Ordinance No. 7,368950810 -4
ORDINANCE NO. 7368
® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
RANDALL B. STRONG FOR THE COLLECTION OF DELINQUENT TAXES;
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 with
Randall B. Strong for the collection of delinquent taxes. A copy
of said contract 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 10th day of August,
1995.
PETE C. ALFAR , Mayor
ATTEST:
EILEEN P. L, City Clerk
APPROVED AS TO FORM:
CIO RAMIREZ, City Attorney
0 legal/ tountil /august/8- 10- 95authKstrong
® CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES
STATE OF TEXAS §
COUNTY OF HARRIS 5
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 RANDALL B. STRONG, a private attorney licensed to practice law in the State of Texas, whose
office is located at 503 Ward Road, Baytown, Texas 77520, hereinafter called "Attorney."
City agrees to employ and does hereby employ Attorney to collect by lawsuit or otherwise
all delinquent ad valorem taxes penalty and interest owing to City and all other taxing jurisdictions
whose taxes are collected by City. Delinquent taxes 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.
Attorney will endeavor to call to the attention of the City Tax Collector or other officials any
errors, double assessments or other discrepancies in the City's tax rolls which he observes during
the progress of the work and will intervene on behalf of the City in all suits for ad valorem taxes
hereafter filed by any taxing unit on property located within City's corporate limits.
City agrees to authorize by ordinance, in a manner which complies with the Texas Property
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. Attorney agrees to prepare and mail the notice of
delinquency and of the additional penalty to the property owners pursuant to the Texas Property Tax
Code Section 33.07(d). City agrees to cooperate and cause its tax collector to cooperate with
Attorney in the preparation and delivery of such notices including but not limited to providing
complete and accurate delinquent tax rolls and related files to Attorney on or before April 30 of each
year during the term of this Contract.
IV.
0 City agrees to pay Attorney as compensation for the services required hereunder the fees
from Section 33.07 or Section 33.48 of the Texas Property Tax Code actually recovered by City
EXHIBIT A
® from the collection efforts of Attorney 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
Attorney. All compensation above provided for shall become the property of Attorney at the time
payment of the taxes, penalty and interest is made to the collector. The City shall pay all funds
collected on behalf of Attorney monthly, with payment by the 15th day of the month following
collection by City. Interest on late payments shall be payable as provided in Texas Government
Code Section 2251.025.
V.
Attorney may request in writing that City adopt an ordinance which would impose the
additional penalty for tax collection provided by Texas Property Tax Code Section 33.07 applicable
to all prior years. In return for City's approval of said ordinance at Attorney's request, Attorney
agrees to and shall indemnify, hold harmless, and defend the City, its officers agents and employees,
from and against any and all claims, losses, damages, causes of action, suits and liability of every
kind, including all expenses of litigation, court costs, and attorneys' fees, for any and all damages
arising out of or in connection with any challenge to the legality of said ordinance, where such
damages are caused in whole or in part by the negligence of the City. It is the expressed intention
of the parties hereto, both the Attorney and the City, that the indemnity provided for in this
paragraph is indemnity by the Attorney to indemnify and protect the City from the consequences of
the City's own negligence regarding the adoption of the requested ordinance or application of the
same, whether that negligence is the sole or a concurring cause of the resulting damage(s).
VI.
Attorney shall not sell assign or transfer any of his rights or obligations under this contract
in whole or in part without written consent of City, nor shall Attorney assign any monies due or to
become due to him hereunder without the previous consent of the City.
VII.
This contract is drawn to cover a period of two years beginning September 1, 1995.
Thereafter, this contract will continue on a month -to -month basis until such time as City notifies
Attorney that it does not wish to continue the contract. This contract may be renewed for additional
two year periods upon written agreement of the parties. During any period, this contract may be
terminated by either party by the giving of ninety (90) days written notice thereof to the other party.
Attorney shall have six months following termination of the contract to reduce to judgment all suits
filed prior thereto, but Attorney 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 pay to the City. After expiration of the six moth period, Attorney
agrees to return any and all files, whether in lawsuit, judgment or otherwise. In consideration of the
•
• terms and compensation herein stated, Attorney hereby accepts said employment and undertakes the
performance of the contract.
•
VIII.
Each month, Attorney shall provide the City with a written report, which shall include at a
minimum, the following information:
I. Financial Information (on a cumulative and reporting period basis);
2. Payment Agreements with No Lawsuits Pending;
3. Lawsuits Filed during the Reporting Period;
4. Interventions Filed during the Reporting Period;
5. Lawsuits Pending;
6. Lawsuits Dismissed;
7. Lawsuits Nonsuited;
8. Judgments;
9. Foreclosures/Tax Sales; and
10. Tax Warrants /Writs of Execution.
Included in the above - referenced information shall be a detailed listing of the each lawsuit
and its status. Furthermore, each lawsuit which has had activity during a reporting period shall be
noted.
V
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Attorney and the City only.
X.
This Agreement contains all the agreements of the parties relating to the subject matter hereof
and is the full and final expression of the agreement between the parties.
X1.
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
40
ATTORNEY
Randall B. Strong
Attorney at Law
503 Ward Road
Baytown, Texas 77520
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
XII.
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
XIII.
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
XIV.
