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HomeMy WebLinkAbout2010-6-28MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL June 28, 2010 Call to order The meeting was called to order by Mayor Pro-Tem Daryl Leonard at 6:00 p.m. Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, John Zemanek, Mike Clausen, Mike Mosteit, John Black, Chuck Engelken and Mayor Pro-Tem Daryl Leonard Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns, Melisa Boaze and Stacey Osborne Legal: Clark Askins City Secretary's Office: Martha Gillett Planning: Tim Tietjens, Masood Malik, Debbie Wilmore and Brian Sterling Police Department: Ken Adcox and Chris Paige Public Works: Steve Gillett Finance: Michael Dolby Tax: Kathy Powell Golf Course: Alex Osmond Fire Department: Mike Boaze Others Present: Father Gary Rickles, Mr. and Mrs. Rosa, Kathryn Aguilar, Phillip Hoot, David Janda, John Saavedra, John Randolph, James Larson, Jay Martin, Jerry Collins, Jeannie Zemanek, Dr. Reddy, Jerry Collins, Jennifer Zemanek, Judge Hinojosa, Mr. Nolley, Patricia Clark, Rocky Zemanek, Horace Leopard and other citizens. 2. The Invocation was given by Father Gary Rickles of St. Mary's Catholic Church 3. Councilman Tommy Moser led the Pledge of Allegiance. 4. Presentations/Proclamations 5. Consent agenda - Any item may be removed by a Councilperson for discussion. A. Consider approval or other action of minutes of Regular Meeting and Public Hearing held on June 14, 2010 — M. Gillett B. Consider approval or other action regarding an ordinance calling a Special Election of the City of La Porte for City Councilperson-District 5, and calling a run- off election if necessary (Ord. 3260) — M. Gillett/C. Askins Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on June 28, 2010 K C. Consider approval or other action regarding a request to authorize change order of in car DVR systems utilizing Kustom Signals as a sole source vendor — K. Adcox Item C was pulled for discussion. Assistant City Attorney Clark Askins read the following agenda caption: Ordinance 3260 — AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE UN -EXPIRED TERM OF COUNCILPERSON-DISTRICT 5, CALLING A RUN-OFF ELECTION, IF NECESSARY, DESIGNATING ELECTION PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF VOTING MACHINES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION, PROVIDING FOR NOTICE, PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES, PROVIDING A SAVINGS CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilmember Clausen to approve the consent agenda as presented. Second by Councilmember Engelken. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Clausen, Black, Zemanek, Mosteit and Mayor Pro-Tem Leonard Nays: None Abstain: None Absent: None 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Jerry Collins — 1111 Bayshore Dr., Bayview Apartments — advised Council there are two dead trees that need to be taken care of across the street on City Property. In addition, there needs to be additional lighting in the area. Patricia Clark — 3817 Ashwood Cr., - advised Council of concerns with eighteen wheelers parking at hotel and being in the Fairmont Park residential area. Harris County Judge Hinojosa attended the meeting and informed Council he was newly elected to his position and wanted to introduce himself to the community. 7. Consider approval or other action regarding passage of resolutions authorizing the public resale of real property acquired by the City of La Porte through tax foreclosure, by the constable of Harris County — (Res. 2010-07 through 2010-13) — K. Powell Tax Manager Kathy Powell presented summary and recommendation and answered Council's questions. In addition Tax Attorney Jason Bailey was present to provide additional information and answer questions. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on June 28, 2010 3 8. Motion was made by Councilmember Moser to approve the resale properties as recommended by Ms. Powell: A Second by Councilmember Engelken. Assistant City Attorney Clark Askins read Resolution 2010-07 — A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (1702 S. Broadway St.) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Assistant City Attorney Clark Askins read Resolution 2010-08 — A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (409 S. Fifteenth St.) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Assistant City Attorney Clark Askins read Resolution 2010-09 — A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (8423 Avington Rd.) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Assistant City Attorney Clark Askins read Resolution 2010-10 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (1003 S. Third St.) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Assistant City Attorney Clark Askins read Resolution 2010-11 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (716 S. Blackwell) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Assistant City Attorney Clark Askins read Resolution 2010-12 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (North 10th Street) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Assistant City Attorney Clark Askins read Resolution 2010-13 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (428 N. Fifth St. ) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Ayes: Engelken, Rigby, Moser, Black, Zemanek, Clausen, Mosteit and Mayor Pro-Tem Leonard Nays: None Abstain: None Absent: None Consider approval or other action of the Fiscal Affairs Committee recommendation on hiring an auditing firm to conduct a forensic audit review of the Town Plaza Project — Chairman Engelken Chairman Engelken presented summary and recommendation and answered Council's questions. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on June 28, 2010 4 Mr. Engelken reported two firms were interviewed and the committee was recommending Belt Harris Pechacek to perform the forensic audit at a cost not to exceed $20,000.00. The funds will come from the general fund and then reimbursed from the La Porte Development Corporation. Motion was made by Councilmember Engelken to approve the recommendation of Belt Harris, Pechacek by the Fiscal Affairs Committee as the firm to conduct a forensic audit review of the Town Plaza Project at a cost not to exceed $20,000.00. Second by Councilmember Moser. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Black, Zemanek, Clausen, Mosteit and Mayor Pro-Tem Leonard Nays: None Abstain: None Absent: None 9. Close Regular Meeting and Open Workshop Meeting The Regular Meeting was closed and the Workshop Meeting was opened at 6:35 p.m. A. Discuss inclusion of a bicycle -pedestrian pathway in the Sens Road/Bay Area Boulevard road improvements project and provide staff with direction — S. Barr Director of Parks and Recreation Stephen Barr discussed the inclusion of a bicycle - pedestrian pathway in the Sens Road/Bay Area Boulevard road improvements project. Council directed staff to find out from Harris County when the road will be built and to move forward with the Interlocal Agreement. B. Discuss the Lakes at Fairmont Greens Subdivision and provide staff with direction — R. Bottoms City Manager Ron Bottoms and Assistant City Manager John Joerns discussed the Lakes at Fairmont Greens Subdivision. James Larson informed council of concerns Dr. Reddy has with the PID. Council directed the City Manager to put a person in charge of this project and meet with them in an expedient manner to try and move this project forward. C. Discuss Emergency Response Rescue Boat and provide staff with direction — D. Ladd Fire Chief Mike Boaze discussed an Emergency Response Rescue Boat. Council directed staff to move forward and bring back to council for approval to purchase the rescue boat. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on June 28, 2010 5 10. Close Workshop Meeting and Open Regular Meeting Mayor Pro-Tem Leonard closed Workshop Meeting and reconvened Regular Meeting at 8:01 p.m. 11. Receive Report from Fiscal Affairs Committee — Chairman Engelken This item was covered during item 8. 