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NO._ 2005-01965
HARRIS COUNTY, ET AL sb IN THE DISTRICT COURT
ie t oi
VS. 1518 Bbigea L DISTRICT
GENARO C GARCIA, ET AL HARR iE
Dwsericg Ch Ie}
A D
RISSE
WAN yg
HAT HE A, —_
Haris ¢
Texag ?
*
¢2
TO THE HONORABLE JUDGE OF SAID COURT: 3
NOW COME Harris County, the Harris County Education Department, the Port of Houstan
Authority of Harris County, the Harris County Flood Control District and the Harris~*
County Hospital District (Harris County), the Houston Independent School District, the
City of Houston, and the Houston Community College System, hereinafter called
Plaintiffs, and file this Original Petition in the above styled and numbered cause, and
for cause of action would show the Court as follows:
1.
Defendants and the persons or entities through which service may be obtained are
as follows: Genaro C Garcia, Address Unknown, (B1 IN F058250 SD); John Knox Moore, 906
S Mesquite, Brady TX 76825, (B2 10 £191292 WD); and persons with a lienholder or
security interest in the property described herein are impleaded as Defendants by virtue
of that interest as follows: Harvest Bend Section | Assn, (In Rem) By Serving Its RA
Association & Community Managing, 16650 Pine: Forest Rd, Houston TX 77084, (C1 ! YOuu: 4006
AJ); and all persons owning, having, or claiming any Interest or lien in the property
described In this petition, as well as the unknown heirs and legal representatives of
all defendants; and GREATER EAST END MANAG DIST, By serving Tax Assessor/Collector, Paul
Bettencourt, 1001 Preston Suite # 634, Houston TX 77002, (11); which are given notice
hereof in order that they may assert any claim for taxes against the hereinafter
described property. Plaintiffs intend discovery to be conducted under Level 2 of Rule
190 of the Texas Rules of Civil Procedure.
ie
All other taxing units assessing and collecting taxes on said property are and
shall be included in this suit and shall be Invited to add their claims.
Wh.
As to each separately described property, there are delinquent taxes, penalties,
interest, and costs, justly due, owing, and unpaid against the property described in
Exhibit "A", which is attached hereto and made a part hereof by reference for all
purposes, for the years and In the amounts therein set forth.
Iv.
All the parties to this suit, including Plaintiffs, Defendants, and Intervenors,
shall take notice that claims for any and all taxes becoming delinquent on said
property at any time subsequent to the filing of this suit, up to the day of judgment,
are incorporated in this suit, and upon request therefor shall be recovered herein without
further citation or notice, and that such claims for such delinquent taxes shall include
all penalties, interest, and costs allowed by law. Plaintiffs are entitled to recover
each penalty that is incurred and all interest that accrues on delinquent taxes Imposed
on the property from the date of judgment to the date of sale.
RECORD! ER'S MEMORANDUM
ment
fs of
at the time
of | oor quality
~ ‘magi
—
v.
All of these taxes were authorized by law, and each political subdivision in whose
behalf this suit is brought was legally constituted and authorized to impose and collect
ad valorem taxes on property. All of these taxes, In a stated amount, were legally
imposed on each separately described property for each year specified on January 1 of the
year for which the tax was Imposed. All of these taxes, in a stated amount, were legally
imposed on each person named, if known, who owned the property on January 1 of the year
for which the tax was imposed. Any person with a lienholder or security interest in the
property. {s included in this Original Petition in rem only. Plaintiffs now have and
assert a lien on each tract of real property and each item of personal property described
and mentioned herein to secure the payment of all taxes, penalties, Interest, and costs
due thereon. All things required by law to be done have been done properly by the
appropriate officials.
vi.
All of the real and personal property described in Exhibit "A" was, at the time the
taxes were assessed, located within the boundaries of the Plaintiffs and of the county and
each political subdivision in whose behalf this suit is brought. The persons sued owned
the property at the time of the filing of this suit.
Vil.
The Law Firm whose name is signed hereto [fs legally authorized and empowered to
institute and prosecute this action on behalf of Plaintiffs. Attorney's fees should
be awarded in favor of the Plaintiffs, where applicable under Section 33.48 of the
Texas Property Tax Code, for the prosecution of this case, and such attorney's fees
should be taxed as costs.
Vill.
