would have to bear the cost of the hourly fees and not the delinquent taxpayer, because the Tax Code does not expressly authorize the CITY OF MARLIN toj pay for collection services based on an hourly fee. F. The CITY OF MARLIN believes this contingent fee contract isi in the best interest ofitself and the taxing entities for which it collects. GOVT. CODE $ 2254.1036(a)d)CF). Under the contingent fee contract, the Firm will be paid the amount of the percentage-based collection fee, regardless oft the number ofhours the Firm spends researching, contacting, and mailing to collect the delinquent debt. Additionally, the percentage-based collection penalty is a pass-through expense to the delinquent taxpayer and not an expense to the CITY OF MARLIN nor the entities for which it collects. taxing Executed this the aya of June 2024 City ofMarlin By SUSAN R. BYRD, Mayor