12. Receive Report from Drainage and Flooding Committee — Chairman Mosteit Chairman Mosteit provided a report from the Drainage and Flooding Committee. Council directed Klotz and Associates to provide them with a copy of all information provided to citizens. John Saavedra of Harris County Precinct 2 provided council with and overview of the County's efforts. 13. Receive Inspection Report from City Staff — D. Wilmore Chief Building Official Debbie Wilmore provided the monthly Inspection Report 14. City Manager Ron Bottoms provided Administrative Reports for the following: July 3, 2010 — La Porte, Texas Parade —10:00 a.m. July 4, 2010 — Plaza by the Bay Summer Concert — 4:00 p.m. — 9:00 p.m. July 4, 2010 — Fireworks — Sylvan Beach Park — approximately 9:19 p.m. July 12, 2010 — City Council Meeting July 16, 2010 - Plaza by the Bay Summer Concert 6:00 p.m. — 9:00 p.m. July 26, 2010 — City Council Meeting July 23-24, 2010 - Newly Elected City Official's Orientation — TML — Irving, Texas August 6, 2010 - Plaza by the Bay Summer Concert 6:00 p.m. — 9:00 p.m. August 9 -13, 2010 — City Council Meeting/Budget Workshop Meetings Early Voting for Special Called Elections — August 11, 2010 — August 24, 2010 — 8:00 a.m. — 5:00 p.m. extended hours for Early Voting will be Wednesday, August 18, 2010 — 7:00 a.m. — 7:00 p.m. and Tuesday, August 24, 2010 — 7:00 a.m. — 7:00 p.m. Early Voting on Saturday, August 21, 2010 — 8:00 a.m. — 5:00 p.m. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on June 28, 2010 6 August 13-14, 2010 - Newly Elected City Official's Orientation — TML — Austin, Texas August 20, 2010 - Plaza by the Bay Summer Concert 6:00 p.m. — 9:00 p.m. August 23, 2010 — City Council Meeting August 28, 2010 — Election Day Mr. Bottoms also reported another home at 207 N. 2nd street had been sold. 15. Council Comments: Black, Zemanek, Engelken, Mosteit, Clausen, Rigby, Moser, and Mayor Pro-Tem Leonard A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy 16. Executive Session — pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation , deliberation regarding economic development negotiations) A. 551.074 (Personnel Matter) Evaluation of City Secretary Council closed the Regular Meeting and retired to Executive Session at 8:20 p.m. Council closed the Executive Session and returned to the table at 8:38 p.m. 17. Considerations and possible action on items considered in executive session. A motion was made by Councilmember Zemanek to give the City Secretary a 4% increase. A second by Councilmember Engelken. The motion carried. Ayes: Engelken, Rigby, Moser, Clausen, Black, Zemanek, Mosteit and Mayor Pro-Tem Leonard Nays: None Abstain: None Absent: None 18. Adjournment Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on June 28, 2010 Being no further business, the meeting was duly adjourned at 8:39 p.m. Respectfully submitted, F Martha Gillett, TRMC City Secretary Passed and approved on this 12th day of July 2010. Mayor Pr -Tem D Leonard i:a REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 28, 2010 Requested By Martha Gillett/Clark Askins Date: Report: Resolution: Ordinance: X Exhibits: Letter from K. Askins Exhibits: Ordinance Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Attached for your consideration is the ordinance calling for a Special Called Election of the City of La Porte to fill the vacancy of District 5 position, to be held on August 28, 2010, and calling for a Run —Off Election if necessary. Action Required by Council: 000 Qpre Ordinance calling a Special Election and a possible Run -Off Election. A Ron Bottoms, City Manager G 1.).q /1') Date askins & askins P.c. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Askins June 21, 2010 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: Agenda Request for June 28, 2010, Meeting. Dear Martha: I enclose herewith form of ordinance calling a special election of the City of La Porte, to fill the vacancy in the office of Councilperson--District 5. The schedule for the special election, the dates of which are established by the Texas Election Code, are as follows: Filing begins: Filing deadline: Early voting begins: Early voting Saturday Early voting two 12-hour weekdays: Early voting ends: Election date: (Labor Day Holiday) Monday, June 28, 2010 5:00 p.m., Wednesday, July 28, 2010 Wednesday, August 11, 2010 Saturday, August 21, 2010 Wednesday, August 18, 2010 Tuesday, August 24, 2010 Tuesday, August 24, 2010 Saturday, August 28, 2010 (Monday, September 6, 2010) Canvass election: Special meeting of City Council on Tuesday, September 7, 2010 Runoff election, if necessary: Saturday, September 25, 2010 702 W. Fairmont Parkway, P.O. Box 1218, LaPorte, TX 77572-1218 281.471.1887 phone • 281.471.2047 fax • knoxaskins@comcast.net • ctaskins@swbell.net Martha A. Gillett June 21, 2010 page 2 Yours very truly, Knox W. Askins City Attorney City of La Porte CTA:sw Enclosure CC: via email Mr. Ron Bottoms City Manager City of La Porte Ms. Sharon Harris Assistant City Secretary City of La Porte Mr. Clark T. Askins Assistant City Attorney City of La Porte ORDINANCE NO. 2010-350 AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE UN -EXPIRED TERM OF COUNCILPERSON—DISTRICT 51 CALLING A RUN-OFF ELECTION, IF NECESSARY1 DESIGNATING ELECTION PRECINCTS AND POLLING PLACES1 PROVIDING FOR THE USE OF VOTING MACHINES1 APPOINTING ELECTION OFFICIALSI PROVIDING FOR METHOD AND DATES OF EARLY VOTINGi PROVIDING FOR AN EARLY VOTING BALLOT BOARD] PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION1 PROVIDING FOR NOTICEI PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES1 PROVIDING A SAVINGS CLAUSE1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. A special election shall be held within the corporate limits of the City of La Porte, Texas, on the 28th day of August, 2010, such day being the fourth Saturday in August, 2010, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing a Councilperson District 5, for a term expiring May, 2013. This Special Election shall be held in conjunction with the Special Election for Mayor. A run-off election, if necessary, shall be held on Saturday, September 25, 2010, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to -wit: Election Precinct #1 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Union Pacific Railroad and "Old" Underwood Road; THENCE south along Underwood Road to the north boundary line of the Creekmont subdivision; THENCE east along the north boundary line of the Creekmont subdivision to Big Island Slough; THENCE south along Big Island Slough to Meadow Place as projected west; THENCE east along Meadow Place to the west boundary line of the La Porte Airport; THENCE north along the west boundary line of the La Porte Airport to the north boundary line of the La Porte Airport; THENCE east along the north boundary line of the La Porte Airport and continue to project east along this same line to Sens Road; THENCE north along Sens Road to the Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Underwood Road the POINT OF BEGINNING. ,w*1 i--0—" Aff4n4n1a* Earl Ehlers, Presiding Judge Susan Ehlers, Alternate Presiding Judge Election Precinct #2 Polling Places Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Underwood Rd. and Spencer Highway; THENCE west along Spencer Highway to the west La Porte City Limit Line west of Luella Blvd; THENCE south along the west La Porte City Limit Line to Fairmont Parkway; THENCE east along Fairmont Parkway to Underwood Rd; THENCE north along Underwood Rd. to Spencer Highway the POINT OF BEGINNING. 