Ordinance No. 6,781930923 -8
ORDINANCE NO. 6781
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
• EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT FOR
THE COLLECTION OF DELINQUENT TAXES WITH SEWELL & RIGGS,
A PROFESSIONAL CORPORATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to a Contract for the
Collection of Delinquent Taxes with Sewell & Riggs, A Professional
Corporation. A copy of said contract is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2:
from and after
Baytown.
INTRODUCED,
City Council of
September, 1993.
ATTEST:
This ordinance shall take effect immediately
its passage by the City Council of the City of
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 23rd day of
PETE C. AL FARO, Mayor
LYNDA K, GORE, Deputy ty Clerk
rl
JXWACIO RAMIREZ, SRU City Attorney
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• k4S_' •' • •k • •' • ,•�k
sTAT.1'. Cr TEXAS S
S
COUNTY OF HARRIS S
THIS CONTRACT is made and entered into by and between the CITY
OF BAYTOWN, a municipal corporation located in Harris and Chambers
Counties, Texas, hereinafter called "City ", and the law firm of
SEWELL & RIGGS, A PROFESSIONAL CORPORATION, 333 Clay Avenue, Suite
800, Houston, Texas 77002, hereinafter called "Law Firm ".
I.
City agrees to employ and does hereby employ Law Firm to
collect by lawsuit or otherwise all delinquent ad valorem taxes,
penalty and interest owing to City and all other taxing jurisdic-
tions whose taxes are collected by City. Delinquent taxes shall
become subject to the terms of this contract when placed in
litigation or thirty -one (31) days after the tax collector delivers
notice of delinquency and of the additional penalty to the property
owner, whichever date is sooner. However, the taxes becoming
delinquent in 1994 and subsequent years shall become subject to the
terms of this contract when placed in litigation or on the first
day of July of the year in which the taxes become delinquent,
whichever date is sooner.
II.
Law Firm will endeavor to call to the attention of the
collector or other offli_,;ials ary e:rcor�, &,.olhIp assessments or
other discrepancies in the City's tax rolls which it observes
• during the progress of the work and will intervene on behalf of
EXHIBIT A
• City in all suits for ad valorem taxes hereafter filed by any
taxing unit on property located within City's corporate limits.
III.
n
City agrees to authorize by ordinance, in a manner which
complies with Texas Tax Code Section 33.07(a), an additional
penalty to defray costs of collection in an amount equal to 15% of
the amount of taxes, penalty and interest due for taxes that remain
delinquent on July 1 of the year in which they become delinquent.
Law Firm agrees to prepare and mail the notice of delinquency and
of the additional penalty to the property owners pursuant to Texas
Tax Code § 33.07(d). City agrees to cooperate and cause collector
to cooperate with Law Firm in the preparation and delivery of such
notices, including but not limited to providing complete and
accurate delinquent tax rolls and related files to Law Firm on or
before April 30 of each year during the term of this Contract.
IV.
City agrees to pay to Law Firm as compensation for the
services required hereunder the fees from Section 33.07 or Section
33.48 of the Texas Tax Code actually recovered by City from the
collection efforts of Law Firm as and when collected during the
term of this Contract and for one year after its expiration if the
collection of taxes is attributable to judgments obtained by Law
Firm. Law Firm agrees that neither the additional penalty allowed
by Section 33.07 nor the attorney fees allowed by Section 33.48
attach to »aynent agreements in existen :e and it nno� st. .:,dung,
as of the date of this Contract. All compensation above provided
iq
• for shall become the property of Law Firm at the time payment of
the taxes, penalty and interest is made to the collector. The
collector shall pay all fundz c -n7ipctP.. on bahalf of Law Firm
monthly, with payment by the 15th day of the month following
collection by City. Interest on late payments shall be payable as
provided in Tex. Rev. Civ Stat. art. 601f.
V.
