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FILED: 8/28/2020 3:01 PM
David Trantham
Denton County District Clerk
By: Joyce Sparks, Deputy
SUIT NO. 20-6825-362
CITY OF ROANOKE AND NORTHWEST IN THE DISTRICT COURT
INDEPENDENT SCHOOL DISTRICT
VS. JUDICIAL DISTRICT
FRANCISCO DEJESUS DELGADO, ET AL § DENTON COUNTY, TEXAS
ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
I
PL TIFF(S
This suit is brought for the recovery of delinquent ad valorem taxes under TEX. TAX CODE §
33.41 by the following named Plaintiff(s), whether one or more, each of which is a taxing unit and is
legally constituted and authorized to impose and collect taxes on property:
CITY OF ROANOKE and NORTHWEST INDEPENDENT SCHOOL DISTRICT
The Plaintiff(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of
Civil Procedure.
DEFENDANT(S)
The following are named as Defendant(s) in this suit, and they may be served with notice of
these claims by service of citation at the address and in the manner shown as follows:
Francisco Dejesus Delgado (In Rem Only), 326 Marshall Creek Rd, Roanoke, TX 76262-6510;
Sonia A. Tevez (In Rem Only), 8355 Harwood Rd Apt 2132, N Richland Hills, TX 76180
if living, and if any or all of the above named Defendant(s) be deceased, the unknown heirs of each or
all of the said above named deceased persons; and the unknown owner or owners of the following
described property; and the executors, administrators, guardians, legal representatives, devisees of the
above named persons; and any and all other persons, including adverse claimants, owning or having
any legal or equitable interest in or lien upon the below described property located in the county in
which this suit is brought.
The following taxing unit(s), whether one or more, is joined as a party herein as required by
TEX. TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against all or part
of the same property described below: DENTON COUNTY. The foregoing named taxing unit(s), if
any, is invited to add its claim by intervening herein.
Suit Key No. 2523103
IL.
Claims for all taxes becoming delinquent on said property at any time subsequent to the filing
of this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and costs on
same, are incorporated in this suit, and Plaintiff(s) is entitled to recover the same, upon proper proof,
without further citation or notice. Plaintiff(s) is further entitled to recover each penalty that is incurred
and all interest that accrues on all delinquent taxes imposed on the property from the date of judgment
to the date of sale.
Til.
As to each separately described property shown below, there are delinquent taxes, penalties,
interest, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in the amounts as
follows, if paid in August, 2020:
PROPERTY AND AMOUNTS OWED
ACCT. NO. 203693DEN ; THE PARKS OF HILLSBOROUGH, BLK 2, LOT 66, CITY OF
ROANOKE, DENTON COUNTY, TEXAS
CITY OF ROANOKE
Tax Year(s) Tax Amount Penalties and Interest Total Due
2019 $971.04 $415.61 $1,386.65
TOTALS: $971.04 $415.61 $1,386.65
NORTHWEST INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2019 $3,675.81 $1,573.24 $5,249.05
TOTALS: $3,675.81 $1,573.24 $5,249.05
TOTAL DUE $6,635.70
The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which
Plaintiff(s) sues is $6,635.70, subject to additional taxes, penalties, interest, and attorney’s fees that
accrue subsequent to the filing of this petition.
Iv.
All of the taxes were authorized by law and legally imposed in the county in which this suit is
brought. The taxes were imposed in the amount(s) stated above on each separately described property
for each year specified and on each person named, if known, who owned the property on January 1 of
the year for which the tax was imposed. Plaintiff(s) now has and asserts a lien on each tract of real
property and each item of personal property described herein to secure the payment of all taxes,
penalties, interest and costs due. Pursuant to Rule 54 of the Texas Rules of Civil Procedure,
Suit Key No. 2523103
Plaintiff(s) affirmatively avers that all things required by law to be done have been done properly by
the appropriate officials and all conditions precedent have been met.
Vv
All of the property described above was, at the time the taxes were assessed, located within the
territorial boundaries of each taxing unit in whose behalf this suit is brought. All Defendants named in
this suit either owned the property that is the subject of this suit on January | of the year in which taxes
were imposed on said property, or owned or claimed an interest in or lien upon said property at the
time of the filing of this suit. The value of any personal property that may be described above, and
against which the tax lien is sought to be enforced, is in excess of FIVE HUNDRED AND NO/100
DOLLARS ($500.00).
VI.
The Law Firm represented by the attorney whose name is signed hereto is legally authorized
and empowered to institute and prosecute this action on behalf of Plaintiff(s). Plaintiff(s) should
recover attorney's fees as provided by law for the prosecution of this case, and such attorney's fees
should be taxed as costs.
VIL.
Plaintiff(s) may have incurred certain expenses in the form of abstractor’s costs in procuring
data and information as to the name, identity and location of necessary parties, and in procuring
necessary legal descriptions of the property that is the subject of this suit. Said expenses, if incurred,
are reasonable and are in the following amount: TO BE DETERMINED. The abstractor's costs, if
any be shown, should be taxed as costs herein.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff(s) requests that citation be issued and
served upon each Defendant named herein, commanding them to appear and answer herein in the time
and manner required by law. Plaintiff(s) further prays, upon final hearing in this cause, for foreclosure
of its liens against the above-described property securing the total amount of all delinquent taxes,
penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency
of this suit, costs of court, attorney's fees, abstract fees, and expenses of foreclosure sale. Plaintiff(s)
further prays for personal judgment against Defendant(s) who owned the property on January 1 of the
year for which the taxes were imposed for all taxes, penalties, interest, and costs that are due or will
become due on the property, together with attorney's fees and abstractor's fees. Plaintiff(s) further
prays for: (1) the appropriate order of sale requiring the foreclosed property to be sold, free and clear of
any right, title or interest owned or held by any of the named Defendants, at public auction in the
manner prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State
of Texas, to search out, seize, and sell sufficient property of the Defendant(s) against whom personal
judgment may be awarded to satisfy the lawful judgment sought herein. Finally, Plaintiff(s) prays for
such other and further relief, at law or in equity, to which it may show itself justly entitled.
Respectfully submitted,
Suit Key No. 2523103
LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
100 THROCKMORTON SUITE 300
FORT WORTH, TX 76102
(817) 877-4589
(817) 877-0601 - mn
C lrg Fiche
C. Corey Fickes
State Bar No. 24059746
FE 'W.Litigation@|gbs.com
Attorneys for Plaintiffs
Suit Key No. 2523103