2 Election Officials: Earl Ehlers, Presiding Judge Susan Ehlers, Alternate Presiding Judge Election Precinct #3 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Underwood Road and the north boundary line of the Creekmont subdivision; THENCE south along Underwood Road to Fairmont Parkway; THENCE east along Fairmont Parkway to Big Island Slough; THENCE north along Big Island Slough to Spencer Highway; THENCE east along Spencer Highway to Glen Meadows Drive as projected south; THENCE north along Glen Meadows Drive to Meadow Place; THENCE west along Meadow Place, as projected west to Big Island Slough; THENCE north along Big Island Slough to the north boundary line of the Creekmont subdivision; THENCE west along the north boundary of the Creekmont subdivision to Underwood Road the POINT OF BEGINNING. Vlantinn nfficiats: Earl Ehlers, Presiding Judge Susan Ehlers, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Boundariess BEGINNING at the intersection of the Union Pacific Railroad and Sens Road; 3 THENCE south along Sens Rd. to the north boundary of the La Porte Airport as projected east; THENCE west along the projected north boundary line of the La Porte Airport to the east boundary line of the Airport; THENCE south along the east boundary line of the La Porte Airport to Spencer Highway; THENCE east along Spencer Highway to the Union Pacific Railroad; THENCE south along the Union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146) ; THENCE north along South Broadway to East "G" St.; THENCE northeasterly along East "G" St. to South Iowa; THENCE northwesterly along South Iowa to East "F" St.; THENCE northeasterly along East "F" St. to South Ohio; THENCE northwesterly along South Ohio to East "E" St.; THENCE northeasterly along East "E" St. to the northeast La Porte City Limit Line; THENCE northwesterly along the northeast La Porte City Limit Line to North "E" St.; THENCE west along North "E" St. to North Blackwell; THENCE north along North Blackwell to Barbours Cut Blvd.; THENCE west along Barbours Cut Blvd. to North Broadway; THENCE north along North Broadway to Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Sens Rd. the POINT OF BEGINNING. T.'.lar�#�inr Aff�cigls: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge 4 Election Precinct #5 Polling Places La Porte City Hall (Council Chambers) 604 East Fairmont Parkway La Porte, Texas 77571 Rn»nAnriam9 TRACT ONE BEGINNING at the intersection of East "E" St. and the northeast La Porte City Limit Line; THENCE southeasterly along the La Porte City Limit Line to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the southern La Porte City Limit Line and the northern Shoreacres City Limit Line; THENCE west along the southern La Porte City Limit Line to the west right-of-way line of State Highway 146; THENCE north along the west right-of-way line of State Highway 146 to McCabe Rd.; THENCE west along McCabe Rd. to Union Pacific Railroad; THENCE north along Union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146) ; THENCE north along South Broadway to East "G" St.; THENCE northeasterly along East "G" St. to South Iowa; THENCE northwesterly along South Iowa to East "F" St.; THENCE northeasterly along East "F" St. to South Ohio; THENCE northwesterly along South Ohio to East "E" St.; THENCE northeasterly along East "E" St. to the northeast La Porte City Limit Line the POINT OF BEGINNING. TRACT TWO BEGINNING at the intersection of South Broadway (Old Hwy 146) and the City of Shoreacres southern City Limit Line; THENCE east along Shoreacres southern City Limit Line to the shoreline of Galveston Bay; 5 THENCE southerly meandering the shoreline of Galveston Bay to the southernmost La Porte City Limit Line; THENCE west along the southernmost City Limit Line to South Broadway (Old Hwy 146); THENCE north along South Broadway to the southern City Limit Line of City of Shoreacres being the POINT OF BEGINNING. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #6 Polling Places Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Big Island Slough and Spencer Highway; THENCE south along Big Island Slough to Fairmont Parkway; THENCE east along Fairmont Parkway to the Union Pacific Railroad; THENCE north along the Union Pacific Railroad to Spencer Highway; THENCE west along Spencer Highway to the east boundary line of the La Porte Airport; THENCE north along the La Porte Airport east boundary line to the north boundary line of the airport; THENCE west along the La Porte Airport north boundary line to the west boundary line of the airport; THENCE south along the west boundary of the La Porte Airport to Meadow Place as projected east; THENCE west along Meadow Place to Glen Meadows Dr.; THENCE south along Glen Meadows Dr. and as projected south to Spencer Highway; 6 THENCE west along Spencer Highway to Big Island Slough the POINT OF BEGINNING. Election Officials: Earl Ehlers, Presiding Judge Susan Ehlers, Alternate Presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Bilingual Election Clerk: Barbara Eldridge Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 17th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Martha A. Gillett, and the place at which the Early Voting 7 shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early Voting by personal appearance shall begin on the 17th day and continue through the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period, from 8:00 a.m. to 5:00 p.m., except for Wednesday, August 18, 2010, and Tuesday, August 24, 2010, from 7:00 a.m. to 7:00 p.m.; and on Saturday, August 21, 2010, from 8:00 a.m. to 5:00 p.m. Section 5. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Martha A. Gillett is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. 8 Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election; Section 9. Each candidate for the office of Councilperson-- District 5 must be a resident elector of the City. Section 10. The deadline for a candidate to make application to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, July 28, 2010. No application shall be accepted for filing prior to June 28, 2010. The filing fee for each candidate for the office of Councilperson—District 5 is hereby established at Fifty Dollars ($50.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section 11. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays excluded, upon their taking the oath of office. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or 10 affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. The City Council officially finds, determines, 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 City Hall of the City 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 ordinance 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 28th day of June, 2010. ATTEST: a a A. ett City Secretary APPRO D• Knox W. Askins City Attorney CI OF LA POR�'E By: �_•� Dary o ard, Mayor Pro-Tem 11 N REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28, 2010 Requested By: Kathy Powell Department: Finance Report: _Resolution: X Ordinance: Exhibits: Resolutions Exhibits: Tax Codes Sect 34.05 (a) (c) (d) t Exhibits: AApnronriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: (YES) NO 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 1 R/P (Approximate Costs) P 118 — Lot 4 & S 18ft of Lot 3 & N 14ft of Lot 5 Block 178 Town of La Porte (Approximate Costs) P 143 —Lots 51 & 52 Block 24 Bayfront to LaPorte (Approximate Costs) P 195 — Tr 5B Abst 5 E Brinson (Approximate Costs — Land Locked) P198 — Lots 3 & 4 Block 89 Town of La Porte (Approximate Costs) Action Required by Council: approval of the Resolutions authorizing the constable's office to hold a second public'sale on the properties Ron Bottoms, City Manager 6,/.qK% Date RESOLUTION NO. 2010- b A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 28"' 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 28t` day of June, 2010. CIT OF LA PORT Daryl Leogara, Mayor Pro-Tem ,ATTEST: M a A. Gillett, City Secretary APPR VE &� Clar Askins, Assistant City Attorney EXHIBIT "A" Legal Description: LOTS 26, 27, 28, 29, 30, 31, AND 32, ALL IN BLOCK 1446 OF THE TOWN OF LA PORTE IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 72, PAGE 5 OF THE DEED RECORDS OF HARRIS COUNTY CONVEYED BY MRS. E.J. WILDER AND HUSBAND, J.W. WILDER, TO THE STATE OF TEXAS FOR ROAD PURPOSES BY INSTRUMENT RECORDED IN VOLUME 1003, 301 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Minimum Bid: $2,000.00. § 34.04 PROPERTY TAX CODE (F) the amount of the claim to