Plaintiffs may have incurred certain expenses in procuring data.and information as
to the name, identity, and location of necessary parties and in procuring necessary legal
descriptions of the property. Said expenses, if incurred, are reasonable and are shown
in Exhibit "A" as abstractor's costs, which expenses should be taxed as costs herein.
1X.
As to said property, CITY OF HOUSTON is duly empowered by Chapter 342 of the TEX.
HEALTH & SAFETY CODE ANN., and its predecessor statute TEX. REV. CIV. STAT. ANN. art. 4436
(repealed), to regulate the cleaning of a building, establishment, or ground from filth,
carrion, or other impure or unwholesome matter and to require the owner of a lot in the
municipality to keep the lot free from weeds, rubbish, brush, the filling of pools, or the
removal of rubbish or other objectionable, unsightly, or unsanitary matter, and pursuant
to Chapter 214 of the TEX. LOC. GOV'T CODE ANN., and its predecessor statute TEX. REV.
CIV. STAT. ANN. art. 1175, to regulate the demolition or repair of a building that is
dilapidated, substandard or unfit for human habitation, or a hazard to the public heaith,
safety and welfare, and to require the owner of a building in the municipality to vacate,
secure,. repair, remove or demolish the building within a reasonable time. The Codes also
provide for municipal work or improvements to remedy a violation and the charging of the
expenses to the owner of the property, and for the assessment of expenses incurred against
the real estate on which the work is done or improvements made. Sald lien(s) are to have
priority subject only to tax liens and street improvement liens and accrue interest at the
rate of ten (10%) per annum until paid In full.
a
Xx.
Article XI, Chapter 10, and Article IX, Chapter 10 of the City of Houston Code of
Ordinances and Article IV Section 9 of the City of Houston Charter regulate nuisances and
dangerous buildings and authorize CITY OF HOUSTON to remove and abate a nuisance and
demolish or repair a building if the owner or occupant of a premises, property, or
building falls to do so in a manner prescribed by ordinance. The Code also sets out the
procedure for creating a lien upon the land for costs incurred by CITY OF HOUSTON for
making the Improvements, demolition or repairs, and charges it against the owner of the
premises.
XI.
CITY OF HOUSTON has caused certain valuable work or improvements In the form of
cleansing from filth, carrion, or other Impure or unwholesome matter,. cutting and removing
weeds or brush, the filling of pools, or the removal of rubbish or other objectionable,
unsightly or unsanitary matter to be done to the subject property and/or has caused to be
demolished a building and has Incurred expenses as the result of such work or improvements.
As to said property, CITY OF HOUSTON Is also duly empowered by Article 1086, et. seq., of
the TEX. REV. CIV. STAT. ANN., to improve any highway within the city limits, by filling,
grading, raising, paving or repaving the highway in'a permanent manner, or by the
construction or reconstruction of sidewalks, curbs, and gutters, or by widening, narrowing,
or straightening these sidewalks, and to construct necessary appurtenances thereto,
including sewers and drains, and to include In these improvements, property not owned by
the city but abutting upon a city highway of portion thereof. Further, this Code provides
for the assessment of all the costs of constructing, reconstructing, repairing, and
realigning, curbs, gutters, and sidewalks, against property abutting upon a city highway,
or portion thereof, ordered to be improved, and against the owners of such property. These
liens are superior to all other liens and claims except State, county, school district, and
city ad valorem tax liens, and shall accrue Interest at a rate not to exceed the greater of
(a) eight percent (8%) per annum, or (b) the rate payable by the city on its most recently
issued general obligation bonds as determined on the date the property owner(s) received
notice of the special assessment hearing.
Kil.
The property on which said assessment(s) were levied is set forth in Exhibit "A".
Delinquent amounts of CITY OF HOUSTON SPECIAL ASSESSMENTS, including expenses, interest
and release fee, are due.
xt.
CITY OF HOUSTON has performed certain valuable work or improvements in the form of
cleaning, building, establishment or ground from filth, carrion, or other impure or
unwholesome matter, cutting and removing weeds or brush, the filling of pools, or the
removal of rubbish or other objectionable, unsightly or unsanitary matter to be done to
the subject property, has caused to be demolished a building, and/or has improved a highway,
and has Incurred expenses as the result of. such work or improvements. CITY OF HOUSTON
further alleges that in doing said work or improvements aforesaid, the City of Houston
City Council and each officer whose duty it was under the law to have any part in the
performance of any act in connection therewith, performed each act and thing required by
law at the time and in the manner provided by law so as to make said assessment (s) valid
and binding personal obligations of Defendant Owners to CITY OF HOUSTON, and to make said
liens valid, binding and enforceable liens against the property described hereinabove
in paragraph |.
