HomeMy WebLinkAboutR-2010-25 authorize Harris County Constable’s Office to hold a second public sale of tax properties/Tr. 20, Block 10, Sylvan Beach
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 13. 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.
PI93 - Lot II Block 1 Oakhurst Addition (56% ofHCAD value)
P203 - Tr 20 Block 10 Sylvan Beach (Approximate Costs)
to
Date
RESOLUTION NO. 2010- rJS-
A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY
ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF
HARRIS COUNTY.
On the 13th day of September, 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 ofthe 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 13th day of September, 2010.
ATTEST:
, Mayor
~ t1lZ~~J.L;
Ma a A. Gillett, City Secretary
A~7~
Clark Askins, Assistant City Attorney
EXHIBIT "A"
Legal Description:
TRACT 20, BLOCK 10, OF SYLVAN BEACH, AN ADDITION IN HARRIS
COUNTY, TEXAS, MORE P ARTICULARL Y DESCRIBED IN A DEED FILED IN THE
REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS UNDER CLERK'S FILE
NUMBER E508131, AND COMMONLY DESCRIBED AS, LA PORTE, TEXAS 77571
(ACCOUNT NUMBER 035-210-010-0020)
Minimum Bid: $2,000.00
1A~ RE.SALE. 'RO'E.R~
2.0~
~0362100100020 ~ 1'2'"
~a\ O..!'Ocfi~ iR 20 aU<- '\0
~ SYLV#i aE.ACl'-I
_.._-_._-""--_.,,~.,--"._-,...,....
SUMMARY OF FORECLOSURE ACTIVITY
HCAD ACCOUNT NO:
CAUSE NO:
PLAINTIFF(S):
JUDGMENT AGAINST:
JUDGMENT DATE:
ORDER OF SALE:
DEED RECORDED DATE:
CONSTABLE:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
035-210-010-0020 Property Struck off for: Value
2003-11198
City of La Porte & La Porte Independent School District
Wyndham Ray Rhoden
July 16, 2003 STRUCK OFF DATE: January 6,2004
December 8, 2003
STRUCK OFF TO: City of La Porte
Bill Bailey, Constable Precint No 8
Bayshore Drive
Tr 20 Block 10 Sylvan Beach
ADJUDGED VALUE (IN JUDGMENT):
SQUARE FOOTAGE:
$10,470.00
3,125
SUMMARY OF SALE ACTIVITY
BIDDER:
AMOUNT OF BID:
AMOUNT OF DEPOSIT:
AMOUNT DUE:
BIDDER'S ADDRESS:
$2,000.00
$200.00
$1,800.00
BIDDER'S PHONE NO:
PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT
COUNTY, ET
JUDGMENT TO AL. % SCHOOL % CITY % TOTAL
AMOUNT DUE $3,719.69 27.15% $6,436.28 46.97% $3,546.60 25.88% $13,702.57
ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES
CONSTABLE! ESTIMATED AMOUNT
AMOUNT OF COURT PUBLICATION FEE AD LITEM RESEARCH FEE & TO BE PRORATED TO
BID COST (TISD) FEE DEED RECORDING FEE TAXES
$2,000.00 $303.00 $575.00 $0.00 $250.00 $872.00
PRORATED TAX AMOUNTS TO EACH JURISDICTION
OWED TO COUNTY % SCHOOL % CITY % TOTAL
PRORATED
AMOUNT $236.71 27.15% $409.59 46.97% $225.70 25.88% $872.00
Amount of Bid:
Costs:
-District Clerk
-Tax Master
-Constable Fee
-Publication
-Abstract Fee
-Cost
-Ad Litem Fee
Taxing
Jurisdictions:
City of La Porte
La Porte ISO
Harris County
San Jacinto CCD
State of Texas
Costs + Taxes $14,830.57
Adjudged Value $ 10,470.00
$2,000.00
Total:
$253.00
$50.00 Chris Stacy
$400.00
$175.00
$250.00
$0.00
$0.00
$872.00
Amount in Judgment:
$3,546.60
$6,436.28
$3,719.69
$0.00
$0.00
$13,702.57
%
25.88%
46.97%
27.15%
0.00%
0.00%
100.00%
Amount Received
$225.70
$409.59
$236.71
$0.00
$0.00
$872.00
P203