excess proceeds in the registry of the court; (G) that the assignor or transferor has made no other assignments or transfers of the assignor's or transferor's claim to the excess proceeds; (H) that the assignor or transferor knows that the assignor or transferor may retain counsel; and (I) that the consideration was paid in full on the date of the assignment or transfer and that the consideration paid was an amount equal to at least 80 percent of the amount of the assignor's or transferor's claim to the excess proceeds. (g) An assignee or transferee who obtains excess proceeds without complying with Subsec- tion (f) is liable to the assignor or transferor for the amount of excess proceeds obtained plus attorney's fees and expenses. An assignee or transferee who attempts to obtain excess proceeds without complying with Subsection (f) is liable to the assignor or transferor for attorney's fees and expenses. (h) An assignee or transferee who files a petition setting forth a claim to excess proceeds must attach a copy of the assignment or transfer document and produce the original of the assignment or transfer document in court at the hearing on the petition. If the original assignment or transfer document is lost, the assignee or transferee must obtain the presence of the assignor or transferor to testify at the hearing. In addition, the assignee or transferee must produce at the hearing the original of any evidence verifying the payment of the consideration given for the assignment or transfer. If the original of any evidence of the payment is lost or if the payment was in cash, the assignee or transferee must obtain the presence of the assignor or transferor to testify at the hearing. (i) A fee charged by an attorney to obtain excess proceeds for an owner may not be greater than 25 percent of the amount obtained or $1,000, whichever is less. A person who is not an attorney may not charge a fee to obtain excess proceeds for an owner. (j) The amount of the excess proceeds the court may order be paid to an assignee or transferee may not exceed 125 percent of the amount the assignee or transferee paid the assignor or transferor on the date of the assignment or transfer. Acts 1979, 66th Leg., p. 2298, ch. 841, § 1, eff. Jan. 1, 1982. Amended by Acts 1983, 68th Leg., p. 4829, ch. 851, § 26, eff. Aug. 29, 1983; Acts 1999, 76th Leg., ch. 1185, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1481, § 26, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 18.007, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1430, § 27, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 319, § 10, eff. June 18, 2003; Acts 2009, 81st Leg., ch. 254, § 2, eff. Sept. 1, 2009. § 34.05. Resale by Taxing Unit (a) If property is sold to a taxing unit that is a party to the judgment, the taxing unit may sell the property at any time by public or private sale. In selling the property, the taxing unit may, but is not required to, use the procedures provided by Section 263.001, Local Government Code, or Section 272.001, Local Government Code. The sale is subject to any right of redemption of the former owner. The redemption period begins on the date the deed to the taxing unit is filed for record. (b) Property sold pursuant to Subsections (c) and (d) of this section may be sold for any amount. This subsection does not authorize a sale of property in violation of Section 52, Article III, Texas Constitution. (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, 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 as provided by Subsection (d), unless the property is sold under Subsection (h) or (i) before the date set for the public sale. (d) Except as provided by this subsection, all public sales requested as provided by Subsection (c) shall be conducted in the manner prescribed by the Texas Rules of Civil Procedure for the sale of property under execution. The notice of the sale must contain a description of the property to be sold, the number and style of the suit under which the property was sold at the tax foreclosure sale, and the date of the tax foreclosure sale. The 294 COLLECTIONS AND DELINQUENCY § 34.051 description of the property in the notice is sufficient if it is stated in the manner provided by Section 34.01(f). If the commissioners court of a county by order specifies the date or time at which or location in the county where a public sale requested under Subsection (c) shall be conducted, the sale shall be conducted on the date and at the time and location specified in the order. The acceptance of a bid by the officer conducting the sale is conclusive and binding on the question of its sufficiency. An action to set aside the sale on the grounds that the bid is insufficient may not be sustained in court, except that a taxing unit that participates in distribution of proceeds of the sale may file an action before the first anniversary of the date of the sale to set aside the sale on the grounds of fraud or collusion between the officer making the sale and the purchaser. On conclusion of the sale, the officer making the sale shall prepare a deed to the purchaser. The taxing unit that requested the sale may elect to prepare a deed for execution by the officer. If the taxing unit prepares the deed, the officer shall execute that deed. An officer who executes a deed prepared by the taxing unit is not responsible or liable for any inconsistency, error, or other defect in the form of the deed. As soon as practicable after a deed is executed by the officer, the officer shall either file the deed for recording with the county clerk or deliver the executed deed to the taxing unit that requested the sale, which shall file the deed for recording with the county clerk. The county clerk shall file and record each deed under this subsection and after recording shall return the deed to the grantee. (e) The presiding officer of a taxing unit selling real property under Subsection (h) or (i), under Section 34.051, or under Section 253.010, Local Government Code, or the sheriff or constable selling real property under Subsections (c) and (d) shall execute a deed to the property conveying to the purchaser the right, title, and interest acquired or held by each taxing unit that was a party to the judgment foreclosing tax liens on the property. The conveyance shall be made subject to any remaining right of redemption at the time of the sale. (f) An action attacking the validity of a resale of property pursuant to this section may not be instituted after the expiration of one year after the date of the resale. (g) A taxing unit to which property is bid off may recover its costs of upkeep, maintenance, and environmental cleanup from the resale proceeds without further court order. (h) In lieu of a sale pursuant to Subsections (c) and (d) of this section, the taxing unit that purchased the property may sell the property at a private sale. Consent of each taxing unit entitled to receive proceeds of the sale under the judgment is not required. Property sold under this subsection may not be sold for an amount that is less than the lesser of. (1) the market value specified in the judgment of foreclosure; or (2) the total amount of the judgments against the property. (i) In lieu of a sale pursuant to Subsections (c) and (d) of this section, the taxing unit that purchased the property may sell the property at a private sale for an amount less than required under Subsection (h) of this section with the consent of each taxing unit entitled to receive proceeds of the sale under the judgment. This subsection does not authorize a sale of property in violation of Section 52, Article III, Texas Constitution. Acts 1979, 66th Leg., p. 2298, ch. 841, § 1, eff. Jan. 1, 1982. Amended by Acts 1983, 68th Leg., p. 4829, ch. 851, § 27, eff. Aug. 29, 1983; Acts 1995, 74th Leg., ch. 499, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 310, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 712, §§ 3, 4, eff. June 17, 1997; Acts 1997, 75th Leg., ch. 906, § 9, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1111, §§ 5, 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1136, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1192, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1481, §§ 27 to 29, 42(2), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1430, § 28, eff. Sept. 1, 2001. § 34.051. Resale by Taxing Unit for the Purpose of Urban Redevelopment (a) A municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by an interlocal agreement between the municipality and each taxing unit that is a party to the judgment, provided, however, that the interlocal agreement complies with the requirements of Subsection (b). (b) Any taxing unit may enter into an interlocal agreement with the municipality for the resale of tax foreclosed properties to be used for a purpose consistent with the municipality's urban redevelopment plans or the municipality's affordable housing policy. If the tax 295 § 34.051 PROPERTY TAX CODE foreclosed property is resold pursuant to this section to be used for a purpose consistent with the municipality's urban redevelopment plan or affordable housing policy, the deed of conveyance must refer to or set forth the applicable terms of the urban redevelopment plan or affordable housing policy. Any such interlocal agreement should include the following: (1) a general statement and goals of the municipality's urban redevelopment plans or affordable housing policy, as applicable; (2) a statement that the interlocal agreement concerns only tax foreclosed property that is either vacant or distressed and has a tax delinquency of six or more years; (3) a statement that the properties will be used only for a purpose consistent with an urban redevelopment plan or affordable housing policy, as applicable, that is primarily aimed at providing housing for families of low or moderate income; (4) a statement that the principal goal of the interlocal agreement is to provide an efficient mechanism for returning deteriorated or unproductive properties to the tax rolls, enhancing the value of ownership to the surrounding properties, and improving the safety and quality of life in deteriorating neighborhoods; and (5) a provision that all properties are sold subject to any right of redemption. (c) The deed of conveyance of property sold under this section conveys to the purchaser the right, title, and interest acquired or held by each taxing unit that was a party to the judgment of foreclosure, subject to any remaining right of redemption at the time of the sale. (d) An action attacking the validity of a sale of property pursuant to this section may not be instituted after the expiration of one year after the date of the sale and then only after the unconditional tender into the registry of the court of an amount equal to all taxes, penalties, interest, costs, and post -judgment interest of all judgments on which the original foreclosure sale was based. Added by Acts 1997, 75th Leg., ch. 1136, § 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 819, § 1, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1430, § 29, eff. Sept. 1, 2001. 34.06. Distribution of Proceeds of Resale (a) The proceeds of a resale of property purchased by a taxing unit at a tax foreclosure sale shall be paid to the purchasing taxing unit. (b) The proceeds of the resale shall be distributed as required by Subsections (c)-{e). (c) The purchasing taxing unit shall first retain an amount from the proceeds to reimburse the unit for reasonable costs, as defined by Section 3421, incurred by the unit for: (1) maintaining, preserving, and safekeeping the property; (2) marketing the property for resale; and (3) costs described by Subsection (f). (d) After retaining the amount authorized by Subsection (c), the purchasing taxing unit shall then pay all costs of the suit and the sale of the property in the same manner and in the same order of priority as provided by Sections 34.02(b)(1)—(5). (e) After making the distribution under Subsection (d), any remaining balance of the proceeds shall be paid to each taxing unit participating in the sale in an amount equal to the proportion each participant's taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest adjudged to be due all participants in the sale. (f) The purchasing taxing unit is entitled to recover from the proceeds of a resale of the property any cost incurred by the taxing unit in inspecting the property to determine whether there is a release or threatened release of solid waste from the property in violation of Chapter 361, Health and Safety Code, or a rule adopted or permit or order issued by the Texas Natural Resource Conservation Commission under that chapter, or a discharge or threatened discharge of waste or a pollutant into or adjacent to water in this state from a point of discharge on the property in violation of Chapter 26, Water Code, or a rule adopted or permit or order issued by the commission under that chapter, and in taking action to remove or remediate the release or threatened release or discharge or threatened discharge regardless of whether the taxing unit: (1) was required by law to incur the cost; or 296 COLLECTIONS AND DELINQUENCY § 34.08 (2) obtained the consent of each taxing unit entitled to receive proceeds of the sale under the judgment of foreclosure to incur the cost. Acts 1979, 66th Leg., p. 2299, ch. 841, § 1, eff. Jan. 1, 1982. Amended by Acts 1997, 75th Leg., ch. 38, § 1, eff. May 5, 1997; Acts 1997, 75th Leg., ch. 906, § 10, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 914, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1481, § 30, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 319, § 11, eff. June 18, 2003. § 34.07. Subrogation of Purchaser at Void Sale (a) The purchaser at a void or defective tax sale or tax resale is subrogated to the rights of the taxing unit in whose behalf the property was sold or resold to the same extent a purchaser at a void or defective sale conducted in behalf of a judgment creditor is subrogated to the rights of the judgment creditor. (b) Except as provided by Subsection (c), the purchaser at a void or defective tax sale or tax resale is subrogated to the tax lien of the taxing unit in whose behalf the property was sold or resold to the same extent a purchaser at a void or defective mortgage or other lien foreclosure sale is subrogated to the lien of the penholder, and the purchaser is entitled to a reforeclosure of the lien to which the purchaser is subrogated. (c) If the purchaser at a void or defective tax sale or tax resale paid less than the total amount of the judgment against the property, the purchaser is subrogated to the tax lien only in the amount the purchaser paid at the We or resale. (d) In lieu of pursuing the subrogation rights provided by this section to which a purchaser is subrogated, a purchaser at a void tax sale or tax resale may elect to file an action against the taxing units to which proceeds of the sale were distributed to recover an amount from each taxing unit equal to the distribution of taxes, penalties, interest, and attorney's fees the taxing unit received. In a suit filed under this subsection, the purchaser may include a claim for, and is entitled to recover, any excess proceeds of the sale that remain on deposit in the registry of the court or, in the alternative, is entitled to have judgment against any party to whom the excess proceeds have been distributed. A purchaser who files a suit authorized by this subsection waives all rights of subrogation otherwise provided by this section. This subsection applies only to an original purchaser at a tax sale or resale and only if that purchaser has not subsequently sold the property to another person. (e) If the purchaser prevails in a suit filed under Subsection (d), the court shall expressly provide in its final judgment that: (1) the tax sale is vacated and set aside; and (2) any lien on the property extinguished by the tax sale is reinstated on the property effective as of the date on which the