06 - Lien Release AuthorityItem No. 6
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: LIEN RELEASE AUTHORITY
DATE: June 29, 2018
BACKGROUND: We unfortunately deal with a significant number of abatement liens related to
code enforcement cases in which the city must do the work when the owner fails to do so. The
city invoices the owner for such work, and then if the owner does not pay, files a lien against the
property so we can collect if and when the property sells.
STATUS OF ISSUE: When a municipal abatement lien becomes uncollectible because a tax suit
has foreclosed it, a need exists to release that lien as soon as is reasonably possible. The attached
resolution will authorize the city manager or his/her designee to execute a release of the lien in
those instances.
BUDGET: NA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE RELEASE OF LIEN
DOCUMENTS
WHEREAS, the City of Paris (the "CITY") files liens against real property within the
city limits of the City to secure payment for the abatement of nuisances, secured closures, and
paving assessments under Texas Health & Safety Code Chapter 342, Texas Local Government
Code Chapter 214, and Texas Transportation Code Chapter 313 (a "Lien" or the "Liens"); and
WHEREAS, some of these Liens are foreclosed upon, or otherwise made uncollectible,
by judgment and sale in delinquent tax suits that the City is a party to; and
WHEREAS, it is in the City's best interest that if a Lien has been foreclosed upon, or
otherwise made uncollectible, that it be released as soon as is reasonably possible, upon request;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY
COUNCIL THAT:
Section 1. Should the City Attorney or the City's delinquent tax collection attorney
determine that a Lien has been foreclosed upon or otherwise made uncollectible due to the
prosecution of a delinquent tax collection suit, delinquent tax sale, or the re -sale of previously
bid -off tax properties, then the City Manager or his designee is hereby authorized to execute a
release of that Lien for filing in the deed records of the county in which the real property is
located. The City Attorney or the City's delinquent tax collection attorney shall prepare the
release of Lien and approve it as to form prior to the City Manager or his designee executing it.
Section 2. This Resolution shall take effect immediately from and after its passage in
accordance with the provisions of the law.
PASSED AND APPROVED this 9th day of July, 2018.
CITY OF PARIS, TEXAS
BY
Dr. Steve Clifford, Mayor
ATTEST: APPROVED AS TO FORM:
BY BY
Janice Ellis, City Secretary Stephanie Harris, City Attorney
Resolution: release of liens made uncollectible, b deliniluent tax collections actions, Page 1 of 1