Law Firm may request that City adopt an ordinance which would
impose the additional penalty for tax collection provided by Texas
Tax Code § 33.07 applicable to all prior years. In return for
City's approval of said ordinance at Law Firm's request, Law Firm
agrees to defend at no cost to City any litigation challenging the
legality of said ordinance and further agrees to indemnify and hold
harmless City from any litigation challenging the application of
the additional penalty provided by Texas Tax Code § 33.07 to prior
years.
VI.
Law Firm shall not sell, assign, or transfer any of its rights
or obligations under this contract in whole or in part without
written consent of City, nor shall Law Firm assign any monies due
or to become due to it hereunder without the previous consent of
City.
VII.
This contract is drawn to cover a period of two years
?i =;ginning Septe-hrm_r 1, 3993. Thereafter, this contract will
continue on a month -to -month basis until such time as City notifies
3
rivia.rg of -thirty (30) days written notice therinf +te the other
party. Law Firm shall have six months following termination of the
contract to reduce to judgment all suits filed prior thereto, but
Law Firm shall be entitled to the compensation described in
Paragraph IV hereof attributable to such judgments for twelve (12)
months after termination of the Contract if such judgments shall be
reduced to payment to the City. After the expiration of the six
month period, Law Firm agrees to return any and all files, whether
in lawsuit, judgment, or otherwise. In consideration of the terms
and compensation herein stated, Law Firm hereby accepts said
employment and undertakes the performance of the contract.
This contract is executed on behalf of City by its Mayor, who
has been authorized to execute this instrument.
SIGNED in duplicate originals this the day of
, 1993, at Harris County, Texas.
H: \USERS \LHUBBARD \RBS \BAYTOYN.C2
Printed September 21, 1993
L
4
CITY OF BAYTOWN, TEXAS
By: %( (7 �'
�
Pete C. Alfaro, Mayor
SEWELL & RIGGS
A Professional Co ,F
poration
By:
Randall B. St
Law
Firm that it
does not
wish to continue
the contract.
During
any
period, this
contract
may be terminated
by either party
by the
rivia.rg of -thirty (30) days written notice therinf +te the other
party. Law Firm shall have six months following termination of the
contract to reduce to judgment all suits filed prior thereto, but
Law Firm shall be entitled to the compensation described in
Paragraph IV hereof attributable to such judgments for twelve (12)
months after termination of the Contract if such judgments shall be
reduced to payment to the City. After the expiration of the six
month period, Law Firm agrees to return any and all files, whether
in lawsuit, judgment, or otherwise. In consideration of the terms
and compensation herein stated, Law Firm hereby accepts said
employment and undertakes the performance of the contract.
This contract is executed on behalf of City by its Mayor, who
has been authorized to execute this instrument.
SIGNED in duplicate originals this the day of
, 1993, at Harris County, Texas.
H: \USERS \LHUBBARD \RBS \BAYTOYN.C2
Printed September 21, 1993
L
4
CITY OF BAYTOWN, TEXAS
By: %( (7 �'
�
Pete C. Alfaro, Mayor
SEWELL & RIGGS
A Professional Co ,F
poration
By:
Randall B. St
CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
THIS CONTRACT is made and entered into by and between the CITY
OF BAYTOWN, a municipal corporation located in Harris and Chambers
Counties, Texas, hereinafter called "City", and the law firm of
SEWELL & RIGGS, A PROFESSIONAL CORPORATION, 333 Clay Avenue, Suite
800, Houston, Texas 77002, hereinafter called "Law Firm".
I.
City agrees to employ and does hereby employ Law Firm to
collect by lawsuit or otherwise all delinquent ad valorem taxes,
penalty and interest owing to City and all other taxing jurisdic-
tions whose taxes are collected by City. Delinquent taxes shall
become subject to the terms of this contract when placed in
litigation or thirty-one (31) days after the tax collector delivers
notice of delinquency and of the additional penalty to the property
owner, whichever date is sooner. However, the taxes becoming
delinquent in 1994 and subsequent years shall become subject to the
terms of this contract when placed in litigation or on the first
day of July of the year in which the taxes become delinquent,
whichever date is sooner.