lien originally attached to the property. (f) A suit filed against the taxing units under Subsection (d) may not be maintained unless the action is instituted before the first anniversary of the date of sale or resale. In this subsection: (1) "Date of sale" means the first Tuesday of the month on which the sheriff or constable conducted the sale of the property under Section 34.01. (2) "Date of resale" means the date on which the grantor's acknowledgment was taken or, in the case of multiple grantors, the latest date of acknowledgment by the grantors as shown in the deed. Acts 1979, 66th Leg., p. 2299, ch. 841, § 1, eff. Jan. 1, 1982. Amended by Acts 1999, 76th Leg., ch. 1481, § 31, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1430, § 30, eff. Sept. 1, 2001. § 34.08. Challenge to Validity of Tax Sale (a) A person may not commence an action that challenges the validity of a tax sale under this chapter unless the person: (1) deposits into the registry of the court an amount equal to the amount of the delinquent taxes, penalties, and interest specified in the judgment of foreclosure obtained against the property plus all costs of the tax sale; or (2) files an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure. (b) A person may not commence an action challenging the validity of a tax sale after the time set forth in Section 33.54(a)(1) or (2), as applicable to the property, against a subsequent 297 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: 024-299-046-0026 Property Struck off for: CAUSE NO: 1998-56587 PLAINTIFF(S): City of La Porte & La Porte Independent School District JUDGMENT AGAINST: Mi-Dan Auto care Inc JUDGMENT DATE: April 9, 1999 STRUCK OFF DATE: ORDER OF SALE: April 30, 1999 DEED RECORDED DATE: August 17, 1999 STRUCK OFF TO: CONSTABLE: Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS: 1702 S Broadway Street LEGAL DESCRIPTION: Trs 26 thru 32 Block 1446 Town of La Porte ADJUDGED VALUE (IN JUDGMENT): $20,940.00 SQUARE FOOTAGE: 20,125 BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT: AMOUNT DUE: SUMMARY OF SALE ACTIVITY $2,000.00 $200.00 $1,800.00 BIDDER'S ADDRESS: BIDDER'S PHONE NO: Taxes July 6, 1999 City of La Porte PRORATED PFRCFNTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT - JUDGMENT TO COUNTY, ET AL. 1 % SCHOOL % CITY % TOTAL AMOUNT DUE $4.358.27 23.35% $9,293.73 49.79% $5,012.34 26.86% $18,664.34 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 ISD) FEE DEED RECORDING FEE TAXES $2,000.00 $283.00 $470.00 $900.00 $250.00 $97.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $22.65 23.35% 1 $48.30 49.79% $26.05 26.86% $97.00 Amount of Bid: $2,000.00 Costs: -District Clerk $233.00 -Tax Master $50.00 Mike Landrum -Constable Fee $0.00 -Publication $470.00 -Abstract Fee $250.00 -Cost $0.00 -Ad Litem Fee $900.00 Jeff Klemm Total: $97.00 Taxing Jurisdictions: Amount in Judgment: % Amount Received City of La Porte $5,012.34 26.86% $26.05 La Porte ISD $9,293.73 49.79% $48.30 Hams County $3,735.56 20.01% $19.41 San Jacinto CCD $622.71 3.34% $3.24 State of Texas $0.00 0.00% $0.00 $18,664.34 100.00% $97.00 Costs + Taxes $20,567.34 Adjudged Value $ 20,940.00 P059 Account #: 024-299-046-0026 Property Use: I X1 I Governmental Exempt Ownershi : #I Owner Name % Own Role 1 I CITY OF LA PORTE 100% Owner Owner Address CAUSE #98-56687 PO BOX 1115 LA PORTE, TX 77572-1115 New Owner Date: 1/1/2000 NH Group: 0 Summary I Appraised Neighborhood: Alternate Cost I• Noticed 2010 Summary 9701 Legal Primary Method: Notice Description Land: $43,750 TRS 26 THRU Building: $0 32 BLK 1446 X FOB: $0 LA PORTS Site Address New Construction: $0 1702 S Total Market: $43,750 BROADWAY ST , LA PORTS 77571 Cap Reduction: $0 Total Appraised: $43,760 AKA: Mail To: http://webrde.hcad.org/info.asp?strap=0242990460026&ty=2010 6/14/2010 HCAD: Appraisal Record Detail Page 1 of 1 Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Real Property Account HCAD Account # : 0242990460026 Tax Year : 1999 Owner Name: MI DAN AUTO CARE INC Owner Address : 484 ROSEVALE AVE RONKONKOMA NY 11779-3051 Property Address : 1702 S BROADWAY ST LA PORTE TX 77571 Legal Description : TRS 26 THRU 32 BILK 1446 LA PORTE State Class Code : F1 -- Real, Commercial Homestead Exemption : -- Special Exemption : -- Jurisdiction Codes : 020 040 047 071 Overlapping CAD : No Notice Date : 04/23/1999 Capped Account : No ARB Approved : 08/13/1999 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. Valuation : Previous Chanae Appraised Market Value Value Land : 20,940 940 21,880 Improvement : 20,820 -2,020 18,800 Ag/Tmbr/Spc : 0 0 0 Total Value : 41,760 -1,080 40,680 Note: For any problems or questions with any account, please email Account Questions with the account number (if you have it) and the nature of the problem or question. For technical questions (and technical questions only), please email the webmaster. 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QV N IN N'N FV IN 1i1] 1W l�.J 'W 1 Im � 10 IN W IA U 10 N pl la7 10 IN 1 1 I 1 I 1 1 1 I I I ! 1 I I °° e S coG B 30 VG o z +O µ m L7 y i ,Qc 0 rA pmaC� rt yC ?A 0) a A4"A0LLVLLVi1 k.7%"Uv j.L 1wv L- Transaction Search Results i"4361-, 1 VI f Trans CDI - Case Customer ID - Name Date Status Type Of Action Amount Assessed Amount Paid Amount Due , 5419729 199856687-7 GOV00028 - CITY OF LA PORTE 11/25/1998 VAL TAX $173.00 $0.00 $173.00 GOV00419 - SAN 545754$ 199856587-7 JACINTO COMMUNITY 1/26/1999 VAL INT $26.00 $0.00 $26.00 COLLEGE DISTRICT 999ON29 - CALAME 5519545 199856587 7 LINEBARGER GRAHAM & 4/19/1999 VAL INT $26.00 $0.00 $26.00 PENA LLP =071 199856587-7 GOV00026 - CITY OF LA 4/30/1999 VAL OOS $8.00 $0.00 $8.00 PORTE Number of Transactions: 4 Valklated Assessments Total: $233.00 Validated Payments Total: $0.00 Total Amount Due: $233.00 bV.//legacy.hcdistnctclerk.com/CAISPub/Transactions/TramwtionSemhResuh&asp 4/21/2008 C8) R NO. 98-56587 CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT PLAINTIFF VS. MI-DAN AUTO CARE, INC. AKA MIDAN AUTO CARE, INC., A DEFUNCT NEW YORK CORPORATION DEFENDANT VS. STATE OF TEXAS, COUNTY OF HARRIS SAN JACINTO COMMUNITY COLLEGE DISTRICT s UT I_ IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 113TH JUDICIAL DISTRICT On the 9th day of April, 1999, this cause being called in its regular order, came the Plaintiff Tmdng Unit(s) whether Plaintiff(s), Intervenor(s) or Impleaded Plaintiff(s), to wit: CITY OF IA PORTE LA PORTS INDEPENDENT SCHOOL DISTRICT (LA PORTE ISD) HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT,PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, THE HARRIS COUNTY HOSPITAL DISTRICT (HARRIS COUNTY) SAN JACINTO COMMUNITY COLLEGE DISTRICT (SAN JACINTO CCD) The defendants are as follows: MI-DAN AUTO CARE, INC. AKA MIDAN AUTO CARE, INC., A RgWRU2M,$ YQMORANDUM This 11MMI"e0 ie et peer 4 �e�h�a Md eet 9600s9wr Mr photn� P I me am e+MMa e:trretwns were 'tssMt at the am* of imost"$ DEFUNCT NEW YORK CORPORATION: has filed an answer and was given notice of the Trial date. (,n 2aMp/�I�/ Said cause coming on for trial and no jury having been demanded, all parties announced ready. All matters of controversy, both of fact and of law, were submitted to the Court. The Court, after considering the pleadings, evidence, and arguments of counsel, grants judgment as follows; IT IS ORDERED that the Plaintiff taxing units recover of and from the Defendant(s),as indicated below, the total sum of money set out below, which claims are secured by tax liens against the property hereinafter described: TRACT LLOTS 26,27,28,29,30,31, AND 32, ALL IN BLOCK 1446 OF THE TOWN OF LA PORTE IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 72, PAGE 5 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; SAVE AND EXCEPT THE EAST TEN FEET THEREOF CONVEYED BY MRS. E.J. WILDER AND HUSBAND, J.W. WILDER, TO THE STATE OF TEXAS FOR ROAD PURPOSES BY INSTRUMENT RECORDED IN VOLUME 10039 301 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Account No.024-299-046-0026 TRACT 1 Adjudged Market Value: 1!98. 