NOTICE PURSUANTTOGOVERNMENT CODE SEC. 2254.1036 WHEREAS, the City ofTatum ("City"), 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 pursuant to Sec. 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. 2254.10360)2)ofthe Government Code and shall announce A. The City pursuing a contract with the Firm for the collection of delinquent ad valorem taxes owed to the City and through this contract the City seeks to increase recovery of its delinquent debts in as expeditious a B. The City believes the Firm has the competency, qualifications, and experience necessary to fulfill this contract. GOVT. CODE $ 2254.1036(a)d)(B). The Firm has collected delinquent government receivables for 52 years, including the collection of delinquent ad valorem taxes. The Firm currently has 15 primary offices and multiple satellite offices throughout Texas, Oklahoma and Florida. It employs more than 400 individuals, including over 60 attorneys. It uses a multi-office, fully integrated team approach allowing the City 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 City 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 notification and C. The nature of any relationship between the City and the Firm is as follows. GOVT. CODE $ 2254.1036 oft the Government Code. the following: manner as possible. GOVT.CODE $ 2254.10360a)0)CA). processing and workflow. 2254.103608)0C). The Firm currently represents City ofTatum for delinquent court fines and fees collections. D. The City is unable to collect its delinquent ad valorem taxes. GOVT. CODE $ 2254.1036()dD). The City currently does not have adequate support staff, computer sotlwareprogramming. or experience toi internally conduct these collection services and acquiring these will result in substantial expense to the City. E. These collection services cannot be provided for an hourly fee. GOVT. CODE $ 2254.10368))E). The Tax Code allows the assessment ofaj percentage-based fee toi recover the costs of collecting delinquent ad valorem taxes. This percentage-based fee is assessed only against the debtor and not the City or taxpayers oft the City. 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 amount of delinquent ad valorem taxes due. Moreover, the City will bear the cost of these hourly fees and not the debtor, because the Tax Code does not expressly authorize the City toj pay for collection services based on an hourly fee. F. The City believes this contingent fee contract is in its best interest. GOVT. CODE $ 2254.10368)0)0. Under the contingent fee contract, the Firm will be paid the amount of the percentage-based collection fee, regardless 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 debtor and not an expense to the City or taxpayers in the City. Written Findings as to the Collections Contract with Perdue Brandon Fielder Collins & Mott, LLP In an open meeting, thel Board ofTrustees for City ofTatum considered all matters listed in Section 2254.1036(a)(1) of the Government Code, as they relate to a contingent fee contract with Perdue The Board ofTrustees, pursuant to Section 2254.1036(b) of the Government Code, hereby finds the following to be true: 1) there is a substantial need for the legal services specified in said contract; 2) these legal services cannot be adequately performed by the attorneys and supporting personnel of City of Tatum; and 3) these legal services cannot reasonably be obtained from attorneys inj private practice under a contract providing only for thej payment ofhourly fees, without regard to the outcome of the matter, because of the nature of the matter for which these services will be obtained or because City of Tatum does not have funds to pay the estimated amounts Therefore, this Board ofTrustees hereby approves the contract by and between City ofTatum and Perdue Brandon Fielder Collins & Mott, LLP, for professional legal services regarding the collection of delinquent ad valorem taxes with services to bej paid in accordance with Section 6.30 Brandon Fielder Collins and Mott, LLP. required under a contract providing only for the payment ofhourly fees. oft the Texas Property Tax Code. APPROVED and EXECUTED this the day of 2024. On Behalf of the City Council for City ofTatum, Rusk County, Texas Take action to approve a contingent fee contract with Perdue Brandon Fielder Collins and Mott, LLP pursuant to Section 6.30ofthe' Texas Property Tax Code, said contract being for the collection ofdelinquent government receivables owed to City ofTatum and notice ofs said contract is posted with the agenda in accordance with Section 2254 ofthe Government Code. RESOLUTION # BEI ITI RESOLVED by CITY OF TATUM: Whereas, Section 6.22 of the Texas Property Tax Code authorizes the governing body ofat taxing unit toi require the county to assess and collect thej property taxes fort taxing jurisdictions such as CITY OF TATUM, hereinafter referred to as the "District", and Whereas the District desires to require Rusk County to assess and collect its taxes, NOW, THEREFORE BE IT RESOLVED by CITY OF TATUM, in a regularly called and duly posted meeting oft the City Council, that the District by official action oft the City Council resolves to require Rusk County to assess and collect its taxes all as contemplated by Section 6.22(c) of the Texas Property Tax Code. Signed and Approved on this the day of 2024. Mayor, City ofTatum Attest: City Secretary, City ofTatum Resolution Requiring County to Collect