HomeMy WebLinkAboutR-2003-30 authorize relase of tax properties to Bayou Housing Partners/509 N 3rd Street
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RESOLUTION o3-3b
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY
TO BAYOU HOUSING PARTNERS
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
taxing units that tax the property; and
. .
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached Exhibit
"A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs
that have accrued on the property up to the date of sale, subject to the approval of such resale's by official
action by the governing bodies ofthe La Porte Independent School District and Harris County.
Section 2. That the City Council officially finds, detennines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the offices of City of La Porte for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the 8th day of December 2003.
CITY ~RTE. TEXAS
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Norman talone, Mayor
ATIEST:
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Knox Askins, City Attorney
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. EXHIBIT A
TAX RESALE PROPERTY TO BE SOLD TO BAYOU HOUSTING PARTNERS
FOR A TOTAL AMOUNT OF
$5,000.00 (FIVE THOUSAND DOLLARS).
TRACf 1: LOTS 23 & 24 BLOCK 105 TOWN OF LA PORTE TO THE MAP OR PLAT THEREOF
RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND COMMONLY
KNOWN AS 513 N THIRD STREET, LA PORTE, TEXAS 77571.
-'MMARY OF FORECLOSURE ACTIVITY e
HCAD ACCOUNT NO:
CAUSE NO:
PLAINTIFF(S):
JUDGMENT AGAINST:
JUDGMENT DATE:
ORDER OF SALE:
DEED RECORDED DATE:
CONSTABLE:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
023-217-005-0020 Property Struck off for:
1991-31131
City of La Porte & La Porte Independent School District
Scott, Claude L
December 16, 1992 STRUCK OFF DATE: December 2, 1997
STRUCK OFF TO: City of La Porte
Bill Bailey, Constable Precint No 8
509 North Third Street
Lots 21 & 22 Block 105 La Porte
ADJUDGED VALUE ( IN JUDGMENT):
SQUARE FOOTAGE:
$14,600.00
6,250
SUMMARY OF SALE ACTIVITY
BIDDER: Bayou Housing Partners
AMOUNT OF BID: $5,000.00
AMOUNT OF DEPOSIT: $500.00
AMOUNT DUE: $4,500.00
BIDDER'S ADDRESS: PO Box 1365
Houston, TX 77251
PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT
BIDDER'S PHONE NO: 281-648-2425
COUNTY, ET
JUDGMENT TO AL. % SCHOOL % CITY % TOTAL
AMOUNT DUE $3,332.54 28.49% $5,406.66 46.22% $2,959.46 25.30% $11,698.66
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 (TISm FEE DEED RECORDING FEE TAXES
$5,000.00 $50.00 $175.00 $667.40 $250.00 $3,857.60
PRORATED TAX AMOUNTS TO EACH JURISDICTION
OWED TO COUNTY % SCHOOL % CITY % TOTAL
PRORATED
AMOUNT $1,098.90 28.49% $1,782.83 46.22% $975.87 25.30% $3,857.60
Amount of Bid:
Costs:
-District Clerk
-Tax Master
-Constable Fee
-Publication
-Abstract Fee
-Cost
-Lien
Taxing
Jurisdictions:
City of La Porte
La Porte ISD
Harris County
San Jacinto CCD
State ofTexas
Costs + Taxes $13,141.06
Adjudged Value $ 14,600.00
$5,000.00
Total:
$0.00
$50.00
$0.00
$175.00
$250.00
$300.00
$667.40
$3,557.60
Amount in Judgment:
$2,959.46
$5,406.66
$3,332.54
$0.00
$0.00
$11,698.66
%
25.30%
46.22%
28.49%
0.00%
0.00%
100.00%
Amount Received
$899.98
$1,644.18
$1,013.44
$0.00
$0.00
$3,557.60
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Bayou Housing Partners
. PO Box 1365
Houston, TX 77251
, Ph#(281) 648-2425 Fax #(281) 648-2462
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September 29, 2003
John 10ems
Assistant City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Dear 10hn,
Thank you for your letter of September 9th.
