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13 - Resolution - Re-sell Tax Foreclosed PropertiesItem No. 13 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: TAX SALE DATE: December 7, 2015 BACKGROUND: Our delinquent tax attorney, Tracy Pounders, continues to try to address delinquencies in more and unique ways, and conduct regular property tax sales. Out next sale is tentatively scheduled for January 5, 2016 at 10:15 am. STATUS OF ISSUE: Prior to that date, consistent with the Texas Property Tax Code, we need a new council resolution authorizing the Sheriff or a Constable to re -sell tax warrant properties that are not sold at public sale, but bid off to the City of Paris. This is substantially the same as previous resolutions submitted for the same purpose, except for having a new list of properties. BUDGET: NA RECOMMENDATION: Approve resolution. RESOLUTION NO. A RESOLUTION REQUESTING THE SHERIFF OR A CONSTABLE TO RE -SELL TAX FORECLOSED PROPERTIES IN ACCORDANCE WITH TEXAS PROPERTY TAX CODE SECTION 34.05. 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 as authorized by the Texas Property Tax Code, 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, the properties identified in Exhibit "B" (the "Trustee Properties ") are parcels of real property which have previously been bid -off either to the City of Paris or to Lamar County and may be re -sold 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 tax properties bid off to a local government 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. The Sheriff or a Constable is hereby requested to re -sell the Trustee Properties by public sale in accordance with Texas Property Tax Code Subsections 34.05(b), (c) & (d), as permitted by the Texas Property Tax Code. Section 3. 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 4. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the law. PASSED AND APPROVED this 14th day of December, 2015. ATTEST: BY Janice Ellis, City Clerk APPROVED AS TO FORM: BY W. Kent McIlyar, City Attorney CITY OF PARIS, TEXAS BY Sue Lancaster, Mayor Pro -Tem Exhibit "A" - "Tax Warrant Properties" 10170 0.390 BELMONT ADDITION, BLOCK 4, LOT 12- 13 -14, 860 NE 13TH CAUSE 73959 12336 0.090 C C HOPKINS ADDITION, BLOCK 2, LOT 1 12338 0.080 C C HOPKINS ADDITION, BLOCK 2, LOT 3,1400 BLK FRANKLIN 12339 0.080 C C HOPKINS ADDITION, BLOCK 2, LOT 4 12644 0.170 JONES ADDITION, BLOCK 1, LOT 1, 1289 NW 7TH 12652 0.130 JONES ADDITION, BLOCK 1, LOT 10 12653 0.130 JONES ADDITION, BLOCK 1, LOT 11 12654 0.060 JONES ADDITION, BLOCK 1, LOT S 1/2 OF 12 12655 0.220 JONES ADDITION, BLOCK 1, LOT PT 12 & 13, 7 1/2 NW ST 14220 0.230 CITY OF PARIS, BLOCK 52, LOT 11, VACANT LOT ON NW 7TH 14389 0.170 CITY OF PARIS, BLOCK 60, LOT 36,639 5TH NE 14390 0.070 CITY OF PARIS, BLOCK 60, LOT 37, 649 5TH NE 14391 0.130 CITY OF PARIS, BLOCK 60, LOT 38,444 E TUDOR 