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HomeMy WebLinkAboutR-2010-12 public resale of real property acquired by City of La Porte/tax foreclosure by constable of Harris County/North 10th Street RESOLUTION NO. 2010- I L A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 28th day of June 2010, at the regularly scheduled meeting of the City Council of the City of La Porte, a motion was duly made and seconded for the City of La Porte to resell property described on Exhibit "A" attached hereto, which was acquired through tax foreclosure proceedings. The City of La Porte requests that the Constable of Harris County conduct such sale in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, and that such sale be held at the earliest available date in accordance with the laws of the State of Texas; and further that the City of La Porte notify the Constable that it would not object to a sale price of such property in the sum of: See Exhibit "A". Discussion amongst the City Council was then conducted, and upon completion of the same the Mayor of the City of La Porte called a vote on the motion, and the same was passed by majority. Now therefore: BE IT RESOLVED by the City Council of the City of La Porte, Texas, that the City of La Porte offer for resale, in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, the property described on Exhibit "A" and that the Constable is hereby requested to conduct such sale in accordance with such statutes at the earliest possible date and further, that a minimum acceptable sale price for such property is as set forth on Exhibit "A". Passed by the City Council 28th day of June, 2010. ATTEST: CJ!1.!lId,.~ Mart a A. Gillett, City Secretary u~r~ Clark Askins, Assistant City Attorney ..... . ,'" .. ;~~ " .~~", , 1'''- /' J4lr. " , 411" Ii ... 4< TAX RESALE PROPERTY HeAD #: 0401770000034 Property ID: P195 LeQal Description: TR 5B ABST 5 E BRINSON 54 Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Real Property Account Preliminary Values HCAD Account # : 0401770000034 Tax Year: I?~~~. Owner Name: HOUSTON INTNL SEAFARER'S Ownership History... Owner Address: CENTER INC PO BOX 1434 DEER PARK TX 77536-1434 Property Address: 0 N 10TH ST INVAUD ZIP 00000 Legal Description : TR 5B ABST 5 E BRINSON State Class Code : C2 -- Real, Vacant Commercial Homestead Exemption : -- Special Exemption : -- Disabled Veteran Exemption(s) : -- Jurisdiction Codes: 020 040 047 071 Overlapping/Shared CAD: No Capped Account: No Notice Date: 4/28/2003 ARB Approved : Value Status : Noticed, Not Certified Your taxes will be based on Appraised Value, less applicable exemptions, if any. Use market value for comparison with your neighbors. The appraised value below will reflect the homestead cap if applicable. Valuation : TY2003Pre Land: Improvement : Ag/Tmbr/Spc : Total Value : vious 21,780 o o 21,780 Change o o o o Appraised Value 21,780 o o 21,780 Market Value 5-Year Value History... Note: Year 2003 (current year) values are still preliminary and not all values are available. They are subject to change as a result of protests, corrections, and ARB review. Values should be final by late summer. Also, if a preliminary value has yet to be determined, values for the current year will be blank. For any problems or questions with any account, please email us with the account number ., Real: Account Number Address Owner Name Personal: Account Number Address Real Property Additional Data Account Number: 0401770000034 Location : 0 N 10TH ST Tax Year: 2003 View Main Screen [] Parcel ID : 20 - 00920.1 - 16.1 - 028.2 - 0/000 - 001 5 Land Use : Commercial Vacant Land Land Area: 43,560 sq. ft. Map Facet : 6254A Key Map : 540T Neighborhood : C204.2 Building Class : v . CAMA Class : Commercial, Vacant Total Living Units: 0 Total Units : 0 Parking Type / Qty / Prox : None / None I Far For any problems or questions with any account, please email us with the account number (if you have it) and the nature of the problem or question. Home Records Maps Forms HeAD Info Links News CustomCAMA WebRDE Page 1 of 1 CAMA Detail Navigate Search ... ! Tax Year: 2010 NH Group: 0 Summary I Appraised I Neighborhood: Alternate Cost . Noticed 9701 2010 Summary Legal Primary Method: Notice Description Land: $21,780 TR5B Building: $0 ABST 5 E BRINSON XFOB: $0 Site Address New Construction: $0 ~ ON 10TH ST , LA PORTE Total Market: $21,780 77571 Cap Reduction: $0 AKA: Mail To: Total Appraised: $21,780 Account #: 040-177-000-0034 Property Use: I X1 I Governmental Exempt Ownershi : Owner Address PO BOX 1115 LA PORTE, TX 77572-1115 New Owner Date: 1/1/2004 http://webrde.hcad.org/info.asp ?strap=040 1 770000034&ty=20 10 6/1 0/20 1 0 "'ORDER OF SALE IN TAX SUIT TR# ?16~t~3F THE STATE OF TEXAS TO: ANY SHERIFF OR ANY CONSTABLE WITHIN THE STATE OF TEXAS, GREETING: WHEREAS, in the suit set forth below, Plaintiff, recovered a judgment of foreclosure on delinquent taxes, penalties, interest, costs and expenses of suit and sale, in those amounts and on the date as shown and fully set forth in such judgment, a copy of which is attached hereto and incorporated by reference; WHEREAS, the Judgement constituted a foreclosure of the lien for taxes due to the Plaintiff upon the property described in such Judgment; WHEREAS, the suit on which the Judgment is based is identified as follows, such judgment also providing for the recovery of all court costs and expenses of suit as shown: Cause No. 2002-21870; CITY OF LA PORTE VS. INTERNATIONAL SEAMEN'S CENTER (AKA HOUSTON), See attached true and correct copy of judgment signed on DECEMBER 9,2002 recorded in Volume and Page Number and/or Image No. 1250843 of the Minutes of the District Court, for the following matter; a) taxes, penalties, interest, attorney fees, abstractors' fees, attorney ad litem fees and Tax Master fee recovered by said judgment; b) description of the property foreclosed by said judgment; and c) the adjudged market value of said property as fIxed in the judgment, all of which matters are incorporated herein by reference. Also see attached Bill of Costs, same being incorporated herein by reference. THEREFORE, WITII RESPECT TO THE nIDGMENT OF PLAINTIFF(S) AND/OR INTERVENORS, YOU ARE HEREBY COMMANDED to proceed to seize, levy upon, and advertise for sale under Execution the property descnbed in said judgment and sell the same to the highest bidder (hereinafter called "Purchaser") for cash, pursuant to Sections 34.01 and 33.50 of the Texas Property Tax Code. It is further specified herein that the property may be sold to a taxing unit that is party to the suit or to any other person, other than a person owning an interest in the property or any party to the suit that is not a taxing unit, for the adjudged value of the property as stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. You are further commanded that the property may not be sold to a person owning an interest in the property or to a person who is a party to the suit other than a taxing unit unless (I) that person is the highest bidder at the tax sale, and (2) the amount bid by that person is equal to or greater than the aggregate amount of the judgment against the property, including all costs of the suit and sale. You are further commanded to make such sale subject to the right of the Defendant(s) to redeem the property pursuant to Section 34.21 of the Texas Property Tax Code; and, further, you are commanded to make to the Purchaser, or the Purchaser's designee, your Deed thereto, subject to said right of redemption. You are further commanded to place the Purchaser, or the Purchaser's designee, in possession of the property so sold in