74
XIV.
CITY OF HOUSTON is the legal owner and holder of said lien(s); said assessment (s)
accrue interest at the rate of ten percent (10%) per annum if said assessment (s) are
charged pursuant to Chapter 342 of the TEX. HEALTH & SAFETY CODE ANN., or Chapter 214
of the TEX. LOC. GOV'T CODE ANN., or said assessment(s) accrue interest at the rate of
the greater of (a) eight percent (8%) per annum, or (b) the rate payable by the city on
its most recently issued general obligation bonds as determined on the date the property
owner (s) received notice of the special assessment hearing If sald assessment(s) are
charged pursuant to Article 1086, et. seq., of the TEX. REV. CIV. STAT. ANN; default has
been made by Defendant Owner(s) in the payment of said assessment (s); demand has been
made upon such Defendant Owner(s) for payment of the past due principal and interest,
but such demand has not been complied with; Defendant Owner(s) have failed to pay such
past due principal and interests; and CITY OF HOUSTON has elected to exercise its option
to declare said sum due and payable in full, with accrued interest, and has placed same
with LINEBARGER GOGGAN BLAIR & SAMPSON, L.L.P., Attorneys at Law, for collection and suit.
Xv.
Proceedings in reference to the determination of the need for and the performance of
the work or improvements have been regularly had in compliance with the law and all
conditions precedent and prerequisites to the fixing of the lien(s) against the property
and personal liability of the Defendant Owners have been performed by the proper official.
Xvi.
This PETITION ‘Is filed for the purpose of preserving and prosecuting CITY OF HOUSTON's
interest in its lien(s) for work or improvements done to the subject property as authorized
by Section 33.41 (c), Texas Tax Code, and does not, nor is it intended to, replace or alter
its other interests In this cause as may exist by virtue of its taxing or other authority.
PRAYER
WHEREFORE, Plaintiffs pray for judgment against Defendant(s) for the total amount of
delinquent taxes due at the time of filing of this PETITION, all taxes becoming delinquent
thereafter up to the date of the judgment, all interest, penalty and costs of court allowed
by law accruing up to and Including the date of judgment, plus attorney's fees of 15% of all
tax, penalty and interest as provided by law. Plaintiffs pray for foreclosure of the tax
lien on the specific property of the Defendant(s) described herein with a consequent order
for tax sale requiring such property to be sold at public auction in the manner prescribed
by law. Plaintiffs pray for personal judgment jointly and severally against the Defendant(s),
and for the imposition and collection of a lien on all other assets, real or personal, owned
by the Defendant(s). Plaintiffs ask for the appropriate writs of execution directing the
Sheriffs and Constables of the State of Texas to search out, seize and sell suffictent
property of the Defendant(s) to satisfy the lawful judgment sought herein. Plaintiffs pray
for costs of court and for such other and further relief, at law or in equity, to which
they may show themselves justly entitled.
CITY OF HOUSTON, in addition to its prayer for judgment for the tax lien foreclosure,
prays for judgment against Defendant(s) for the total amount of the CITY OF HOUSTON lien
assessment for work or improvement assessment(s) due at the time of filing this Petition,
plus interest at the rate of 10% per annum if said assessment{s) are charged pursuant to
a
Chapter 342 of the TEX. HEALTH & SAFETY CODE ANN., and/or Chapter 214 of the TEX. LOC.
GOV'T CODE ANN., or at the rate of the greater of (a) eight percent (8%) per annum, or
(b) the rate payable by the city on Its most recently issued general obligation bonds
as determined on the date the property owner(s) received notice of the special assessment
hearing If said assessment(s) are charged pursuant to Article 1086, et. seq., of the TEX.
REV. CIV. STAT. ANN., up to and including the day of judgment, plus attorney's fees of 20%
of the total special assessment(s) and Interest as provided by law; together with
foreclosure of the tax lien and work or improvement Ilen(s) against the property described
in Exhibit "A", pursuant to Section 33.41(c), Texas Tax Code; post judgment interest at
the maximum rate allowed by law; and for personal judgment against the Defendant(s) owning
said property at the time same was assessed for taxation and work or improvements; and for
such other relief to which Plaintiff (s) may be entitled.