15495 0.140 CITY OF PARIS, BLOCK 100, LOT 1, 906 8TH NW 15500 0.120 CITY OF PARIS, BLOCK 100, LOT 7,757 W LONG ST 15512 0.150 CITY OF PARIS, BLOCK 100 -A, LOT 3, 1029 7TH NW 15516 0.440 CITY OF PARIS, BLOCK 100 -A, LOT PT 7, 9TH NW CITY OF PARIS, BLOCK 100 -A, LOT 7 -A & 8,751 W GARRETT, CAUSE 15517 0.210 46316 15520 0.210 CITY OF PARIS, BLOCK 100 -A, LOT 11, W LONG 15521 0.120 CITY OF PARIS, BLOCK 100 -A, LOT 12, 728 LONG ST CAUSE #46322 15530 0.120 CITY OF PARIS, BLOCK 100 -C, LOT 2 -A, 10TH NW 15531 0.170 CITY OF PARIS, BLOCK 100 -C, LOT 4,1328 10TH NW CAUSE #46328 15532 0.253 CITY OF PARIS, BLOCK 100 -C, LOT 5, 10TH NW 15533 0.309 CITY OF PARIS, BLOCK 100 -C, LOT 6,1330 10TH NW 15335 0.090 CITY OF PARIS, BLOCK 91, LOT 18, 729 1ST NE 15540 0.230 CITY OF PARIS, BLOCK 101, LOT 2,935 W GARRETT ST 15541 0.190 CITY OF PARIS, BLOCK 101, LOT 3,945 W GARRETT ST 15542 0.240 CITY OF PARIS, BLOCK 101, LOT 4,1015 W GARRETT ST 15547 0.280 CITY OF PARIS, BLOCK 101 -A, LOT 1, 1104 11TH NW 15548 0.070 CITY OF PARIS, BLOCK 101 -A, LOT 2,1116 11TH NW 15549 0.080 CITY OF PARIS, BLOCK 101 -A, LOT 3,1124 11TH NW 15553 0.350 CITY OF PARIS, BLOCK 101 -A, LOT 7 & 8,1242 I ITH NW 15557 0.300 CITY OF PARIS, BLOCK 101 -B, LOT 3, 11TH NW CAUSE 71173 15824 0.190 CITY OF PARIS, BLOCK 112 -F, LOT 2 & WEST 3 FT OF 3,1500 E HEARON 15891 0.090 CITY OF PARIS, BLOCK 115, LOT 10 -A, 345 7TH SE 15896 0.240 CITY OF PARIS, BLOCK 115, LOT 14, 728 E AUSTIN 15934 0.100 CITY OF PARIS, BLOCK 118, LOT 15, 440 SW 3RD CAUSE81256 15936 0.070 CITY OF PARIS, BLOCK 118, LOT 17 -A, 332 W SHERMAN 15937 0.060 CITY OF PARIS, BLOCK 118, LOT PT 17, N SHERMAN 15938 0.100 CITY OF PARIS, BLOCK 118, LOT 18,338 W SHERMAN, CAUSE #61186 15939 0.070 CITY OF PARIS, BLOCK 118, LOT 19,348 W SHERMAN 15940 0.120 CITY OF PARIS, BLOCK 118, LOT 20,358 W SHERMAN ST 15956 0.150 CITY OF PARIS, BLOCK 119, LOT 3, 316 4TH SW 15973 0.140 CITY OF PARIS, BLOCK 119 -A, LOT 9,610 W AUSTIN 15976 0.140 CITY OF PARIS, BLOCK 119 -A, LOT 12, 638 W AUSTIN 15986 0.380 CITY OF PARIS, BLOCK 119 -B, LOT 8 15995 0.235 CITY OF PARIS, BLOCK 119 -B, LOT 16,454 5TH SW 16005 0.110 CITY OF PARIS, BLOCK 119 -13, LOT 26, 519 W AUSTIN 16625 0.140 CITY OF PARIS, BLOCK 160, LOT 17,1030 SE 5TH 16626 0.140 CITY OF PARIS, BLOCK 160, LOT 18,1040 SE 5TH 16650 0.290 CITY OF PARIS, BLOCK 160, LOT 45,1009 SE 3RD 18821 0.420 CITY OF PARIS, BLOCK 324, LOT 8, W SIDE NW LOOP 286 19065 0.287 PARK ADDITION, BLOCK 1, LOT 14,1325 NW 7TH 22066 0.220 CITY OF PARIS, BLOCK 100, LOT 5 22187 0.180 CITY OF PARIS, BLOCK 119 -B, LOT 14 -B 39604 0.080 CITY OF PARIS, BLOCK 101 -A, LOT 3 -A, 1130 11TH NW 100257 0.240 CITY OF PARIS, BLOCK 100 -C, LOT 2, 10TH NW 100913 0.170 CITY OF PARIS, BLOCK 100 -C, LOT 12, 7 1/2 N W (The rest of this page is blank) Exhibit "B" — "Trustee Properties" 11134 0.350 EAST PARK ADDITION, BLOCK M, LOT 9,1435 15TH NE