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
This contract is executed on behalf of City by its Mayor, who has been authorized to execute
this instrument.
4
SIGNED in duplicate originals this the day of , 1995,
at Harris County, Texas.
CITY OF BAYTOWN, TEXAS
PETE C. ALFARO, Mayor
ATTORNEY
RANDALL B. STRONG
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
0 b:k1h8ltaxco11cclion
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 RANDALL B. STRONG,a private attorney licensed to practice law in the State of Texas,whose
office is located at 503 Ward Road, Baytown, Texas 77520,hereinafter called"Attorney."
I.
City agrees to employ and does hereby employ Attorney to collect by lawsuit or otherwise
all delinquent ad valorem taxes penalty and interest owing to City and all other taxing jurisdictions
whose taxes are collected by City. Delinquent taxes 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.
Attorney will endeavor to call to the attention of the City Tax Collector or other officials any
errors, double assessments or other discrepancies in the City's tax rolls which he observes during
the progress of the work and will intervene on behalf of the 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 the Texas Property
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. Attorney agrees to prepare and mail the notice of
delinquency and of the additional penalty to the property owners pursuant to the Texas Property Tax
Code Section 33.07(d). City agrees to cooperate and cause its tax collector to cooperate with
Attorney in the preparation and delivery of such notices including but not limited to providing
complete and accurate delinquent tax rolls and related files to Attorney on or before April 30 of each
year during the term of this Contract.
IV.
City agrees to pay Attorney as compensation for the services required hereunder the fees
from Section 33.07 or Section 33.48 of the Texas Property Tax Code actually recovered by City
from the collection efforts of Attorney 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
Attorney. All compensation above provided for shall become the property of Attorney at the time
payment of the taxes, penalty and interest is made to the collector. The City shall pay all funds
collected on behalf of Attorney monthly, with payment by the 15th day of the month following
collection by City. Interest on late payments shall be payable as provided in Texas Government
Code Section 2251.025.
V.
Attorney may request in writing that City adopt an ordinance which would impose the
additional penalty for tax collection provided by Texas Property Tax Code Section 33.07 applicable
to all prior years. In return for City's approval of said ordinance at Attorney's request, Attorney
agrees to and shall indemnify,hold harmless,and defend the City,its officers agents and employees,
from and against any and all claims, losses, damages, causes of action, suits and liability of every
kind, including all expenses of litigation, court costs, and attorneys' fees, for any and all damages
arising out of or in connection with any challenge to the legality of said ordinance, where such
damages are caused in whole or in part by the negligence of the City. It is the expressed intention
of the parties hereto, both the Attorney and the City, that the indemnity provided for in this
paragraph is indemnity by the Attorney to indemnify and protect the City from the consequences of
the City's own negligence regarding the adoption of the requested ordinance or application of the
same, whether that negligence is the sole or a concurring cause of the resulting damage(s).
VI.
Attorney shall not sell assign or transfer any of his rights or obligations under this contract
in whole or in part without written consent of City,nor shall Attorney assign any monies due or to
become due to him hereunder without the previous consent of the City.
VII.
This contract is drawn to cover a period of two years beginning September 1, 1995.
Thereafter, this contract will continue on a month-to-month basis until such time as City notifies
Attorney that it does not wish to continue the contract. This contract may be renewed for additional
two year periods upon written agreement of the parties. During any period, this contract may be
terminated by either party by the giving of ninety(90)days written notice thereof to the other party.
Attorney shall have six months following termination of the contract to reduce to judgment all suits
filed prior thereto, but Attorney 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 pay to the City. After expiration of the six moth period,Attorney
agrees to return any and all files,whether in lawsuit,judgment or otherwise. In consideration of the
2
terms and compensation herein stated,Attorney hereby accepts said employment and undertakes the
performance of the contract.
VIII.
Each month,Attorney shall provide the City with a written report, which shall include at a
minimum, the following information:
1. Financial Information(on a cumulative and reporting period basis);
2. Payment Agreements with No Lawsuits Pending;
3. Lawsuits Filed during the Reporting Period;
4. Interventions Filed during the Reporting Period;
5. Lawsuits Pending;
6. Lawsuits Dismissed;
7. Lawsuits Nonsuited;
8. Judgments;
9. Foreclosures/Tax Sales; and
10. Tax Warrants/Writs of Execution.
Included in the above-referenced information shall be a detailed listing of the each lawsuit
and its status. Furthermore, each lawsuit which has had activity during a reporting period shall be
noted.
IX.
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Attorney and the City only.
X.
This Agreement contains all the agreements of the parties relating to the subject matter hereof
and is the full and final expression of the agreement between the parties.
XI.
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
3
ATTORNEY
Randall B. Strong
Attorney at Law
503 Ward Road
Baytown, Texas 77520
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
XII.
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
XIII.
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Ilarris County, Texas.
XIV.
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
This contract is executed on behalf of City by its Mayor,who has been authorized to execute
this instrument.
4
SIGNED in duplicate originals this the // day of 11995,
at Harris County, Texas.
CITY OF BAYTOWN, TEXAS
PETE C. ALFAIt6, Mayor
ATTORNEY
��ZfJ67:� )
RANDALL B. STR NG
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
n
NACIO RAMIREZ, Sq.,tity Attorney
blih8hanollection
5