Ordinance No. 977W
ORDINANCE NO. 977
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS APPROVING A CONTRACT BETWEEN THE
CITY OF BAYTOWN AND "AD VALOREM RECORDS, INC. ",
WHEREIN THE SAID COMPANY IS TO PROVIDE DATA PRO-
CESSING ASSISTANCE TO THE TAX DEPARTMENT; APPROVING
A CONTRACT WITH THE CITY ATTORNEY CONCERNING THE
COLLECTION OF DELINQUENT TAXES; AUTHORIZING THE
CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST THE SAID CONTRACTS FOR AND ON BEHALF OF
THE CITY OF BAYTOWN; PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
WHEREAS, the City Council of the City of Baytown
desires to increase the capability of its Tax Department
to process delinquent tax accounts, and to take advantage
of data processing in facilitating a more efficient collec-
tion of delinquent taxes; and
WHEREAS, a proposal has been made to the City
Council regarding a certain data processing program for
the collection of delinquent tax accounts by "Ad Valorem
Records, Inc. ", a copy of such proposal being attached
hereto for reference as "Annex A "; and
WHEREAS, the City Council desires to accept the
as set out in said proposal; and
WHEREAS, to further facilitate the collection of
delinquent taxes, the City Council recognizes the need to
obtain the services of additional legal personnel to prose-
cute delinquent tax suits; and
WHEREAS, it is deemed expedient by the City Council
to contract with the City Attorney, William R. Laughlin, con-
cerning the prosecution of delinquent tax suits, rather than
to hire additional salaried personnel for the City's legal
department; and
proposal
of the said Ad Valorem Records, Inc.,
and to
authorize
the City Manager to contract with the
said company
as set out in said proposal; and
WHEREAS, to further facilitate the collection of
delinquent taxes, the City Council recognizes the need to
obtain the services of additional legal personnel to prose-
cute delinquent tax suits; and
WHEREAS, it is deemed expedient by the City Council
to contract with the City Attorney, William R. Laughlin, con-
cerning the prosecution of delinquent tax suits, rather than
to hire additional salaried personnel for the City's legal
department; and
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WHEREAS, the City Attorney has prepared a proposed
contract concerning the collection of delinquent tax suits,
wherein he is to be paid a commission for the handling of
delinquent tax suits turned over to him, and is in turn to
bear the administrative costs of the collection of such delin-
quent taxes; and
WHEREAS, the City Council desires to enter into
such contract with the City Attorney, which said contract
is attached hereto for reference, as "Annex B "; NOW, THEREFORE,
BAYTOWN:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1: That the City Manager is hereby au-
thorized and directed, and the City Clerk to attest, a
contract between the City of Baytown and Ad Valorem Records,
Inc., upon the terms submitted to the City by the said com-
pany in its proposal, attached hereto as "Annex A ". The
contract entered into shall be for the duration of one year.
Section 2: That the City Council hereby formally
approves the form and substance of a contract between the
City of Baytown and City Attorney William R. Laughlin re-
garding the collection of delinquent taxes. A copy of said
contract is attached hereto for reference and marked "Exhibit
B ". The City Manager is hereby authorized and directed to
execute the said contract, and the City Clerk to attest the
same, with the initial term beginning May 23, 1969, through
September 30, 1970, and renewable thereafter as therein pro-
vided.
Section 3: Effective Date: This ordinance shall
become effective upon its passage by the affirmative vote
of the City Council of the City of Baytown.
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INTRODUCED, READ and PASSED by the affirmative
vote of the City Council of the City of Baytown, on this
the 22nd day of May, 1969.
UTeen Wa e r , Mayon
rNstim
1r4
Edna Oliver, City Clerk
p & I I
William R. Laughlin,,- Cf-IYAtt—orney
ANNEX A
3iiA &e&v;t -ce incLu d -A the .�oLtowi -mc, , 4pe ci- Lcati OM4 :
1. Jon, each de,Un.4ten t we wa.0 kWunch the ru me and o.d Le,6&,
pAopWj, dp-&c/LLp Uon, and a,U 4ea to. off . de,Q.bnquenck{ .
2. U pLe/L the WA LaL 4e t up., we wi,U p&ou;.de the . oUowLmq. compu t-t.
n,urL4 :
G. U compo&,Ltpe de,P.i..n.Wen t tax wU.
63. Q &61 .n c,, off . eacFL d o-Un quest by. off.. det. . n quency. f on y.oun.
a.u.dLt-oti.
C. !a de,P Lnrtt ,Lent tax worth.. book&. .on. "e in the 7cuc C9tVce a.0
ypea.n, tom%.
,9. din, cu pha.bet teat Lndpx ot. c-Lt deb i- m4uent, tax payz&,i.
�. dzUytgt.E.rLr, Atat ment,. to be up&t-ed, and mc„+_ted om
XuLe 15&, uuqu t and Sep tembelL 1&t.