accordance with the provisions of said Judgment, attached hereto. You are commanded to apply the proceeds of such sale to the payment of the judgment of Plaintiff, plus the interest, penalties, costs and expenses of suit, and attorney's fees as set out in said judgment, and further, there be, shall be paid to the Oerk of the District Court to be retained by said Clerk, subject to the order of said Court, in accordance with the statutes of the State of Texas. HEREIN FAIL NOT, and make due return of this Writ within 180 days from the issuance hereof: with your endorsement ther~~Q1tY]OU have executed the same. .; t( fe. ISSUED UNDER..~~~~~ai_.ofOffice at Houston, Texas this 2? day of '/Jt'/AA1l '-I ' 2003. I ~ ..........-........ C" ''''", . I ~/~.. "\ <1-:. \ Issued at the request ofl 0 i \ ~. \ . U ' I ....,. Terry G. Wiseman f l i -< ~ Perdue, Brandon, Fieldh,~oUins L.:ri.'P-t J "'Ii: ~ . " """"'l 1235 North Loop West, ~~ 000 V ....../ if'j Houston, Texas 77008 ,iSj.;'-- C;.,,/ ~ {r ....~.. -~-.,.~...~.-" Charles Bacarisse, District Clerk H~;Z'_T~ By: L Deputy Page 15 of28 CHARLES BACARISSE DISIRlCT CLERK STATEMENT OF ACCRUED COSTSIFEES TInS IS NOT A Bll.L CITY OF LA PORTE vs HOUSTON INTERNATIONAL SEAMEN'S CENTER (AKA HOUSTON PERDUE,BRANDON FIElDER COLLINS&MOTT UP Cause: 7-200221870 2600 CIT ADE!.. PJ..ZJI500 Court: 333 HOUSTON, 'DC 77008 Judgment Date: Issued at the Request of: PERDUE,BRANDON FIELDER COLLINS&MOTT UP nt.nl RcrLl1:1Y ASSESED TO/COLLECTFD FROM mE ITEM DESCRIPTION FEESlCOSTS um 02/2512003 135039 PERDUE,BRANDON FIElDER COLLINS&MOTT UP ASMT ORDER OF SALE 8.00 0.00 02/2512003 135039 PERDUE,BRANDON FIElDER COLLINS&MOTT UP ASMT UNCERTIFlED COPIES 7.00 0.00 02/2512003 135039 PERDUE,BRANDON FIELDER COllINS&MOTT UP ASMT CONSTABLE FEE-TAX SALE 400.00 0.00 0811612002 41989 SAN JACINTO COMMUNTIY COLLEGE DISIRlCT ASMT FILlNG INTERVENTION 15.00 0.00 08/1612002 41989 SAN JACINTO COMMUNTIY COLLEGE DISTRICT ASMT SECURITY FEE 1.00 0.00 08/1612002 41989 SAN JACINTO COMMUNTIY COLLEGE DISTRICT ASMT LEGAL SRVCS FEE-FAMILYIDIST 10.00 0.00 0713012002 41425 LINEBARGER, HEARD GooGAN BLAIR GRAHAM ASMT FILlNG INTERVENTION 15.00 0.00 PENA & SAMPS 07/3012002 41425 LINEBARGER, HEARD GooGAN BLAIR GRAHAM ASMT SECURITY FEE 1.00 0.00 PENA & SAMPS 0713012002 41425 LINEBARGER, HEARD GOOGAN BLAIR GRAHAM ASMT LEGAL SRVCS FEE-FAMILYIDIST 10.00 0.00 PENA & SAMPS 0611212002 39111 CITY OF LA PORTE ASMT CITATION 2 COPIES 12.00 0.00 05/0212002 103423 CITY OF LA PORTE ASMT FlUNG NEW CASE 45.00 0.00 05/0212002 103423 CITY OF LA PORTE ASMT CITATIONWTrn I COPY 8.00 0.00 05/0212002 103423 CITY OF LA PORTE ASMT SECURITY SERVICE FEE 5.00 0.00 0510212002 103423 CITY OF LA PORTE ASMT RECORD PRESERVATION FEE 5.00 0.00 05/0212002 103423 CITY OF LA PORTE ASMT CaNST ABLE FEE- T AX 60.00 0.00 05/0212002 103423 CITY OF LA PORTE ASMT JUDICIAL FlUNG FEE 40.00 0.00 0510212002 103423 CITY OF LA PORTE ASMT LEGAL SRVCS FEE-FAMIL Y IDIST 10.00 0.00 TOTAL All FEES: 652.00 0.00 BALANCE DUE All FEES: 652.00 SWTIIIIlIJY CITY OF LA PORTE LINEBARGER, HEARD GooGAN BLAIR GRAHAM PENA & SAMPS PERDUE,BRANDON FIElDER COLLINS&MOTT UP SAN JACINTO COMMUNITY COLLEGE DISIRlCT Costs Paid Due CHARLES BACARlSSE DISTRICT CLERK -~.aO~ ~ (713) - 755-5769 February 26, 2003 SI85.00 SO.OO SI85.00 S26.00 SO.OO S26.00 S415.00 SO.OO S415.00 S26.00 so.OO S26.00 Statement Totals: S652.00 SO.OO S652.00 TAXABLE COST NOT ASSESSED BY DISIRlCT CLERK'S OFFICE TAX MASTER FEE: S50.00 PAY ABLE TO: Chris Stacy DEPUTY. MONEY DUE CHARLES BACARISSE, DISTRICT CLERK S652.00 CAUSE NO. 2002-21870 ~1 I r- /:u - --~------~W/--~- I .. CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT VS. HOUSTON INTERNATIONAL SEAMEN'S CENTER A/K/A HOUSTON INTERNATIONAL SEAMEN'S CENTER i IN THE DISTRICT COURT OF i i i i S HARRIS COUNTY, TEXAS 333RD JUDICIAL DISTRICT F I L E CHARLES BACARISSB D OlSlncr CIeri: JUDGMENT OCT 1 5 ?nn1 (.