There is some confusion I hope to clear up. In regard to P129, Lot 29, Block 83 and
P134, Lots 26, 27 & 28, Block 83, your letter talks of back taxes and liens and adjudged
value. Some of that I understand and other parts I am not as clear on. What I thought we
had an understanding of is your letter of August 8th, which lists PI29 for $2,500, and
P134 for $7,500. In accordance with your letter, we have offered to the City $2,500 and
$7,500 respectively. The offers accompanied our August 28th correspondence. I am
hoping that staff is recommending to the Audit Committee to these tracks be sold for
$2,500 and $7,500 respectively not the $3,500 and $11,300 you talked about in you
correspondence of September 9th. '
In regard t~Lots II & 12, Block 84, we have filed our request to have it rezoned
with Nick Fman. If our re-zoning efforts are successful we certainly are interesting in
moving forward in purchasing P133. Yv-} ,(
___--.--j(;.I" ~if
In regard to .S007, S008 and S009, we are waiting and hoping tha . ~~. 6Te 0 ell R?~ )r
these lots for $2,500 per lot and/or $5,000 per building site. ~ P130 P136 ill
being offered for sale at $7,500 and $20,000 respectively? This ce of
$2,500 per lot.
We are requesting that you ask the appropriate decision makers for abatement of or
assistance with permit fees, water meters, sewer connections, culverts and any other
tv...-.-----constnrclioYfaSsistance wiUiTil-you means:-WeareasKing for lliis aSSIstance with not ---.----- .-..- -------- ----,
.,~~tt only lots we purchase from the city but also lots we purchase privately within the North
v' (' ~ Side Area. If you think it is appropriate getting approval from the Audit Committee,
) or\.. 0 please put our request if front of them. If it is appropriate, we would be willing to attend
(f\
. Joe.r....
Jp1lJ
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the Audit Committee meeting, in case they have any questions for us or about our
request.
In a related issue, we have a number oflots under contract between Blocks 106 and
Block 107. Second Street separates the two blocks; our contracts are contingent upon the
City improving Second Street. You had mentioned this was a possibility. What needs to
happen for the City to improve Second Street? What kind of time frame would we be
talking about?
Sinc~~
JCV&:;
Executive Director
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Account Nu Address Owner Name Advanced
Account Number Address Owner Name
Real Property Account
HCAD Account # : 0232170050020
Tax Year: 12~~.El
Owner Name : CITY OF LAPORTE
Ownership
History...
Owner Address: CAUSE #91-31131
PO BOX 1115
LA PORTE TX 77572-1115
Property Address: 509 N 3RD ST
LA PORTE TX 77571
Legal Description: LTS 21 & 22 BLK 105
LA PORTE
State,Class Code: Xl -- Governmental Exempt
Homestead Exemption : E -- Total Exemption
Special Exemption: --
Disabled Veteran Exemption(s) : --
Jurisdiction Codes: 020 040 047 071
Overlapping/Shared CAD : No
Capped Account: No
Notice Date :
ARB Approved: 8/4/2000
Value Status : All Values
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 : TY2000
Land:
Improvement:
Ag/Tmbr/Spc :
Total Value :
Previous
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Change
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Appraised Value
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Market Value
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5-Year Value History...
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 8. 2003
Appropriation
Requested By: Cynthia Alnander
Source of Funds: N/A
Department: Finanl"e
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
HCAD Map
Amount Requested:
Exhibits:
Property Offer
Budgeted Item: YES NO
HCAD Appraisal Record
Exhibits:
SUMMARY & RECOMMENDATION
On December 2, 1997, property located at 509 N Third Street was offered for public bid via a "Sheriffs
Sale". This property was offered because the property owner had not paid taxes on the property for
several years. When no one bid on the property, the title to the property reverted to the La Porte Tax
Office as Trustee for the City of La Porte, the La Porte Independent School District and Harris Cmmty.
The property comprises 2 city lots and is approximately 50' by 125', or 6,250 square feet. The property
also contained an abandoned house, which was removed by the city on July 29, 1999.
The La Porte Tax Office received an offer from Bayou Housing Partners in the amount of $5,000, which
is the value of a typical lot in this area.
The property is on the Harris County Appraisal District Roll with an appraised value of $14,600.
Delinquent Taxes and costs on the property total approximately $13,141 (12 years worth). Since the offer
received for the resale is less than either of these values, it requires approval by each of the three taxing
entities before the resale can take place. If all three entities approve, the sale will occur with each entity
receiving its pro-rata share of the tax distribution.
Even though we are reselling this property for less than is due on the property, staff believes the
absorption of the loss is necessary to get the property into the hands of a owner who has the intentions to
rebuild, care for and maintain the property as well as pay taxes on it in the future.
ACTION REQUIRED BY COUNCn..:
Approve resolution authorizing the resale of the tax properties to Bayou Housing Partners.
FUND
N/A
ACCT NUM:
FUNDS AVAILABLE
fJ -3-~3
DATE