Ordinance No. 6,891930113 -5
ORDINANCE NO. 6891
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN ASSIGNMENT AND
ASSUMPTION OF THE CONTRACT FOR COLLECTION OF DELINQUENT
TAXES TO RANDALL B. STRONG; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Sewell & Riggs, a professional corporation,
(hereinafter "S &R ") and the City of Baytown entered into a Contract
for the Collection of Delinquent Taxes on the 24th day of September
1993; and
WHEREAS, S &R anticipated that Randall B. Strong, an individual
attorney licensed to practice in the State of Texas, (hereinafter
"Strong ") would supervise S &R's obligations under the Contract on
behalf of S &R; and
WHEREAS, effective December 31, 1993, Strong left the
employment of S &R and has opened an office for the practice of law
in Baytown, Texas; and
WHEREAS, S &R desires to assign the Contract to Strong; and
WHEREAS, Strong desires to assume the rights and obligations
of S &R granted under the Contract; NOW THEREFORE,
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 an Assignment and
Assumption of Contract for Collection of Delinquent Taxes. A copy
of said assignment and assumption is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 13th day of January,
1994.
PETE C. ALFARO, Mayor
ATTEST:
EILE P. , City Clerk
•
ACIO RAMIRE , SR. lty Attorney
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This Assignment and Assumption Agreement ( "Agreement ") is
entered into this /�17'1 day of January, 1994, by and among Sewell
& Riggs, a professional corporation ( "S &R"), the City of Baytown,
a municipal corporation, located in Harris and Chambers Counties,
Texas (the "City "), and Randall B. Strong, an individual attorney
licensed to practice in the State of Texas ( "Strong ").
WHEREAS, S &R and the City entered into that certain Contract
for the Collection of Delinquent Taxes dated the 24th day of
September, 1993, a copy of which is attached hereto as Exhibit "A"
(the "Contract "); and
WHEREAS, S &R anticipated that Strong, an employee of S &R until
December 31, 1993, would supervise S &R's obligations under the
Contract on behalf of S &R; and
WHEREAS, effective December 31, 1993, Strong left the
employment of S &R and has opened an office for the practice of law
in Baytown, Texas; and
WHEREAS, S &R, the City and Strong have agreed to the
assignment of the Contract from S &R to Strong and the assumption by
Strong of all rights and obligations of S &R under the Contract.
NOW, THEREFORE, S &R, the City and Strong agree as follows:
1. Assignment and Assumption. Pursuant to Paragraph VI
of the Contract, S &R hereby assigns all of its rights and
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AssiWVAssump for Collect of Delinq Taxes EXHIBIT A
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• obligations under the Contract effective January 1, 1994, to
Strong; and Strong hereby assumes all of S &R's rights and
obligations under the Contract effective as of January 1,
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1994.
2. Consent and Release. Pursuant to Paragraph VI of the
Contract, the City hereby consents to the assignment of all of
S &R's rights and obligations under the Contract to Strong and
the assumption of such rights and obligations by Strong. In
addition, the City hereby releases S &R from any and all
obligations to the City under the Contract and S &R hereby
releases the City from any and all obligations to S &R under
the Contract.
3. Eugther Assurances. S &R, the City and Strong shall
execute such additional agreements as may be reasonably
necessary in the opinion of S &R or the City to reflect the
foregoing assignment, assumption, consent and release among
the parties hereto.
This Agreement may be executed in multiple counterparts, all
of which shall be considered one Agreement effective as of January
1, 1994.
CITY OF BAYTOWN, TEXAS
BY: x- aC,
PETE C. AL FARO, MAYOR
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Asslgn/Assump for CoUeet of Delinq Tam
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• SEWELL & RIGGS,
A PROFESSIONAL CORPORATION
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BY:
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RANDALL . STRONG, T7VIDUALLY
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Assign/Assump for Cotlect of Delinq Taxes
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EXHIBIT A
C�i•7; ; � � • • i �i• � h� • • • � , . � Vii} �/, ;! :
STATE OF TEXAS
COUNTY OF HARRIS f
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 & AXGGS, A PROFESSIONAL CORPORATION, 333 Clay Avenue, Suite
soo, Houston, Texas 77002, hereinafter called "Law Firm".
Y.
City agrees to employ and does hereby employ Law Firm to
collect by lawsuit or otherwise all delinquent ad valorem tuxes,
penalty and interest owing to city and all other taxing jurisdic-
tions whose taxes are collecte4 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
owned 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(x), an additional
penalty to defray costs of collection in an amount equal to 15V of
the amount of taxes, penalty and interest due for taxes that remain
delinquent on auly 1 of the year in which they become delinquent.
Law Firm agrees to prepare and mail the notice of delinquency and
or the additional penalty to the property owners pursuant to Texas
Tax Code S 33.07(d)., City agrees to cooperate and cause collector
to cooperate with zaw Firm in the preparation and delivery of such
notices, including but not limited to providing complete and
accurate delinquent tax rolls and related file's 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
terra 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
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for shall become the property of Law Firm at tha 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 stet. 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 S 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
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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 Fiz-m 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 24 day of
• ti
H: WSERS \LHUBDARO \RBS\BAY70WN.CZ
Printed September H. 1993
1993, at Harris county, Texas.
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CITY OF BAYTOWN, TEXAS
By •
• Pete C. Al aro, Mayor
SEWELL & RIGGS
A Prof_eAsionai Co ration
By:
Randall B. Strop