2a fya— Tax Yean Delinquent. Hire tax < " Penalty a Interat 33.48 Atty1t Fee Title Raeareh Total 199Q1997 52372 00 S7?37.99 Nose S2s0 00 3485999 FCallYOFORTS D 1991-1997 $M9339 SM7.98 {. S l: j,'j S S'=p S ccv �. s /, s s s -- NSM8137HTY IT IS ORDERED that in addition Plaintiff taidng unit(s) recover of and from the Defendant(s), as indicated above, the 1998 Base Tax, as indicated in the tables below. In addition, beginning February 1,1999, Plaintiff taxing unit(s) shall also recover of and from Defendants) penalties, interest and attorneys fees as shown below. The amounts set forth below reflect the cumulative total due on the first day of each month shown below. TRACT' 1 1998 Bar TU Februaty 1999 March 1999 April 1999 May 1"9 June 1999 July 1999 CnT OF to POR'IE S29630 S36424 $371.66 S378.48 i38530 $392.12 S40233 IA POR7E LSD $67234 SM31 $942.77 $&%U $873.70 $W.16 $91236 HARRIS COUNTY Srb4S S S -- 3 336156 : 51•iS. : .11 JACiNPd � $ �,9 i s= tSrN/ S$9,0 :(41-r 4Q WS rT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendant(s) interest at the rate of one (1%) percent per month on the base tax amount for the 1997 and prior tax years from MAY 1, 1999 until paid, and interest at the rate of one (1%) percent per month on the 1998 base tax amount from August 1, 1999 until paid. IT IS ORDERED that the Plaintiff taxing unit(s), do have and recover from the Defendant(s), all court costs that have been, and will be incurred in the prosecution of this cause. All costs of court shall be paid by the Defendant(s), for which let execution issue. IT IS ORDERED that MIKE LANDRUM, Tax Master be awarded FIFTY DOLLARS ($50.00) as a Tax Master Fee and that such amount be taxed as costs in this IT IS ORDERED that JEFF KLEMM, attorney ad litem, be awarded the sum of Ste_" to be taxed as costs. IT IS ORDERED that the following taxing units, having been joined herein but having failed to plead and prove their claims for delinquent taxes on the above described real property, shall have their tax liens on such property extinguished for all delinquent taxes due, as of the date of this 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 against each of the above -described tracts of land secures the payment of all taxes, penalties, interest, abstractor's fees, attorneys fees, and coats of court, attributable to each of said tracts. Such tax lien(s) are prior and superior to all claims, right, title, interest, or lien(s) asserted by any Defendant(s) herein. Plaintiff(s) shall have foreclosure of said tax lien(s) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said Defendant(s) by any right, title or interest acquired during the pendency of this suit Further, said property is ORDERED SOLD in satisfaction of the amount of the judgment The clerk of this court is directed to issue an order of sale, commanding that the Sheriff or any Constable of the State of Texas seize, levy upon, advertise for sale, and sell said tracts of land to the highest bidder for cash, as under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code. IT IS ORDERED that the property may be sold to a taxing unit that is a party to the suitor 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 market value of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall belong and be distributed to all taxing units which were parties to this suit and which have been adjudged to have tax liens against said property, pro rats and in proportion to the amounts of their respective tax liens as established in this 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 said property, shall be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled to such excess in accordance with the terms and provisions of the Texas Property Tax Code. IT IS ORDERED that the clerk of this court shall issue a writ of possession, as authorized by law, to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns pursuant to the Texas Property Tax Code. IT IS ORDERED that Plaintiff Taxing Unit(s) are allowed all such writs and processes as may be necessary in the enforcement and collection of this judgment. IT IS ORDERED that this Judgment is all things without prejudice to the authority and power of Plaintiff Taxing Unit(s) to hereafter levy and collect taxes or to maintain a suit or suits to enforce and recover any taxes for the 1999 tax year and/or subsequent tax years on the property herein described. IT IS ORDERED that all parties heretofore named in any pleadings filed by any party ,and not included in this judgment, and any property set out in previous pleadings bu not included in this judgment, are hereby dismissed without prejudice to the right to refile their claims. Any relief previously requested and not herein granted is expressly denied. IT IS ORDERED that for all the above recovery, let execution issue. Signed this the ZJkday 16 APPROVED AS TO FORM: PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. Lim SBOT # 1816500 JASOI BAILEY SBOT 90253 JENNINE Y. HOVELL SBOT #24002313 2600 Citadel Plaza, Suite 500 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 FAX LINEBARGER, HEARD, GOGGAN, BLAIR, GRAHAMrRENA &,SAMPSON LLP. By: PANKAJ R. P R SBOT #007 8 BEVERLY NTREE SBOT# 13922100 1021 MAIN, SUITE 2100 HOUSTON, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX DANIEL J. SNOOIFIATTY FOR SAN JACINTO CCD fAn / 1 A 79ic% 11550 FUGUA, STE 490 HOUSTON, TEXAS 77034 281/484-8400 281/494-2860 FAX n CERTIFICATE OF SERVICE I, TERRY G. WISEMAN/JASON L. BAILEY, do certify that a true and correct copy of the above and foregoing instrument was served upon all parties in accordance with Rule 21(a) T.R.C.P. _ TERRY . WISEMAN 3ASON BA iILEW Y. HOVELL I%Mt R i IFL�*T it "���u.• �••�Jr I, Theresa Chang, District Clerk of Harris County, Texas, certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date Witness my official hand and seal of office this Mril21.2008 Certified Document Number: 3113155 Total Pages: 6 THERESA CHANG, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail. support@hcdistrictclerk.com MESTAMOFTEXAS] 527 49 3963 COUN7YOFHARRIS } Know all men by these Presents: DEED uNDER ORDER of sALEM/17/99 30031MO i911278 $12.50 THAT WHEREAS, by virtue of a certain order of sale in Tax Suits issued out of the 1131` Judicial District Court of Harris County, Texas, in Cause No. 98-56587 on the 25'h day of May 1999, in favor of Plaintiffs), Intervenor(s) or Impleaded Plaintiffs), to wit: City of La Porte, La Porte Independent School'. District (La Porte LSD), Harris County, Harris County Education Department, Port of Houston of Harris �J County Authority, Harris County Flood Control District, The Harris County Hospital District (Harris County), . San Jacinto Community College District (San Jacinto CCD) against M Dan Auto Care, Inc. aka Midan Auto Care, Inc., A Defunct New York Corporation (IN Rem Only) on a certain judgment and decree of sale, rendered on the le day of April 1999, 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, I, BILL BAILEY, Constable Precinct No. 8, of Harris County, Texas, did, upon the Yd day of June 1999, 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 first of said publications appearing not less than i' Twenty days immediately preceding the day of the sale; and 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, original survey, locality in the county, and the name by which the land is most generally known. I also mailed to Mi Dan Auto Care, Inc. aka Midan Auto Care, Inc., A Defunct New York Corporation (IN Rem Only) of the above named defendants a notice of the sale, directed to each of them at their last known address. On the first Tuesday in July 1999, same being the 60' day of July 1999, between the hours of ten o'clock a.m., 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 Courthouse 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 taxing units that established tax liens in Cause No. 98-56587 in the 1131` Judicial District Court of Harris County, Texas, for the amount of taxing 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 CTV of La Porte for` the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 