~~ By:t~lt... _ DepUty SAN JACINTO COMMUNITY COLLEGE DISTRICT On October 15, 2002, this cause being called ~n 1ts regular order, came the Pla~ntiff Tax~ng Unites) whether Plaint1ff(s), Intervenor(s)~or Impleaded Plaintiff(s), to W1t: CITY OF LA PORTE LA PORTE INDEPENDENT SCHOOL DISTRICT (LA PORTE ISD) HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, THE HARRIS COUNTY HOSPITAL DISTRICT (HARRIS COUNTY) SAN JACINTO COMMUNITY COLLEGE DISTRICT (SAN JACINTO CCO) The defendants are as follows: HOUSTON INTERNATIONAL SEAMEN'S CENTER A/K/A HOUSTON INTERNATIONAL SEAMEN'S CENTER: has filed an ~r and was g1ven notice of the Trial date.(INR~ ONL~ ~ Said cause coming on for trial and no jury hav~ng been demanded, all part1es announced ready. All matters of controversy, both of fact and of law, were submitted to the Court. The Court, after cons~der1ng the plead1ngs, evidence, and arguments of counsel, grants Judgment as follows; IT IS ORDERED that the pla1ntiff Taxing UnicTsY-recover~oi and from the Defendant(s), as indicated above, the total sums of money set out below, wh1ch claims are secured by tax liens aga1nst the property hereinafter described; TRACT 1. TRACT 5B, ABSTRAC'l' 5, B BIUHSON, AN ADDITION :IN HARRIS COllNTY, '1'BXAS, HOD PUTICOLARLY DBSCRXBED IN A DBED PILED IN TB:z REAL PROPUft RBCORDS 0.. HAJUUS COlINTY, TEXAS 'ONDER CLBRX'S FILa NONBER R763220. Account No. 040-177-000-0034 Ad)udged Market Value: 21780.00 TRACT 1 TAX YEAIS Del inquen I'enIIlty .. 3348 Tftle Total t .... Inter.at Atty'. f.. lI_rch Tax cln Of LA PaRTE 1996 . z001 1541.24 1371.94 $ SZ5O.0D $1163 111 LAPORTE ISO 1996 - zoot 11232.75 1843.30 s S 12076 05 IIAIR I S CCUlTY r1""~Ol . tft3.~ s '3af'MR s - I- S i'll ,IS SAIl JACIIITO CCD I"q, ~DC>1 s 1fD.1I $ bO"~ $ S - sJSl).~ s , S $ S S S S S $ IT IS ORDERED that the Pla1ntiff Taxing Unit(s), do have and recover from the Defendant(s) interest at the rate of one (1%) percent per month on the base tax amount(s) for the 2001 and pr10r tax years beg1nn1ng November 1, 2002 until paid. IT IS ORDERED that the PlaUiffrr-Taxing untets-)--,-do have and~ver from the Defendant(s), all costs of suit, sale and resale allowable by law, that have been and w1l1 be 1ncurred 1n the prosecution of this cause and the collection of this judgment. All costs of suit, sale and resale are a charge aga1nst the property subject to foreclosure 10 the suit and shall be collected out of the proceeds of the sale and/or resale of the property and charged against the Defendant(s), for which let execution 1ssue. IT IS ORDERED that CHRIS STACY, Tax Master be awarded 50.00 as a Tax Master Fee and that such amount be taxed as costs in th1s case. IT IS ORDERED that the following tax1ng un1ts, hav1ng been Joined herein but having failed to plead and prove their claims for del1nquent taxes on the above described real property, shall have their tax liens on such property extin,guished for all delinquent taxes due, as of the date of th1s Judgment, pursuant to the provisions of Section 33.44 of the Texas Property Tax Code, to wit: NONE IT IS ORDERED that a tax lien aga1nst each of the above-descr1bed tracts of land secures the payment of all taxes, penalt1es, interest, abstractor's fees, attorneys fees, and costs of court, attributable to each of said tracts. Such tax l1en(s) are pr10r and super10r to all claims, r1ght, title, interest, or lien(s) asserted by any Defendant(s) here1n. Pla1ntiff Taxing Un1t(s) shall have foreclosure of sa1d tax lien(s) on each of said tracts of land against the Defendant(s) or any person(s) cla1m1ng under said Defendant(s) by any right, title or 1nterest acquired during the pendency of this SU1t. Further, said property is ORDERED SOLD in sat1sfact10n of the amount of the Judgment. The clerk