Respectfully submitted,
LINEBARGER GOGGAN BLAIR
& SAMPSON, LLP
an es
By:
Pankaj R. Par! “SBN 00792098
1301 Travis St., Suite 300
Houston, Texas 77002
(713) 844-3580
(713) 844-3502 (FAX)
Attorney for Plaintiffs
787
EXHIBIT "A"
0390980000047 2005-01965
CURRENT PROPERTY OWNER LTS 47 & 48 BLK 205
HOUSTON CENTRAL PARK
77011
AVENUE V 77011
LEGAL DESCRIPTION OF PROPERTY:
LOTS 47 AND 48 BLOCK 205 CENTRAL PARK
DELINQUENT TAX STATEMENT
HARRIS COUNTY ACCT# 0390980000047
YEAR TAX AMT Pél TOTAL
1986 48.27 133.81 182. 08
19)
38 127.14
19
1989
1990
79
56.57
56.57
124.27
133.39
125.59
18s 96
182.16
1991 59. 12 210 183.71
1992 60.64 117.89 178.53
199 60.6 109.50 170.13
199 63.2 105.55 +83
1995 og 96.53 159.62
1996 56.97 79.31 136.28
199 57.01 1. 128.50
199) 57.02 3.6 120.66
1999 57.03 5677 112.80
2000 57.02 104.91
2001 56. 4h 101. 32
2002 +87 35.94 92.81
2003 10.79 39.43, 120.22
TOTAL 1,046.31 1,635.38 $2,681.69
EXHIBIT "A" (CONT.)
0390980000047 2005-01965
HOUSTON INDEPENDENT SCHOOL DISTRICT ACCT# 0390980000047
YEAR TAX AMT P&I TOTAL
1986 32.26 89.42 121.68
19)
19
1989
3 71.32
9.0
9.5
187.86
198.63
210.02
259.18
278.21
299.09
1990 101.00 224.22 325.22
1991 106.0 220.79
1992 139.7 271.74 11.52
1993 139-7 252 392.22
1994 139.7 233.15 372.93
199: 139.78 213.87 353.65
199) 121.79 169.53 291.32
199 121.79 152.73 274
199 128.39 143.2! 271.68
1999 128 125.51 253.95
133. 112,28 9
2001 139.0 107.90 2k 9
2002 139.04 7 226.
2003 197.50 293
TOTAL 2,148.01 3,097.68 $5,245.69
CITY OF HOUSTON ACCT# 0390980000047
YEAR TAX AMT P&I TOTAL
198) 3.01 11.76
198! 53.53 148,39 201.92
198 53-53 140.99 194.52
198: 3.63 158. 222.46
1989 3-63 150.0. 21 +6
1990 3-63 141.2 20:
1991 3.63 132.4 196.11
1992 3.63 123.69 32
199, 63.63 114.92 178.55
199) 7.17 112.03 179.20
199:
199
199
67.17
58.52
58.52
102.
1. KB 169.94
139.98
B +39 131.91
199: 58.52 123.83
1999
2000
2001
58.52
57.64
57.64
i44.732234) 115.75
106.05
102.37
2002
2003 3188 36.4
39.9
94.
121, 3
TOTAL 1,115.07 1,781.06 $2,896.13
EXHIBIT "A" (CONT.)
0390980000047 2005-01965
HOUSTON COMMUNITY COLLEGE ACCT# 0390980000047
YEAR TAX AMT Péil TOTAL
1989
1990
1991
2.48
2.48
5.05
5.85
5.50
10.51
8.3
7-9)
15.56
3
1992 5.4 10.56 15.99
199 5.5 10.01 15.55
199) 5.93 9.8 15.82
199 5.9. 9.0 15.01
199 5. 7-73 13.29
199 5.82 1-30 33.12
199} 82 6.50 12.32
1999 015 6.02 12.1
2000 7.25 6.0 13.3)
7.16
14:83
2001 5.51
2002 7.16
2003 10.17 43 15.13
TOTAL 87.93 110.09 $198.02
TOTAL DUE AS OF JANUARY 2005
TOTAL 4, 397.32 6,624.21 $11,021.53
LIEN
TYPE SEQ STAT INSTALLMENT INTEREST COURT FEE ATTY FEE AMOUNT DUE
E 0 480.00 412.00 -00 +00 928.70
PA 001 1 428.00 815.92 .00 -00 1,243.92
RARLIEN TOTALARE 908.00 1,227.92 «00 .00 2,172.62
This suit covers all delinquent taxes owed on this property, whether or not itemized
herein for all years. Penalty and interest continue to accrue monthly at 1%.