3. be w.i.0 cdu, -&e kfu, lx, 0-g- ep- orL an.tL6-pated. tvLobtouL, �.L V it
te-AA✓ & .;,o be allLL GVLd, AeL, ,t0 qtr that the, Yvi_.ogAatlL pv.oceed a to
G &LCCC?l)/r. ,.,,,i. i-�JYLCii1vi/Lom \
JFLe �ee ton, our. '9et;LnWer - =kx genut.c:e i. $750.00 pen 1000 deti.nquent
trvcpaywL,6.. :9ncLuded Lm t -L, . fee awe, at.L toAnia and enueLopeh.
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ANNEX B
THE STATE OF TEXAS
COUNTY OF HARRIS �
Fa
WHEREAS, the City of Baytown presently utilizes the
services of only one attorney in its legal department to handle
its many, varied and complex legal problems; and
WHEREAS, William R. Laughlin has served as City At-
torney for the City from February 12, 1968, to present; and
WHEREAS, the said William R. Laughlin has been given
the privilege of engaging in outside private practice apart from
his duties as City Attorney, it being understood by and between
the City'and said William R. Laughlin that he was not being com-
pensated on a full time basis by the City, but rather had been
engaged on a part time basis; and
WHEREAS, the work load in the City's legal department
has increased to a point that it may not be efficiently handled
and processed by one attorney, causing the City to have to en-
list the services of additional legal personnel; and
WHEREAS, for various reasons, to include the lack of
available floor space and the necessary secretarial and administra-
tive capacity to support an additional salaried Assistant City
Attorney, it is deemed expedient by the City Council of the City
of Baytown to contract with the present City Attorney, the said
William R. Laughlin, as authorized by law, to enforce the col-
lection of all delinquent City ad valorem taxes, it being under-
stood that the City Attorney will undertake the responsibility
of hiring such additional personnel as he may determine neces-
sary, and that he will furnish, at his own expense, the cost
of such additional labor and other administrative costs as
set out herein; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and entered into by and between
the City of Baytown, a municipal corporation of Harris County,
Texas, hereinafter styled "City'; and the said William R. Laughlin
of the County of Harris, State of Texas, hereinafter styled
'Attorney"
W I T N E S S E T H:
I.
City agrees to employ and does hereby employ Attorney
to enforce by suit 'or otherwise, and to aid and assist the local
officers in the enforcement of the collection of all delinquent
pity ad valorem taxes, penalty and interest, and all delinquent
taxes, penalty and interest due City and shown to be delinquent
upon the delinquent tax records of said City to the date of the
termination of this contract as fixed in Section VIII hereof (in-
cluding such personal property taxes as City and Attorney mutually
deem collectible).
II.
Taxes which become delinquent during the term of this
contract shall become subject to the terms of this contract on
October 1st of the year in which the same shall become delinquent.
' And.further, with reference to taxes not now delinquent, but
which become delinquent during the term hereof, or taxes which
may have fallen delinquent on February 1st or subsequent thereto
next preceding the date of this contract, it is agreed that where
suit is or has been brought on any property for prior years de-
linquent taxes, Attorney shall include in his action all taxes
on the property involved, delinquent before trial, whether before
or after October 1st of such year; and where the City is impleaded
or intervenes in a suit brought by another taxing unit, it shall
be Attorney's duty to include in his answer or intervention all
taxes delinquent before trial on the property involved, whether
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such taxes fall delinquent before or after October 1st of such
year; and in all such cases Attorney shall be entitled to the
commission herein provided for collecting delinquent taxes.
III.
Attorney hereby agrees and obligates himself to com-
municate with each and every person, firm, association or corpo-
ration owing any of such taxes, with a view of collecting same;
and shall, before filing suits for the recovery of delinquent
taxes for any year or years obtain delinquent tax notices from
City and shall mail one of such notices to the owner or owners
of said property at their last known address, covering all de-
linquent taxes shown to be due on the tax rolls of City. In the
event that the taxes, together with penalty and interest, are not
paid within thirty (30) days from the date such statements and
notices are mailed, then Attorney shall prepare, file and insti-
tute, as soon as practical thereafter, a suit for the collection
of said taxes, penalty and interest, which suit shall include all
past due taxes for all previous years on such tract or tracts;
and where there are several lots in the same addition or subdi-
vision delinquent, belonging to the same owner or owners, all said
delinquent lots shall be made the subject of a single suit, and
which suit shall be presecuted with dispatch to final judgment
and sale unless said taxes are sooner collected.
II&T!