of this court 1S directed to issue an order of sale, upon the request of any Plaintiff Taxing Un1.t that is party to this suit, commanding~that~-SileT1-f-f----or--afty Constable of the State of Texas se1ze, levy upon, advertise for sale, and sell sa1d tracts of land to the h1.ghest b1dder for cash, as under execut1on, pursuant to the provis1.ons of Chapter 34 of the Texas Property Tax Code. IT IS ORDERED that the property may be sold to a taxing unit that 1S a party to the suit or any other person, other than a person OWD1.ng an interest 1.n the property or any party to the SU1.t that is not a taxing un1t, for the market value of the property stated in the judgment or the aggregate amount of the Judgments against the property, wh1chever is less. IT IS ORDERED that if the property is sold for the adJudged value, the net proceeds shall belong and be distr1.buted to all taxing units wh1.ch were parties to th1.s su~t and which have been adJudged to have tax liens aga1.nst said property, pro rata and in proportion to the amounts of their respect1ve tax liens as establ1.shed in th1.s Judgment. IT IS ORDERED that any excess in the proceeds of sale over and above the amount necessary to defray the cost of suit, sale, and other expenses made chargeable in this suit against such proceeds and to fully discharge the Judgments against sa1.d property, shall be pa1.d to the clerk of th1.S Court and be reta1.ned by said clerk for dispos1.t1.on ~o any part1.es legally entitled thereto in accordance with the terms and prov1.s1.ons of the Texas Property Tax Code. IT IS ORDERED that the clerk of th1.s court shall issue a writ of possesB1on, as author1.zed by law, to the purchaser at the foreclosure sale or h1.s he1rs, executors, administrators or assigns pursuant to the Texas Property Tax Code. . -~..~-------~---~--------------- _.~-~ IT IS ORDERED that Pla~nt~ff Taxing lJIiltTsTare anowel:t-suc-h- writ:;J cUld processes as may be necessary in the enforcement and collection of thls Judgment. IT IS ORDERED that this Judgment ~s all things w1thout preJud1ce to the author1ty and power of Pla1nt1ff Tax1ng Un1t(s) to hereafter levy and collect taxes or to mainta1n a SU1t or suits to enforce and recover any taxes for the 2002 tax year and/or subsequent tax years on the property hereln described. IT IS ORDERED that all parties heretofore named 1n any pleadlngs filed by any party and not lncluded 1n this Judgment, and any property set out 1n prevlous pleadings but not included 1n th1S Judgment, are hereby d1smlssed without pre]UdlCe to the right to refile the1r claims. Any other rellef prevlously request~d and not herein granted is expressly denied. IT IS ORDERED that for all Signed this the day of thi#i{tiecovery , let execution issue. APPROVED AS TO FORM: PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. By: ~ ~ TE Y G. ~ SBO #21816500 JASON L. BAILEY SBOT #00790253 R. GREGORY EAST SOOT 1#24007138 YOLANDA M. HUMPHREY SBOT #24009764 1235 North Loop West, Suite 600 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 FAX LINEBARGER, HEARD, GOGAN, BLAIR GRAHAM, PENA & SAMPS~ LLP BY~~~~~~' ~~0~79~~ SIPRA SYNGAL SBOT #24027903 1021 MAIN, SUITE 1500 HOUSTON, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX DANI ceo BY SBOT# 11550 HOUSTON, TEXAS 77034 281/484-8400 281/484-2860 FAX '.. ; . ~------------~----- ~nnCA'1'B 0,. SBRVICB I, TERRY G. WISEMAN/JASON L. BAILEY/R. GREGORY EAST/YOLANDA M. HUMPHREY do certify that a true and correct copy of the above and foregolng instrument was served upon all parties in accordance with Rule 21(a) T.R.C.P. ir~~ R. GREGORY EAST YOLANDA M. HUMPHREY " THE STATE OF TEXAS } ~\q< \ -~/ I r,:e '\\\ If." ,>-' 8' t d- GefJN'FY-f}FHA.