COSTS: $229.00 ABSTRACTOR'S FEE: $250.00 (LHG)
TAX MASTER FEE: $50.00
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a~ NO._ 2005-01965 HARRIS COUNTY, ET AL sb IN THE DISTRICT COURT ie t oi VS. 1518 Bbigea L DISTRICT GENARO C GARCIA, ET AL HARR iE Dwsericg Ch Ie} A D RISSE WAN yg HAT HE A, —_ Haris ¢ Texag ? * ¢2 TO THE HONORABLE JUDGE OF SAID COURT: 3 NOW COME Harris County, the Harris County Education Department, the Port of Houstan Authority of Harris County, the Harris County Flood Control District and the Harris~* County Hospital District (Harris County), the Houston Independent School District, the City of Houston, and the Houston Community College System, hereinafter called Plaintiffs, and file this Original Petition in the above styled and numbered cause, and for cause of action would show the Court as follows: 1. Defendants and the persons or entities through which service may be obtained are as follows: Genaro C Garcia, Address Unknown, (B1 IN F058250 SD); John Knox Moore, 906 S Mesquite, Brady TX 76825, (B2 10 £191292 WD); and persons with a lienholder or security interest in the property described herein are impleaded as Defendants by virtue of that interest as follows: Harvest Bend Section | Assn, (In Rem) By Serving Its RA Association & Community Managing, 16650 Pine: Forest Rd, Houston TX 77084, (C1 ! YOuu: 4006 AJ); and all persons owning, having, or claiming any Interest or lien in the property described In this petition, as well as the unknown heirs and legal representatives of all defendants; and GREATER EAST END MANAG DIST, By serving Tax Assessor/Collector, Paul Bettencourt, 1001 Preston Suite # 634, Houston TX 77002, (11); which are given notice hereof in order that they may assert any claim for taxes against the hereinafter described property. Plaintiffs intend discovery to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. ie All other taxing units assessing and collecting taxes on said property are and shall be included in this suit and shall be Invited to add their claims. Wh. As to each separately described property, there are delinquent taxes, penalties, interest, and costs, justly due, owing, and unpaid against the property described in Exhibit "A", which is attached hereto and made a part hereof by reference for all purposes, for the years and In the amounts therein set forth. Iv. All the parties to this suit, including Plaintiffs, Defendants, and Intervenors, shall take notice that claims for any and all taxes becoming delinquent on said property at any time subsequent to the filing of this suit, up to the day of judgment, are incorporated in this suit, and upon request therefor shall be recovered herein without further citation or notice, and that such claims for such delinquent taxes shall include all penalties, interest, and costs allowed by law. Plaintiffs are entitled to recover each penalty that is incurred and all interest that accrues on delinquent taxes Imposed on the property from the date of judgment to the date of sale. RECORD! ER'S MEMORANDUM ment fs of at the time of | oor quality ~ ‘magi — v. All of these taxes were authorized by law, and each political subdivision in whose behalf this suit is brought was legally constituted and authorized to impose and collect ad valorem taxes on property. All of these taxes, In a stated amount, were legally imposed on each separately described property for each year specified on January 1 of the year for which the tax was Imposed. All of these taxes, in a stated amount, were legally imposed on each person named, if known, who owned the property on January 1 of the year for which the tax was imposed. Any person with a lienholder or security interest in the property. {s included in this Original Petition in rem only. Plaintiffs now have and assert a lien on each tract of real property and each item of personal property described and mentioned herein to secure the payment of all taxes, penalties, Interest, and costs due thereon. All things required by law to be done have been done properly by the appropriate officials. vi. All of the real and personal property described in Exhibit "A" was, at the time the taxes were assessed, located within the boundaries of the Plaintiffs and of the county and each political subdivision in whose behalf this suit is brought. The persons sued owned the property at the time of the filing of this