2014-034 - Requesting the Sheriff or a Constable to Re-sell Tax Foreclosed Properties in accordance with Texas Property Tax Code Section 34.05

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RESOLUTION NO. 2014 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REQUESTING THE LAMAR COUNTY SHERIFF OR CONSTABLE TO RE -SELL TAX FORECLOSED PROPERTIES IN ACCORDANCE WITH TEXAS PROPERTY TAX CODE SECTION 34.05; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the properties identified in Exhibit "A" (the "Tax Warrant Properties ") are parcels of real property which have been identified as abandoned, are less than one acre in size, and have delinquent taxes, penalties, interest and costs against them in excess of their appraised value; and WHEREAS, Chapter 33, Subchapter E, of the Texas Property Tax Code provides a procedure for seizing and selling abandoned real property of less than one acre in size that has delinquent taxes, penalties, interest and costs against it in excess of its appraised value, by tax warrant; and WHEREAS, if the Tax Warrant Properties are seized and offered for sale at a Tax Sale, some or all may be bid -off to the City of Paris, rather than sold to a private bidder; and WHEREAS, should any of the Tax Warrant Properties be bid -off to the CITY, the CITY desires that the Tax Warrant Properties be promptly re -sold by public re -sale in accordance with Texas Property Tax Code Subsections 34.05(c) and (d), subject to any remaining rights of redemption and other rights or privileges provided for by law or court order; and WHEREAS, Texas Property Tax Code Subsection 34.05(b) provides that Trustee Property may be re -sold at any amount if the re -sale is conducted in accordance with Texas Property Tax Code Subsections 34.05(c) and (d); NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of Paris, Texas, that: Section 1. The Sheriff or a Constable is hereby requested to re -sell the Tax Warrant Properties by public sale in accordance with Texas Property Tax Code Subsections 34.05(b), (c) & (d), to the extent that a Tax Warrant Property is bid -off to the City of Paris, and as otherwise permitted by the Texas Property Tax Code. Section 2. That the City Manager or his designee is hereby authorized to set a minimum bid for each property subject to public sale, and to withdraw any individual property (in whole or part) from public sale if it is in the best interests of the City of Paris. Section 3. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the law.