Alief Independent School District v. Tesla Lease Trust Document 3

District Court of Harris County, Texas
Case No. 202034468-7
Filed June 16, 2020

Original Intervention

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Page 1 6/16/2020 2:28 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. By: Auto Clerk
Filed: 6/16/2020 2:28 PM
SUIT NO. HUMBLE INDEPENDENT SCHOOL
DISTRICT
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IN THE DISTRICT COURT
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TESLA LEASE TRUST
55TH JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS
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VS.
ORIGINAL INTERVENTION
TO THE HONORABLE JUDGE OF SAID COURT:
I.
INTERVENOR(S)
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This claim for the recovery of delinquent ad valorem taxes is filed under TEX. TAX CODE §
33.44 by the following named Intervenor(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:
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HARRIS COUNTY FOR ITSELF AND FOR THE OTHER COUNTY WIDE TAXING
AUTHORITIES NAMED HEREIN BELOW,
CITY OF HOUSTON,
CITY OF WEST UNIVERSITY PLACE,
HOUSTON INDEPENDENT SCHOOL DISTRICT,
HARRIS COUNTY IMPROVEMENT DISTRICT # 01,
LONE STAR COLLEGE SYSTEM DISTRICT,
HARRIS COUNTY EMERGENCY SERVICES DISTRICT # 13,
HARRIS COUNTY EMERGENCY SERVICES DISTRICT # 11,
HARRIS COUNTY IMPROVEMENT DISTRICT # 03,
HARRIS COUNTY EMERGENCY SERVICES DISTRICT # AND HOUSTON COMMUNITY COLLEGE SYSTEM
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Harris County collects on behalf of itself and certain county-wide taxing authorities which are
the Harris County Department of Education, the Port of Houston Authority of Harris County, the
Harris County Flood Control District, and the Harris County Hospital District, all of which are
included within the references to Harris County made herein.
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The Intervenor(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) by the Plaintiff taxing unit who originated this suit,
and all parties to this suit are charged with notice of this claim, without further citation or other notice,
as provided by TEX. R. CIV. P. 117a(4) and by TEX. TAX CODE § 33.45:
Tesla Lease Trust, C.T. Corporation System, Registered Agent, 1999 Bryan Street, Suite 900,
Dallas, TX Suit No
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Suit Key No. 2517007
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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.
Intervenor adopts and incorporates by reference herein Plaintiff’s Original Petition and each
amendment thereto.
II.
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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 Intervenor(s) is entitled to recover the same, upon proper proof,
without further citation or notice. Intervenor(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.
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III.
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As to each separately described property shown below, there are delinquent taxes, penalties,
interest, attorney’s fees (if any) and costs justly due, owing and unpaid to Intervenor(s) for the tax
years and in the amounts as follows, if paid in June, 2020:
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ACCT. NO. 2236424; LEASED EQUIPMENT VHCLS
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HARRIS COUNTY
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TOTALS:
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Tax Year(s)
Tax Amount
$261.
Penalties and Interest
$99.
Total Due
$361.
$261.
$99.
$361.
Tax Amount
$140.
Penalties and Interest
$53.
Total Due
$193.
$140.
$53.
$193.
Penalties and Interest
$8.
Total Due
$29.
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CITY OF HOUSTON
Tax Year(s)
TOTALS:
CITY OF WEST UNIVERSITY PLACE
Tax Year(s)
Suit No
Tax Amount
$21.Page
Suit Key No. 2517007
Page 3 TOTALS:
$21.
$8.
$29.
Penalties and Interest
$126.
Total Due
$457.
HOUSTON INDEPENDENT SCHOOL DISTRICT
Tax Amount
$331.
TOTALS:
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Tax Year(s)
$331.
$126.
$457.
Tax Amount
$3.
Penalties and Interest
$1.
Total Due
$4.
$3.
$1.
$4.
Penalties and Interest
$1.
Total Due
$5.
HARRIS COUNTY EMERGENCY SERVICES DISTRICT # Tax Year(s)
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TOTALS:
$3.
$1.
$5.
Penalties and Interest
$2.
Total Due
$10.
$2.
$10.
Tax Amount
$3.
Penalties and Interest
$1.
Total Due
$4.
$3.
$1.
$4.
Tax Amount
$7.
Penalties and Interest
$2.
Total Due
$10.
$7.
$2.
$10.
Penalties and Interest
$11.
Total Due
$40.
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TOTALS:
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Tax Amount
$3.
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Tax Year(s)
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HARRIS COUNTY EMERGENCY SERVICES DISTRICT #
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HARRIS COUNTY EMERGENCY SERVICES DISTRICT # Tax Amount
$7.
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Tax Year(s)
$7.
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TOTALS:
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HARRIS COUNTY IMPROVEMENT DISTRICT #
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Tax Year(s)
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HARRIS COUNTY IMPROVEMENT DISTRICT # Tax Year(s)
TOTALS:
HOUSTON COMMUNITY COLLEGE SYSTEM
Tax Year(s)
Suit No
Tax Amount
$29.Page
Suit Key No. 2517007
Page 4 TOTALS:
$29.
$11.
$40.
Penalties and Interest
$4.
Total Due
$16.
LONE STAR COLLEGE SYSTEM DISTRICT
Tax Amount
$11.
TOTALS:
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Tax Year(s)
$11.
$4.
TOTAL DUE
$16.
$1,134.
The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which
Intervenor(s) sues is $1,134.11 subject to additional taxes, penalties, interest, and attorney’s fees that
accrue subsequent to the filing of this claim.
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IV.
V.
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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. Intervenor(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,
Intervenor(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.
VI.
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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 claim is filed. All Defendants named in
this suit either owned the property that is the subject of this suit on January 1 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 claim. 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/DOLLARS ($500.00).
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 Intervenor(s). Intervenor(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.
VII.
Intervenor(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,
Suit No
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Suit Key No. 2517007
Page 5 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
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WHEREFORE, PREMISES CONSIDERED, Intervenor(s) 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. Intervenor(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. Intervenor(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, Intervenor(s) prays for such other and further relief, at law or in equity, to which it may show
itself justly entitled.
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Respectfully submitted,
Damon D. Edwards
State Bar No. damon.edwards@lgbs.com
Attorney for Intervenor(s)
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LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
PO Box Houston, TX 77253-(713) 844-(713) 844-3501 - FAX
Suit No
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Suit Key No. 2517007
Page 6 CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of the foregoing instrument has been delivered in
the manner required by Rules 21 and 21a, Tex. R. Civ. Proc., to all parties or their attorneys in this
cause, on the 16th day of June, 2020, addressed as follows:
Tesla Lease Trust
C.T. Corporation System, Registered Agent
1999 Bryan Street, Suite Dallas, TX
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Daniel J. Snooks
Attorney for San Jacinto
Community College District
11550 Fuqua, Suite Houston, Texas Fax: (281) 484-Email: djsnooks@swbell.net
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Perdue, Brandon, Fielder, Collins & Mott
Attorney’s at Law
1235 N. Loop West, Suite Houston, TX Fax: (713) 862-Email: PBFCM-Houston@pbfcm.com
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Smith, Murdaugh, Little & Bonham, L.L.P.
Attorney for Harris County WCID # 2727 Allen Parkway, Suite Houston, TX Phone: (713) 652-Fax: (713) 652-Email: Dwyatt@smithmur.com
Damon D. Edwards
Attorney Certifying
Suit No
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Suit Key No. 2517007
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