suit. Vil. The Law Firm whose name is signed hereto [fs legally authorized and empowered to institute and prosecute this action on behalf of Plaintiffs. Attorney's fees should be awarded in favor of the Plaintiffs, where applicable under Section 33.48 of the Texas Property Tax Code, for the prosecution of this case, and such attorney's fees should be taxed as costs. Vill. Plaintiffs may have incurred certain expenses in procuring data.and information as to the name, identity, and location of necessary parties and in procuring necessary legal descriptions of the property. Said expenses, if incurred, are reasonable and are shown in Exhibit "A" as abstractor's costs, which expenses should be taxed as costs herein. 1X. As to said property, CITY OF HOUSTON is duly empowered by Chapter 342 of the TEX. HEALTH & SAFETY CODE ANN., and its predecessor statute TEX. REV. CIV. STAT. ANN. art. 4436 (repealed), to regulate the cleaning of a building, establishment, or ground from filth, carrion, or other impure or unwholesome matter and to require the owner of a lot in the municipality to keep the lot free from weeds, rubbish, brush, the filling of pools, or the removal of rubbish or other objectionable, unsightly, or unsanitary matter, and pursuant to Chapter 214 of the TEX. LOC. GOV'T CODE ANN., and its predecessor statute TEX. REV. CIV. STAT. ANN. art. 1175, to regulate the demolition or repair of a building that is dilapidated, substandard or unfit for human habitation, or a hazard to the public heaith, safety and welfare, and to require the owner of a building in the municipality to vacate, secure,. repair, remove or demolish the building within a reasonable time. The Codes also provide for municipal work or improvements to remedy a violation and the charging of the expenses to the owner of the property, and for the assessment of expenses incurred against the real estate on which the work is done or improvements made. Sald lien(s) are to have priority subject only to tax liens and street improvement liens and accrue interest at the rate of ten (10%) per annum until paid In full. a Xx. Article XI, Chapter 10, and Article IX, Chapter 10 of the City of Houston Code of Ordinances and Article IV Section 9 of the City of Houston Charter regulate nuisances and dangerous buildings and authorize CITY OF HOUSTON to remove and abate a nuisance and demolish or repair a building if the owner or occupant of a premises, property, or building falls to do so in a manner prescribed by ordinance. The Code also sets out the procedure for creating a lien upon the land for costs incurred by CITY OF HOUSTON for making the Improvements, demolition or repairs, and charges it against the owner of the premises. XI. CITY OF HOUSTON has caused certain valuable work or improvements In the form of cleansing from filth, carrion, or other Impure or unwholesome matter,. cutting and removing weeds or brush, the filling of pools, or the removal of rubbish or other objectionable, unsightly or unsanitary matter to be done to the subject property and/or has caused to be demolished a building and has Incurred expenses as the result of such work or improvements. As to said property, CITY OF HOUSTON Is also duly empowered by Article 1086, et. seq., of the TEX. REV. CIV. STAT. ANN., to improve any highway within the city limits, by filling, grading, raising, paving or repaving the highway in'a permanent manner, or by the construction or reconstruction of sidewalks, curbs, and gutters, or by widening, narrowing, or straightening these sidewalks, and to construct necessary appurtenances thereto, including sewers and drains, and to include In these improvements, property not owned by the city but abutting upon a city highway of portion thereof. Further, this Code provides for the assessment of all the costs of constructing, reconstructing, repairing, and realigning, curbs, gutters, and sidewalks, against property abutting upon a city highway, or portion thereof, ordered to be improved, and against the owners of such property. These liens are superior to all other liens and claims except State, county, school district, and city ad valorem tax liens, and shall accrue Interest at a rate not to exceed the greater of (a) eight percent (8%) per annum, or (b) the rate payable by the city on its most recently issued general obligation bonds as determined on the date the