City Council Meeting

NOTICE OF CITY COUNCIL MEETING OF THE CITY OF OYSTER CREEK, TEXAS The City Council of the City of Oyster Creek, Texas will hold a meeting on Thursday, the 5th day of January 2023, beginning at 6:00 p.m. at the Oyster Creek City Hall, 3210 FM 523, within the corporate limits of said City, at which time the following will be discussed: 1. CALL TO ORDER & INVOCATION 2. BUSINESS OF VISITORS NOT ON THE AGENDA 3. ROUTINE REPORTS AND BUSINESS 4. APPROVAL OF MINUTES FROM PREVIOUS MEETING(S) 5. SEE THE NOTICE PURSUANT TO GOVERNMENT CODE SECTION 2254.1036, WHICH IS ATTACHED TO THIS NOTICE AND INCORPORATED HERETN IN FULL 6. CONSIDER ADOPTING AN ORDINANCE CONSIDERING AND APPROVING THE MATTERS STATED IN THE NOTICE PURSUANT TO GOVERNMENT CODE SECTION 2254,1036, WHICH IS ATTACHED TO THIS NOTICE AND INCORPORATED HEREIN IN FULL; MAKING OTHER FINDINGS OF FACT; IMPOSING A COLLECTION PENALTY ON ALL DELIQUENT FINES, FEES, COURT COSTS, AND OTHER DEBTS PURSUANT TO ARTICLE IO3.OO3I OF THE TEXAS CODE OF CzuMINAL PROCEDURE; AND APPROVING A CONTINGENT FEE CONTRACT WIITH PERDUE BRANDON FIELDER COLLINS & MOTT LLP FOR THE COLLECTION OF DELIQUENT GOVERNMENT RECEIVABLES OWED TO THE CITY OF OYSTER CREEK;WITH RELATED PROVISIONS 7. OPEN PUBLIC HEARING ON APPLICATION FOR A SPECIFIC USE PERMIT FOR A GAME ROOM AT 2214 FM 523 8. CLOSE PUBLIC HEARING AND CONSIDER PASSING ORDINANCE FOR A SPECIFIC USE PERMIT FORA GAME ROOM AT 2214 FM 523 9. CONSIDER RENEWING HGAC MEMBERSHIP IO. POLICE AND FIRE CHIEF REPORTS I I. REVIEW MISCELLANEOUS BILLS I2. CONSIDER SETTING DATES FOR SPECIAL MEETING(S) I3. ADJOURN hand this 2nd day of January, 2023. Ford City Secretary, City of Oyster Creek, Texas  NOTICE PURSUANT TO GOVERNMENT CODE SEC. 2254.1036 WHEREAS on Thursday, the 5th day of January 2023, beginning at 6:00 p.m. at the Oyster Creek City Hall, 3210 FM 523, Oyster Creek, Texas, the City of Oyster Creek ("City",) will consider entering into a contingent fee contract with the law firm of Perdue, Brandon, Fielder, Collins & Mott, L.L.P. ('oFirm") and hereby posts this notice pursuant to Sec. 2254.106 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(2) of the Government Code and shall announce the following: A. The City is pursuing a contract with the Firm for the collection of delinquent municipal court fines and fees owed to the City and through this contract the City seeks to increase recovery of its delinquent debts in as expeditious a manner as possible. Govr. Coor $ 22s4.1036(1)(A). B. The City believes the Firm has the competency, qualifications, and experience necessary to fuIfill this contract. Govr. Copp S 2254.1036(lXB). The Firm has collected delinquent govemment receivables for over 50 years, including the collection of delinquent fines and fees. The Firm currently has 14 primary offices and multiple satellite offices throughout Texas, Oklahoma, and Florida. It employs over 400 individuals, including over 55 attorneys. It uses a multi-office, fully integrated team approach allowing the City access to all its offices and resources. Its collection team consists of long-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, phone calls, retum mail and address updates, payment notification and processing and workflow. C. The nature of any relationship between the City and the Firm is as follows. Govr. Cooe 5 2254.1036(1)(C): The Firm has represented the city in the collection of delinquent taxes since January 1998. D. The City is unable to perform collection of its delinquent fees and fines. Govr. Cooe $ 2254.1036(1)(D). The City currently does not have adequate support staff, computer software/programming, or experience to internally conduct these collection services and acquiring these will result in substantial expense to the City. E. The collection service cannot be provided for an hourly fee. Govr. CooB $ 2254.1036(1XE).The Criminal Code allows the assessment of a percentage-based fee to recover the costs of collecting delinquent fines and fees. This percentage-based fee is assessed only against the debtor and not the city or taxpayers of the city. These legal services cannot reasonably be obtained from attorneys in private practice under a contract providing for the payment of hourly fees without contingency for these reasons: The collection of delinquent fines and fees 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 fines and fees. Moreover, the city will bear the cost of these hourly fees and not the debtor, because the Criminal Code does not expressly authorize the city to pay for collection services based on an hourly fee. F. The City believes this contingent fee contract is in its best interest. Govr. Cooe $ 2254.1036(1)(F). Under the contingent fee contract, the Firm will be paid the amount of the percentage-based collection fee, regardless the number of hours the Firm spends researching, contacting, and mailing to collect the delinquent debt. Additionally, the percentage-based collection penalty, are pass-through expenses to the debtor and not an expense to the city or taxpayers in the city. Ford, City Secretary, On B ehalf of the City of Oyster Creek, Texas