-RRJS~}----K-now-all-men-JJy-these-P-1'-e~-nts.,-------------_._-- W7 ::'7'...)273 06/0J/OJ 10016~351 DEED UNDER ORDER OF SALE H 2.00 THAT WHEREAS, by virtue of a certain Order of Sale in Tax Suits issued out of the 333rd Judicial (~! District Court of Harris County, Texas, in Cause No. 2002-21870 on the 26th day of February, 2003, in favor 4- of Plaintiffs, City of La Porte, La Porte Independent Sch.pol District, Harris County, H~s County Education }/:.C ~/ Department, Port of Houston of Harris County Authority, Harris County Flood Control District, The Harris..;;)/l;.( \J'YCounty Hospital District and San Jacinto Community College District, and against Defendant, Houston International Seamen's Center A/KJ A Houston International Seamen's Center, on a certain judgment and decree of sale, rendered on the 9th day of December, 2002, and directed and delivered to me as Constable, Precinct No.8, of Harris County, Texas, commanding me to seize and sell the premises described in said order of sale in tax suits, I, Bill Bailey, Constable, Precinct No.8, of Harris County, Texas, did upon the 19th day of March. 2003, levy upon and advertise for sale the said land and premises described in said order of sale, by having a notice of the sale published in the English language once a week for three consecutive weeks preceding the day of the sale, in the Daily Court Review, a newspaper published in Harris County, Texas, the fust of said publications appearing not less than twenty days immediately preceding the day of the sale; said notice of sale containing a statement of the authority by virtue of which the sale is to be made, the time of levy, time and place of sale; also a brief description of the property to be sold, the number of acres, I /.', original survey, locality in the county, and the name by which the land is most generally known. I also ;, ~:. mailed to Houston International Seamen's Center A/KJA Houston International Seamen's Center, of theclf,i . above named defendant(s), a notice of the sale, directed to them at their last known address. On the fust Tuesday in May, 2003, same being the 6th day of May, 2003, between the hours of ten o'clock am., and four o'clock p.m., I sold said hereinafter described land and premises at public vendue in the County of Harris, State of Texas, at the door of the Court House of said Harris County, Texas, and the premises hereinafter described were struck off to CITY OF LA PORTE, for the use and benefit of itself and the above named other taxing units that established tax liens in Cause No. 2002-21870 in the 333rd Judicial District Court of Harris County, Texas, for the amount of taxes owing, including interest and penalties. NOW, THEREFORE, I, Bill Bailey, Constable, Precinct No.8, of Harris County, Texas have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said CITY OF LA PORTE, for t.he use and benefit of it"elf and the above named other taxing units that established tax liens in Cause No. 2002-21870 in the 333rd Judicial District Court of Harris County, Texas, all of the estate, right, title and interest which the said Houston International Seamen's Center A/KJ A Houston International Seamen's Center, had on the 6th day of May, 2003, or at any time afterwards, in and to the following land and premises, as described in said order of sale in tax suits, viz: Tract 1. Tract 5B, Abstract 5, E Brinson, an addition in Harris County, Texas, more particularly described in a deed fIled in the real property records of Harris County, Texas under Clerk's File Number R763220 HCAD #040-177-000-0034 I ; , ..L,.../ FILE FOA AECOAO 8:00 AM JUN -3 2003 ~.xf~~--/ County Clerk. Harris County, T.. PAGE 2 DEED UNDER ORDER OF SALE CAUSE NO. 2002-21870 -~UFLA POK 1 E---:-,---------~ VS HOUSTON INTERNATIONAL SEAMEN'S CENTER illY PIlOYISOIl HEREl'I WItCl: lll'tTilCTS 1liE SAlE, REHlAl, a! USE OF TlEllESCRIlED RfAL f'R(JlERTT BECAllSE OF ala! OR RACE IS NV/iID A/l) UlENFORCEW IllIlER fEDERAL LAW THE STATE OF TEXAS . COUNTY OF HARRIS I hlRbycdyhllil i1INwt... FlED in fie...... s..