Where it is necessary to prepare and file suits for the
enforced collection of delinquent taxes on real property and owner-
ship cannot be established through records of City, Attorney shall
cause to be made an abstract of the property which shall show the
amount of delinquent taxes due against each and every tract, lot
or parcel of land, and shall show the number of acres so delinquent
and a correct description of the property, the year delinquent,
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how it was charged upon the tax rolls, the correct name of owner
or owners of the property at the time it became delinquent, the
person from whom and the date that he or they derived title to
said, property, the volume and page of public records that his or
their deed or other title evidence is of record and the date that
each subsequent change of ownership occurred down to the present
ownership. Attorney shall also determine the name of any and all
outstanding lien holders and lease -hold interests of record, and
all other information necessary for the proper preparation and
filing of suit or suits for the collection of delinquent taxes.
V.
City shall reimburse Attorney for out -of- pocket expenses
incurred by Attorney in Court costs and abstractors' fees. No
security is required of suits filed by the City for the collection
of delinquent taxes: in District Court; a deposit is required in
County Court, and Attorney is hereby authorized to have the security
deposit for cases filed in County Court drawn against the City's
sight draft plan; should security be required of cases filed in
the Justice of the Peace Court, Attorney shall file same and shall
thereafter obtain reimbursement for such expense from City. Ab-
stractors' fees incurred to determine ownership of property shall
be paid by Attorney and shall'.be reimbursed by City. Each suit
filed shall include an action for a minimum of Twenty -Five ($25.00)
Dollars for reimbursement to the City for the necessary time, ef-
fort and expense incurred to determine ownership of such property.
VI.
It is further agreed and understood that Attorney shall
furnish, at his own expense, all stationery, legal blanks or forms,
stamps, envelopes and printing, together with all labor necessary
to complete said contract; and Attorney shall pay off and discharge
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any and all bills for any other expenses incurred in the prose-
cution of said work, and it is hereby understood and agreed that
City shall not be responsible for the payment of such expense or
any part thereof.
VII.
City agrees to pay to Attorney as compensation for the
services hereunder required Fifteen (15 %) percent of the amount
collected of all delinquent taxes, penalty and interest, subject
to the terms of this contract, actually collected and paid to the
City during the term of this contract, of which Attorney has been
instrumental in collecting as evidenced by copies of communication,
tax notices or abstracts filed with the City, including collection
of taxes on property not appearing on the assessment rolls nor
shown delinquent, but which would have been so shown had it been
properly assessed, discovered by said Attorney, as and when col-
lected, following the end of each month within the period of this
contract, accordingly as the Collector makes up his monthly re-
ports. Attorney will be entitled to his percentage on any delin-
quent account if he has been instrumental in collecting that ac-
count as described above, without regard to whether Attorney has
actually worked on the particular year for which taxes are col-
lected. So long as the "account" in part has been worked on by
Attorney, he shall be entitled to his percentage as though he had
worked on all years of delinquent tax, penalty, and interest in
the account concerned, subject to the limitations as to taxes be-
fore October 1st in the year they become delinquent unless suit
is actually filed as set out in Paragraph II above. Attorney
shall not receive or collect any taxes, penalty or interest un-
der this contract, but the same shall be paid to the Tax Assessor -
Collector as other delinquent taxes.
VIII.
This contract shall
be in
force from the
23rd
day of
May , 1969, to the 30th
day
of September ,
1970,
both
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dates inclusive, and shall be automatically renewed annually
thereafter unless such contract is terminated by either party.
In case of such termination, Attorney shall be entitled to re-
ceive and retain all compensation due up to the date of said
termination.
IX.
At the end of each month, or as soon thereafter as the
City's Tax Assessor - Collector shall have made up his report showing
collections made for such month, said Attorney shall have access
to said report and shall.by comparison of the same with his own
files or records of service, copies of which he has filed with
the Tax Assessor - Collector, make up a report of collections out
of which he is entitled to commission under the terms of this
contract. Each month, after having received copies of Attorney's
report as provided for.in this Section, and having checked the
list of taxes shown therein with his own report, and having verified
the correctness of the commissions claimed, the City Tax Assessor -.
Collector shall notify City's Director of Finance as to the amount
of commissions owed for such month. City shall thereafter make
payment to Attorney for the monthly commissions earned.
X.
It is further agreed and understood that this contract
is for personal services and is not transferable or assignable
without the written consent and approval of City.
XI.
It shall be the duty of the City to cooperate with and
render such reasonable assistance to said Attorney as the circum-
stances may require. Said assistance, however, is not to include
-...e actual performance of the work herein designated to be per-
formed by Attorney.
IN CONSIDERATION of the terms and compensation-herein
IM
stated, the Attorney hereby accepts said employment and under-
takes the performance of said contract as above written.
WITNESS the signatures of all parties hereto in dupli -
cate originals,, this the Q. -J day of Baytown, Harris
County, Texas.
1411111"h ATTEST:
dna Oliver, City Cler
CITY OF BAYTOWN
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William R. Laughlin, City Attorney