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18 - Requesting the Sheriff or Constable to Re-Sell Bid-Off Tax Properties including Westgate ApartmentsItem No. 18 TO: Mayor & City Council FROM: Gene Anderson, Interim City Manager/Finance Director SUBJECT: WESTGATE APARTMENTS DATE: October 22, 2019 BACKGROUND: The Westgate Apartments are located at 635 7th N.W. in Paris, Texas. The apartments are in a state of disrepair, and the City has been working diligently to address this issue including abating the property on three different occasions. STATUS OF ISSUE: Through the efforts of the City's delinquent tax attorney, an Agreed Default Judgment was signed by a District Judge. This is the first step in the City being able to take the property to a tax sale. The property has approximately $170,000 in tax and abatement liens against it. In the tax sale, this lien amount will be the minimum bid allowed. If the minimum bid is not reached, the property will be bid off to the City. The resolution before the Council authorizes the Sheriff or a Constable to then resell the property at public auction in the event it doesn't sell for the minimum bid or higher at the tax sale. In such a resale, a bid for less than the minimum tax sale bid may be accepted. The City Manager or his designee may set a minimum bid for the resale. Due to the legal procedures required, the earliest possible auction date would be January 7, 2020. It is possible that other factors beyond our control could force the auction to be delayed passed the January 7, 2020 earliest possible date. The Resolution also authorizes the auction of thirty-seven other properties previously bid off to the City or other taxing entity. BUDGET: The city could possibly receive its prorated share of delinquent taxes plus recover some or all of its abatement expenses. RECOMMENDATION: Approve Resolution authorizing the Sheriff or a Constable to re -sell bid -off tax properties in accordance with the Texas Property Tax Code. A RESOLUTION REQUESTING THE SHERIFF OR A CONSTABLE TO RE- SELL BID -OFF TAX PROPERTIES IN ACCORDANCE WITH THE TEXAS PROPERTY TAX CODE WHEREAS, the properties identified in Exhibit "A" (the "Sale Properties") are parcels of real property against which signed judgments foreclosing on ad valorem tax liens (for delinquent taxes) exists, but which have not yet been offered for sale at a public auction or tax sale; and WHEREAS, should the Sale Properties be offered for sale at a future tax sale or public auction and subsequently bid -off to the CITY, the CITY desires that the Sheriff or a Constable re -sell the Sale Properties at public auction in accordance with the 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, the properties identified in Exhibit "B" (the "Resale Properties") are parcels of real property which have been foreclosed upon and offered for sale at public auction pursuant to judgments and orders issued by the District Courts of Lamar County, and subsequently bid -off to the City of Paris ("CITY") as Trustee for itself and other taxing units; and WHEREAS, the CITY desires that the Sheriff or a Constable re -sell the Resale Properties at public auction in accordance with the 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; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the CITY COUNCIL of THE CITY OF PARIS, that: Section 1. The Sheriff or a Constable is hereby requested to promptly re -sell the Sale Properties and ReSale Properties by public sale in accordance with Texas Property Tax Code Subsections 34.05(b), (c) & (d), as otherwise permitted by the Texas Property Tax Code, and as directed by the City Manager or his designee. Section 2. That the City Manager or his designee is hereby authorized to set a minimum bid for each property subject to public re -sale, and to withdraw any individual property (in whole or part) from public sale if it is in the best interests of the CITY. The Properties may be re -sold at one or multiple sales as directed by the City Manager or his designee. Section 3. Any prior private re -sale approval granted by the CITY under Texas Property Tax Code Section 34.05(1) for any of the ReSale Properties is hereby revoked if the tax re -sale deed has not been executed by November 30, 2019. Section 4. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the law„ Tax Re Sale„Resolution, Page I of 4 PASSED AND APPROVED this ATTEST: 1314 Janice Ellis, City Secretary Tax Re -Sale Resolution, Page 2 of 4 day of wm... , 2019. CITY OF PARIS, TEXAS BY Dr. Steve Clifford, Mayor APPROVED AS TO FORM: BY Stephanie Harris, City Attorney Exhibit "A" - "Sale Properties" 01 - LCAD #12932: 'MARTIN BLOCK ADDITION, BLOCK A, LOT 1 THRU 20, NW 7TH'- No. 87473 City of Paris vs. Property Partners I LLC ("Westgate Apartments" -judgment signed October 14, 2019) Exhibit "B" - "ReSale Properties" 0 02 - LCAD #16350: `CITY OF PARIS, BLOCK 144, LOT 11 PT 15 A'- No. 69072, LCAD v Frazier, bid -off March 4, 2003 • 03 - LCAD #10906: `E S CONNER ADDITION, BLOCK 1, LOT 33, 1021 NW 9TH ` -No. 73169 LCAD v Hill, bid -off Dec 5, 2006 • 04 - LCAD #11115 : `EAST PARK ADDITION, BLOCK K, LOT 7' - No. 83 92 8, Paris v Earl Bills, bid -off Jan 6, 2015 0 05 - LCAD #11129: `EAST PARK ADDITION, BLOCK M, LOT 4' -No. 83962, Paris v John H. Sanders, bid -off Jan 6, 2015 • 06 - LCAD #11152: `EAST PARK ADDITION, BLOCK O, LOT 13'- No. 83940, Paris v Mary Malone, bid -off Jan 6, 2015 • 07 - LCAD #11154: `EAST PARK ADDITION, BLOCK O, LOT 15'- No. 83942, Paris v Walter Simmons, bid -off Jan 6, 2015 • 08 - LCAD 422056: `EAST PARK ADDITION, BLOCK G, LOT 6'- No. 83934, Paris v Otis Pemberton, bid -off Jan 6, 2015 • 09 - LCAD #107056: `EAST PARK ADDITION, BLOCK J, LOT 4'- No. 83938, Paris v Carrie Hort, bid -off Jan 6, 2015 • 10 - LCAD #12336: `C C HOPKINS ADDITION, BLOCK 2, LOT 1 • 11 - LCAD #12338: `C C HOPKINS ADDITION, BLOCK 2, LOT 3,1400 BLK FRANKLIN • 12 - LCAD #12339: `C C HOPKINS ADDITION, BLOCK 2, LOT 4 • 13 - LCAD #12652: `JONES ADDITION, BLOCK 1, LOT 10 • 14 - LCAD 412653: `JONES ADDITION, BLOCK 1, LOT 11 • 15 - LCAD #15495: `CITY OF PARIS, BLOCK 100, LOT 1, 906 8TH NW • 16 - LCAD #15500: `CITY OF PARIS, BLOCK 100, LOT 7, 757 W LONG ST • 17 - LCAD #15512: `CITY OF PARIS, BLOCK 100-A, LOT 3,1029 7TH NW • 18 - LCAD #15531 : `CITY OF PARIS, BLOCK 100-C, LOT 4,1328 10TH NW • 19 - LCAD #15532: `CITY OF PARIS, BLOCK 100-C, LOT 5, 10TH NW • 20 - LCAD #15986: `CITY OF PARIS, BLOCK 119-B, LOT 8 • 21 - LCAD #15995: `CITY OF PARIS, BLOCK 119-B, LOT 16,454 5TH SW • 22 - LCAD #22187: `CITY OF PARIS, BLOCK 119-13, LOT 14-B • 23 - LCAD #100913 : `CITY OF PARIS, BLOCK 100-C, LOT 12, 7 1/2 N W • 24 - LCAD #11075 :'EAST PARK ADDITION, BLOCK H, LOT 1-2 • 25 - LCAD #11109: `EAST PARK ADDITION, BLOCK K, LOT 1 • 26 - LCAD #11176: `EAST PARK ADDITION, BLOCK P, LOT 19 • 27 - LCAD #11699: `GIBBONS 1ST ADDITION, BLOCK 5, LOT 3, 626 E HEARON • 28 - LCAD #14837: `CITY OF PARIS, BLOCK 72-A, LOT 17, 800 BLK 7TH NE • 29 - LCAD #15281 :'CITY OF PARIS, BLOCK 89, LOT 1, 449 W PROVINE • 30 - LCAD #19530: `SMITH'S 1ST ADDITION, BLOCK 4, LOT 15, 16, & 17 Tax Re Sale Resolution, Page 3 of 4 • 31 - LCAD #19538: `SMITH'S 1ST ADDITION, BLOCK 5, LOT 10-11-12 • 32 - LCAD 422020: `CITY OF PARIS, BLOCK 89, LOT 10-A, 5TH NW • 33 - LCAD #22029: `PARK ADDITION, BLOCK 1, LOT 5 • 34 - LCAD #22191 :'CITY OF PARIS, BLOCK 174, LOT 7 • 35 - LCAD #39379: `CITY OF PARIS, BLOCK 198, LOT 15 • 36 - LCAD #102150: `CITY OF PARIS, BLOCK 44-A, LOT 4-A • 37 - LCAD #14932: `CITY OF PARIS, BLOCK 74-C, LOT 2, 319 E GROVE • 38 - LCAD #16216: `CITY OF PARIS, BLOCK 136, LOT 11, 334 W BRAM (The rest of this page is blank) 1ax,Re75ale,,.Resolution, Page 4 of 4