-1I1" _nf It.. he IIItIIpeIf IlIreaI ~ lie; IDllWlt RIyllECOR.I!l;~ 'J 1M MeW PIbIc..... "hi """"''' HwriI CoIIty~ -- --~-~----- JUN - 3 2003 e ~4~ COUNTY CLERK !;ARRIS COUNTY, TEXAS TO HAVE AND TO HOLD the above described land and premises unto the said CITY OF LA PORTE, for the use and benefit of itself and the above named other taxing units that established tax liens in Cause No. 2002-21870 in the 333rd Judicial District Court of Harris County, Texas their heirs and assigns forever, as fully and as absolutely as I, as Constable, Precinct No.8, of Harris County, Texas, can convey by virtue of said order of sale in tax suits. In Testimony Whereof, I have hereunto set my hand, this r day of May, 2003. f / ,- ,/ IL.t--/ I '. THESTATEOFTEXAS } COUNTY OF HARRIS } RECORDERS MEMORANDUM ALL BLACKOUTS, ADDITIONS AND CHANGES WERE PRESENT AT THE TIME THE !~!S'TRLit,~ENT W\S FILED AND Ri:CORDED, BEFORE ME, the undersigned Notary Public in and for Harris County, Texas, on this day personally appeared Bill Bailey, Constable, Precinct No.8, of Harris County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that he executed the same as Constable, Precinct No.8, of Harris County, Texas, for the purposes and consideration, and in the capacity therein expressed. /7Y11 Given under my hand and seal of office, this day of May, 2003. L Public in and for The State of Texas I J ~ tfr j-;~ &f; 'f ~~ % ~ lP.f~p,f ,~. ;#,rJ~ JJ _I.,.J.I!I~ "7Y: -rzz:) 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28. 2010 Appropriation Requested By: Kathv Powell Source of Funds: Department: Finance Account Number: Report: Resolution: -X-Ordinance: Amount Budgeted: Exhibits: Resolutions Amount Requested: Exhibits: Tax Codes Sect 34.05 (a) (c) (d) t Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and there has been no interest in purchasing the property at the minimum bid amount set by the judgment; at this time we are asking the city council to pass a resolution to lower the minimum bid so that we can have a second public sale by the constables office and hopefully get an interested party that will purchase these properties so that they can be taxable again; or even develop the properties. Section 34.05 (c) The taxing unit purchasing the property by resolution of its governing body may request the sheriff or a constable to sell the property at a public sale. If the purchasing taxing unit has not sold the property within six months after the date on which the owner's right of redemption terminates (these properties have past the redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing body may request the sheriff or a constable in writing to sell the property at a public sale. On receipt of a request made under this subsection, the sheriff or constable shall sell the property at a public sale as provided by Subsection (d). The minimum bid was arrived at by either the amount of costs in the judgment or a percentage of the HCAD value. The goal is to get the property back on the tax roll as taxable property. P054 - Lots 7,8 & 9 Block 790 Town of La Porte (30% of HCAD value) P059 - Trs 26 through 32 Block 1446 Town of La Porte (Costs - Tanks in the ground) P086 - Lot 6 Block 6 Brookglen Section I RIP (Approximate Costs) PI18 - Lot 4 & SI8ft of Lot 3 & NI4ft of Lot 5 Block 178 Town of La Porte (Approximate Costs) PI43 - Lots 51 & 52 Block 24 Bayfront to La Porte (Approximate Costs) P195 - Tr 5B Abst 5 E Brinson (Approximate Costs - Land Locked) P198 - Lots 3 & 4 Block 89 Town of La Porte (Approximate Costs) Action Required bv Council: r approval of the Resolutions authorizing the constable's office to hold a second public sale on the properties ove. Ron Bottoms, City Manager Date