property owner(s) received notice of the special assessment hearing. Kil. The property on which said assessment(s) were levied is set forth in Exhibit "A". Delinquent amounts of CITY OF HOUSTON SPECIAL ASSESSMENTS, including expenses, interest and release fee, are due. xt. CITY OF HOUSTON has performed certain valuable work or improvements in the form of cleaning, building, establishment or ground from filth, carrion, or other impure or unwholesome matter, cutting and removing weeds or brush, the filling of pools, or the removal of rubbish or other objectionable, unsightly or unsanitary matter to be done to the subject property, has caused to be demolished a building, and/or has improved a highway, and has Incurred expenses as the result of. such work or improvements. CITY OF HOUSTON further alleges that in doing said work or improvements aforesaid, the City of Houston City Council and each officer whose duty it was under the law to have any part in the performance of any act in connection therewith, performed each act and thing required by law at the time and in the manner provided by law so as to make said assessment (s) valid and binding personal obligations of Defendant Owners to CITY OF HOUSTON, and to make said liens valid, binding and enforceable liens against the property described hereinabove in paragraph |. 74 XIV. CITY OF HOUSTON is the legal owner and holder of said lien(s); said assessment (s) accrue interest at the rate of ten percent (10%) per annum if said assessment (s) are charged pursuant to Chapter 342 of the TEX. HEALTH & SAFETY CODE ANN., or Chapter 214 of the TEX. LOC. GOV'T CODE ANN., or said assessment(s) accrue interest at the rate of the greater of (a) eight percent (8%) per annum, or (b) the rate payable by the city on its most recently issued general obligation bonds as determined on the date the property owner (s) received notice of the special assessment hearing If sald assessment(s) are charged pursuant to Article 1086, et. seq., of the TEX. REV. CIV. STAT. ANN; default has been made by Defendant Owner(s) in the payment of said assessment (s); demand has been made upon such Defendant Owner(s) for payment of the past due principal and interest, but such demand has not been complied with; Defendant Owner(s) have failed to pay such past due principal and interests; and CITY OF HOUSTON has elected to exercise its option to declare said sum due and payable in full, with accrued interest, and has placed same with LINEBARGER GOGGAN BLAIR & SAMPSON, L.L.P., Attorneys at Law, for collection and suit. Xv. Proceedings in reference to the determination of the need for and the performance of the work or improvements have been regularly had in compliance with the law and all conditions precedent and prerequisites to the fixing of the lien(s) against the property and personal liability of the Defendant Owners have been performed by the proper official. Xvi. This PETITION ‘Is filed for the purpose of preserving and prosecuting CITY OF HOUSTON's interest in its lien(s) for work or improvements done to the subject property as authorized by Section 33.41 (c), Texas Tax Code, and does not, nor is it intended to, replace or alter its other interests In this cause as may exist by virtue of its taxing or other authority. PRAYER WHEREFORE, Plaintiffs pray for judgment against Defendant(s) for the total amount of delinquent taxes due at the time of filing of this PETITION, all taxes becoming delinquent thereafter up to the date of the judgment, all interest, penalty and costs of court allowed by law accruing up to and Including the date of judgment, plus attorney's fees of 15% of all tax, penalty and interest as provided by law. Plaintiffs pray for foreclosure of the tax lien on the specific property of the Defendant(s) described herein with a consequent order for tax sale requiring such property to be sold at public auction in the manner prescribed by law. Plaintiffs pray for personal judgment jointly and severally against the Defendant(s), and for the imposition and collection of a lien on all other assets, real or personal, owned by the Defendant(s). Plaintiffs ask for the appropriate writs of execution directing the Sheriffs and Constables of the State of Texas to search out, seize and sell suffictent property of the Defendant(s) to satisfy the lawful judgment sought herein. Plaintiffs pray for costs