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<br />THE STATE OF TEXAS
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<br />d {Q41
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<br />COUNTY OF HAYS
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<br />KNo.oI ALL MEN BY THESE PRESENTS I
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<br />THAT WHEREAS, the Governing Body of the City of San Marcos, in Hays
<br />County, Texas, deem it necessary and expedient to contract with an attorney
<br />of this state having practice elsewhere than in said city, to enforce the
<br />collection of all delinquent City taxes in return for a percentage of said
<br />taxes, penalty and interest actually collected and paid to the tax collector
<br />of said City; and
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<br />THAT WHEREAS, after investigating the competency, experience and
<br />ability of ROSS TERRY, attorney-at-law, whose address is 528 Littlefield
<br />Buildlna. Austin. Texas, as to his fitness for such employment and after
<br />duly considering the same, such Governing Body is of the opinion that said
<br />attorney is a proper person representing himself to be licensed to practice
<br />law in this State and competent to take such steps as may be necessary to
<br />enforce the collection of such delinquent taxes by the preparation, filing
<br />and prosecuting to speedy conclusion all suits filed for the collection
<br />thereof; .
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<br />New, THEREFORE, this Contract made and entered into by and between
<br />said City of San Marcos municipal corporation of this State acting herein
<br />by and through its Governing Body and hereinafter referred to as First Party,
<br />and the said ROSS TERRY of Austin. Texas, hereinafter referred to as Second
<br />Party, WITNESSETH:
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<br />1. First Party does herepy agree to employ and does hereby employ Second
<br />Party to enforce by suit or otherwise all collections of all delinquent
<br />taxes, as the same are shown to be delinquent upon the delinquent tax records
<br />of said City, including such personal property taxes or insolvent taxes as
<br />the First Party and Second Party mutually deem collectible.
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<br />2. First Party agrees to furnish Second Party with a complete list of the
<br />names and addreSseS of all deli~uent taxpayers upon the effective date of
<br />this contract and Second Party, hereby accepting such employment, agrees
<br />and obligates himself to communicate with each and every person, firm,
<br />association or corporation owing any of such delinquent taxes, with the
<br />purpose of collecting the same. First Party further agrees that on or be-
<br />fore July 1, 1958, it will furnish to Second Party detailed tax statements
<br />showing the amount of tax originally due for each year on each piece of
<br />property upon its delinquent rolls, and Second Party agrees to complete such
<br />tax statements by the calculations of penalty and interest as usually collected
<br />by First Party, and to notify the owner of each piece of property of the exact
<br />amount necessary to pay all delinquent taxes owing to First Party. In the
<br />event that such taxes, together with the penalty and interest accrued thereon
<br />shall not have been paid within the period of thirty (30) days following the
<br />date of mailin9 such statements and notices, as to each respective owner or
<br />owners of property involved, then Second Party shall prepare, file and insti-
<br />tute, prior to the termination date of this Contract hereinafter specified,
<br />a suit for the collection of said taxes, penalty and interest, which suit in
<br />each case shall include all past due taxes for all prior years on the tract
<br />or tracts of land involved; and where there are several lots in the same
<br />addition or subdivision delinquent, belonging to the same owner or same
<br />owners, then all such delinquent taxes, as to all such lots, shall be made
<br />the subject of a single suit; and such suits shall be by Second Party prose-
<br />cuted with dispatch to final judgment and sale under the terms and within the
<br />intent of this Contract unless said taxes are sooner collected.
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<br />3. Second Party further agrees that where it becomes necessary to prepare
<br />and file suits for the enforced collection of delinquent taxes on real prop-
<br />erty, he will procure from a reputable abstract company complete run sheets,
<br />showing all instruments recorded within the past fifty years which effect
<br />the title to such property, that he will read such instruments and view the
<br />property on the ground, to determine the rights of all persons in possession,
<br />either by actual occupancy, by maintenance of fences or by any other visible
<br />evidence of a claim of title. Second Party further agrees to make inquiry
<br />of persons in a position to know, in order to determine the names and present
<br />whereabouts of deceased owners, their heirs and legal representatives. Such
<br />run sheets and all information developed by such investigation shall be pre-
<br />served by Second Party until judgment has been entered and the property sold,
<br />at which time it shall be delivered to First Party. When any tax suit based
<br />on such title information is filed, Second Party is authorized and instructed
<br />to seek recovery of the expense of procuring such title information as a part
<br />of the court costs in such suit.
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