II.
Law Firm will endeavor to call to the attention of the
collector or other officials any errors, double assessments or
other discrepancies in the City's tax rolls which it observes
during the progress of the work and will intervene on behalf of
City in all suits for ad valorem taxes hereafter filed by any
taxing unit on property located within City's corporate limits.
III.
City agrees to authorize by ordinance, in a manner which
complies with Texas Tax Code Section 33.07 (a) , an additional
penalty to defray costs of collection in an amount equal to 15% of
the amount of taxes, penalty and interest due for taxes that remain
delinquent on July 1 of the year in which they become delinquent.
Law Firm agrees to prepare and mail the notice of delinquency and
of the additional penalty to the property owners pursuant to Texas
Tax Code § 33.07 (d) . City agrees to cooperate and cause collector
to cooperate with Law Firm in the preparation and delivery of such
notices, including but not limited to providing complete and
accurate delinquent tax rolls and related files to Law Firm on or
before April 30 of each year during the term of this Contract.
IV.
City agrees to pay to Law Firm as compensation for the
services required hereunder the fees from Section 33 . 07 or Section
33.48 of the Texas Tax Code actually recovered by City from the
collection efforts of Law Firm as and when collected during the
term of this Contract and for one year after its expiration if the
collection of taxes is attributable to judgments obtained by Law
Firm. Law Firm agrees that neither the additional penalty allowed
by Section 33.07 nor the attorney fees allowed by Section 33.48
will attach to payment agreements in existence and in good standing
as of the date of this Contract. All compensation above provided
2
for shall become the property of Law Firm at the time payment of
the taxes, penalty and interest is made to the collector. The
collector shall pay all funds collected on behalf of Law Firm
monthly, with payment by the 15th day of the month following
collection by City. Interest on late payments shall be payable as
provided in Tex. Rev. Civ Stat. art. 601f.
V.
Law Firm may request that City adopt an ordinance which would
impose the additional penalty for tax collection provided by Texas
Tax Code § 33.07 applicable to all prior years. In return for
City's approval of said ordinance at Law Firm's request, Law Firm
agrees to defend at no cost to City any litigation challenging the
legality of said ordinance and further agrees to indemnify and hold
harmless City from any litigation challenging the application of
the additional penalty provided by Texas Tax Code § 33.07 to prior
years.
VI.
Law Firm shall not sell, assign, or transfer any of its rights
or obligations under this contract in whole or in part without
written consent of City, nor shall Law Firm assign any monies due
or to become due to it hereunder without the previous consent of
City.
VII.
This contract is drawn to cover a period of two years
beginning September 1, 1993. Thereafter, this contract will
continue on a month-to-month basis until such time as City notifies
3
Law Firm that it does not wish to continue the contract. During
any period, this contract may be terminated by either party by the
giving of thirty (30) days written notice thereof to the other
party. Law Firm shall have six months following termination of the
contract to reduce to judgment all suits filed prior thereto, but
Law Firm shall be entitled to the compensation described in
Paragraph IV hereof attributable to such judgments for twelve (12)
months after termination of the Contract if such judgments shall be
reduced to payment to the City. After the expiration of the six
month period, Law Firm agrees to return any and all files, whether
in lawsuit, judgment, or otherwise. In consideration of the terms
and compensation herein stated, Law Firm hereby accepts said
employment and undertakes the performance of the contract.
This contract is executed on behalf of City by its Mayor, who
has been authorized to execute this instrument.
SIGNED in duplicate originals this the 94 day of
1993, at Harris County, Texas.
CITY OFF BAYTOWN, TEXAS
By: /-e a
Pete C. Al faro, Mayor
SEWELL & RIGGS
A Professional Co oration
By:
Randall 13. St
H:\USERS\LHUBBARD\RBS\BAYTOWN.C2
Printed September 21, 1993
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