of court and for such other and further relief, at law or in equity, to which they may show themselves justly entitled. CITY OF HOUSTON, in addition to its prayer for judgment for the tax lien foreclosure, prays for judgment against Defendant(s) for the total amount of the CITY OF HOUSTON lien assessment for work or improvement assessment(s) due at the time of filing this Petition, plus interest at the rate of 10% per annum if said assessment{s) are charged pursuant to a Chapter 342 of the TEX. HEALTH & SAFETY CODE ANN., and/or Chapter 214 of the TEX. LOC. GOV'T CODE ANN., or at the rate of the greater of (a) eight percent (8%) per annum, or (b) the rate payable by the city on Its most recently issued general obligation bonds as determined on the date the property owner(s) received notice of the special assessment hearing If said assessment(s) are charged pursuant to Article 1086, et. seq., of the TEX. REV. CIV. STAT. ANN., up to and including the day of judgment, plus attorney's fees of 20% of the total special assessment(s) and Interest as provided by law; together with foreclosure of the tax lien and work or improvement Ilen(s) against the property described in Exhibit "A", pursuant to Section 33.41(c), Texas Tax Code; post judgment interest at the maximum rate allowed by law; and for personal judgment against the Defendant(s) owning said property at the time same was assessed for taxation and work or improvements; and for such other relief to which Plaintiff (s) may be entitled. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP an es By: Pankaj R. Par! “SBN 00792098 1301 Travis St., Suite 300 Houston, Texas 77002 (713) 844-3580 (713) 844-3502 (FAX) Attorney for Plaintiffs 787 EXHIBIT "A" 0390980000047 2005-01965 CURRENT PROPERTY OWNER LTS 47 & 48 BLK 205 HOUSTON CENTRAL PARK 77011 AVENUE V 77011 LEGAL DESCRIPTION OF PROPERTY: LOTS 47 AND 48 BLOCK 205 CENTRAL PARK DELINQUENT TAX STATEMENT HARRIS COUNTY ACCT# 0390980000047 YEAR TAX AMT Pél TOTAL 1986 48.27 133.81 182. 08 19) 38 127.14 19 1989 1990 79 56.57 56.57 124.27 133.39 125.59 18s 96 182.16 1991 59. 12 210 183.71 1992 60.64 117.89 178.53 199 60.6 109.50 170.13 199 63.2 105.55 +83 1995 og 96.53 159.62 1996 56.97 79.31 136.28 199 57.01 1. 128.50 199) 57.02 3.6 120.66 1999 57.03 5677 112.80 2000 57.02 104.91 2001 56. 4h 101. 32 2002 +87 35.94 92.81 2003 10.79 39.43, 120.22 TOTAL 1,046.31 1,635.38 $2,681.69 EXHIBIT "A" (CONT.) 0390980000047 2005-01965 HOUSTON INDEPENDENT SCHOOL DISTRICT ACCT# 0390980000047 YEAR TAX AMT P&I TOTAL 1986 32.26 89.42 121.68 19) 19 1989 3 71.32 9.0 9.5 187.86 198.63 210.02 259.18 278.21 299.09 1990 101.00 224.22 325.22 1991 106.0 220.79 1992 139.7 271.74 11.52 1993 139-7 252 392.22 1994 139.7 233.15 372.93 199: 139.78 213.87 353.65 199) 121.79 169.53 291.32 199 121.79 152.73 274 199 128.39 143.2! 271.68 1999 128 125.51 253.95 133. 112,28 9 2001 139.0 107.90 2k 9 2002 139.04 7 226. 2003 197.50 293 TOTAL 2,148.01 3,097.68 $5,245.69 CITY OF HOUSTON ACCT# 0390980000047 YEAR TAX AMT P&I TOTAL 198) 3.01 11.76 198! 53.53 148,39 201.92 198 53-53 140.99 194.52 198: 3.63 158. 222.46 1989 3-63 150.0. 21 +6 1990 3-63 141.2 20: 1991 3.63 132.4 196.11 1992 3.63 123.69 32 199, 63.63 114.92 178.55 199) 7.17 112.03 179.20 199: 199 199 67.17 58.52 58.52 102. 1. KB 169.94 139.98 B +39 131.91 199: 58.52 123.83 1999 2000 2001 58.52 57.64 57.64 i44.732234) 115.75 106.05 102.37 2002 2003 3188 36.4 39.9 94. 121, 3 TOTAL 1,115.07 1,781.06 $2,896.13 EXHIBIT "A" (CONT.) 0390980000047 2005-01965 HOUSTON COMMUNITY COLLEGE ACCT# 0390980000047 YEAR TAX AMT Péil TOTAL 1989 1990 1991 2.48 2.48 5.05 5.85 5.50 10.51 8.3 7-9) 15.56 3 1992 5.4 10.56 15.99 199 5.5 10.01 15.55 199) 5.93 9.8 15.82 199 5.9. 9.0 15.01 199 5. 7-73 13.29 199 5.82 1-30 33.12 199} 82 6.50 12.32 1999 015 6.02 12.1 2000 7.25 6.0 13.3) 7.16 14:83 2001 5.51 2002 7.16 2003 10.17 43 15.13 TOTAL 87.93 110.09 $198.02 TOTAL DUE AS OF JANUARY 2005 TOTAL 4, 397.32 6,624.21 $11,021.53 LIEN TYPE SEQ STAT INSTALLMENT INTEREST COURT FEE ATTY FEE AMOUNT DUE E 0 480.00 412.00 -00 +00 928.70 PA 001 1 428.00 815.92 .00 -00 1,243.92 RARLIEN TOTALARE 908.00 1,227.92 «00 .00 2,172.62 This suit covers all delinquent taxes owed on this property, whether or not itemized herein for all years. Penalty and interest continue to accrue monthly at 1%. COSTS: $229.00 ABSTRACTOR'S FEE: $250.00 (LHG) TAX MASTER FEE: $50.00