98-56587 J in the UP Judicial District Court of Harris County all of the estate, right, title and interest which the said Mi- Dan Auto Care, Inc. aka Midan Auto Care, Inc., A Defunct New York Corporation (IN Rem Only) had on the 6 h day of July 1999, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: akunw. io DEED UNDER ORDER OF SALE Perdue, Brandon, Fielder, Collins & Mott PAGE 2 26W Citadel Plaza, Suite 500 _- CAUSE-N 98-565S7 - - woustonrTexasJ7-008-- - - - JTY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT vs. MI-DAN AUTO CARE, INC. AKA M DAN AUTO CARE, INC., A DEFUNCT NEW YORK CORPORATION 527 49 3964 LOTS 26, 27, 28, 299 30, 31, AND 32, ALL IN BLOCK 1446 OF THE TOWN OF LA 0 PORTE IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 72, PAGE 5 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; SAVE AND EXCEPT THE EAST TEN FEET THEREOF CONVEYED BY MRS. E.J. WILDER AND HUSBAND, J.W. WILDER, TO THE STATE OF TEXAS FOR ROAD PURPOSES BY INSTRUMENT RECORDED IN VOLUME 1003, 301 OF THE DEED RECORDS OF HARRIS 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 taxing units that established tax liens in Cause No. 98-56587 in the 113" Judicial District Court of Harris County 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 Testimony Whereof, I have hereunto set my hand, this ( Z-day of BILL b4ZqY, CONS PRE CT 8 THE STATE OF TEXAS } COUNTY OF HARRIS } Before me, Carolyn C. Loftin, a notary public in and for The State of 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. Given under my hand and seal of office, this day of CAROLYNN C. LOFfIN Notary Publ c in and for The Slfit6 of Texas NOTARY PUBUC, STATE OF TOGAS ANY1� RES RESOLUTION NO. 2010- QV A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 28`h 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 281h day of June, 2010. ATTEST: n. A&I arta A. Gillett, City Secretary APP OV D: lllllo-e�l :Z'��- rk skins, Assistant City Attorney Cl OF LA PORT Daryl L nard, ayor Pro-Tem EXHIBIT "A" Legal Description: ALL OF LOTS 7, 8, AND 9, IN BLOCK 790, IN LA PORTE TOWNSITE, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58, PAGE 462, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Minimum Bid: $3,500.00 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: 024-102-090-0007 Property Struck off for: CAUSE NO: 1998-61451 PLAINTIFF(S): City of La Porte & La Porte Independent School District JUDGMENT AGAINST: Houston Area Central Credit Union JUDGMENT DATE: August 30, 1999 STRUCK OFF DATE: ORDER OF SALE: September 7, 1999 DEED RECORDED DATE: November 22, 1999 STRUCK OFF TO: CONSTABLE: Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS: 409 S Fifteenth Street, La Porte LEGAL DESCRIPTION: Lots 7, 8 & 9 Block 790 Town of La Porte ADJUDGED VALUE (IN JUDGMENT): $13,400.00 SQUARE FOOTAGE: 9,375 SUMMARY OF SALE ACTIVITY BIDDER: BIDDER'S ADDRESS: AMOUNT OF BID: $3,500.00 AMOUNT OF DEPOSIT: $350.00 AMOUNT DUE: $3,150.00 BIDDER'S PHONE NO: November 2, 1999 City of La Porte PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT JUDGMENT TO COUNTY, ET AL. % SCHOOL % CITY % TOTAL AMOUNTDUEJ $5,997.94 23.73% $12,263.04 48.51 % $7,017.22 27.76% $25,278.20 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 $3,500.00 $561.00 $470.00 $0.00 $250.00 $2,219.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $526.52 23.73% $1,076.49 48.51 % $615.99 27.76% $2,219.00 Amount of Bid: $3,500.00 Costs: -District Clerk $511.00 -Tax Master $50.00 Mike Landrum -Constable Fee $0.00 -Publication $470.00 -Abstract Fee $250.00 -Cost $0.00 -Ad Litem Fee $0.00 Total: $2,219.00 Taxing Jurisdictions: Amount in Judgment: % Amount Received City of La Porte $7,017.22 27.76% $615.99 La Porte ISD $12,263.04 48.51% $1,076.49 Harris County $4,729.96 18.71% $415.21 San Jacinto CCD $472.96 1.87% $41.52 State of Texas $795.02 3.15% $69.79 $25,278.20 100.00% $2,219.00 Costs + Taxes $26,559.20 Adjudged Value $ 13,400.00 P054 1s HCAD: Appraisal Record Detail Page 1 of 1 Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Real Property Account HCAD Account # : 0241020900007 Tax Year : 1999 Owner Name : PEREZ JOSE M Owner Address : 409 S 15TH ST LA PORTE TX 77571-4845 �TM Property Address : 409 S 15TH ST LA PORTE TX 77571 Legal Description : LTS 7 8 & 9 BILK 790 LA PORTE State Class Code : C1 -- Real, Vacant Lots/Tracts Homestead Exemption : -- Special Exemption : -- Jurisdiction Codes : 020 040 047 071 Overlapping CAD : No Notice Date : 04/13/1999 Capped Account : No ARB Approved : 08/13/1999 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. Valuation : Previous Change AppraisedValue Market Value Land : 13,400 0 13,400 Improvement : 0 0 O Ag/Tmbr/Spc : 0 0 O Total Value : 13,400 0 13,400 13,400 Note: For any problems or questions with any account, please email Account Questions with the account number (if you have it) and the nature of the problem or question. For technical questions (and technical questions only), please email the webmaster. 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NI Cj ef' Ill S'1 5L ,X ' S2 1 SL I SL 1 521 tv , SZ,, SZ; Sit 52 IL,- i52 R19Z1 YI YI YI RIRI YI RI Si14L RI SZI RI YIY I 11 1 1 1 1 1 1 I I 1 1 I 1 I I 1 I 1 1 I 1111� 1 I I I 1 I I 1 1 I 1 RI 1 IOQ I I^ CNjI [+1I M NI NI c� M NI NI N NI o^I ml R RI Y Y Y 9Z SL Y 9L Y R R Y R Y Y R I Y I R I R I Y I Y I St: I YI R r ItI Y R I Si l Y l SLI Y 11 1 1 1 1 %Z9LS� L 1 1 I I 1 I I I 1 1 ^I R R R R Y Y R Y Y Y 9i Y I Y R Y Y RI YIYI R, RiY Rise St RI YIY IRIY ISZI 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 N I OI NI �1 r CastomCAMA WebRDE Page 1 of 1 CAMA Detail Navigate Search ° z. 2010 u x 09, 0 OIL 6 OKI Tax Year: Account #: 024-102-090-0007 NH Group: Summary I Appraised Alternate Cost I* Noticed Property Use: I X1 I Governmental Exempt 20001 Ownershi : Neighborhood: 2010 Summary #I Owner Name I % Own I Role 2162 1 M!R Primary Method: Notice 1 1 CITY OF LA PORTE 100% Owner Legal Description Land: $11,719 LTS 7 8 & 9 Building: $0 BLK 790 X FOB: $0 LA PORTE New Construction: $0 Site Address Owner Address CAUSE #98-61451 409 S 15TH ST , LA Total Market: $11,719 PO BOX 1115 PORTE 77571 Cap Reduction: $0 LA PORTE, TX 77572-1115 New Owner Date: 1!1/2000 AKA' Mail To: Total Appraised: $11,719 A http://webrde.hcad.org/info.asp?strap=0241020900007&ty=2010 6/10/2010 02/18/2004 09:32 FAX 7138621429 PBFCM Z 002/011 Case Number: 9861451 Court: STYLE: CITY OF LA PORTE O F F I C I A L C 0 S T B I L L VS HOUSTON AREA CENTRAL CREDIT UNION Date: 08/04/99 Fees DUe The fees Listed have been assessed accordin5 to state Lau at time of assessment. Official records in my office show that the fees and costs are past due. INVOICE FILE DATE ASSESSED TO FEE SERVICE PERFORMED AMOUNT DUE ------------------------------------------------------------------ --- ------------------------------ ----------- 591147 12-31-98 CITY OF LA PORTE 573578 02.23-99 CITY OF LA PORTE 633850 03-26-99 SAN JACINTO COMMUNITY COLLEGE DISTRICT 637941 03-31-99 CITY OF LA PORTE 682182 06-29-99 SAN JACINTO COMMUNITY_ COLLEGE DISTRICT 683844 07-D9-99 CALAME LINEBARGER GRAHAM & PENA LLP 696279 07-28-99 CITY OF LA PORTE 100 FILING NEW CASE 45.00 300 SHERIFF'S BAILIFF FEE 10-00 450 JUDICIAL FILING FEE 40.00 199 RECORD PRESERVATION FEE 5.00 195 SECURITY SERVICE FEE 5.00 452 LEGAL SERVICES FEE - CIVIL 10.00 121 CITATION WITH 1 COPY 24.00 355 CONSTABLE FEE -TAX 150.00 121 CITATION WITH 1 COPY 8.00 355 CONSTABLE FEE -TAX 60.00 102 FILING INTERVENTION 15.00 196 SECURITY FEE 1.00 452 LEGAL SERVICES FEE - CIVIL 10-00 121 CITATION WITH 1 COPY 8.00 355 CONSTABLE FEE -TAX 60.00 102 FILING INTERVENTION 15.00 196 SECURITY FEE 1.00 452 LEGAL SERVICES FEE - CIVIL 10.00 102 FILING INTERVENTION 15.00 196 SECURITY FEE 1.00 452 LEGAL SERVICES FEE - CIVIL 10.00 145 ORDER OF SALE 8.00 -------------------------------------------------------------------------------------- --------------------------------- BALANCE DUE: $511.00 02/18/2004 09:32 FAX 7138621429 PBFCM 191003/011 Case Number: 9361451 Court: STYLE: CITY OF LA PORTE O F F I C I A L C 0 S T 8 I L L VS HOUSTON AREA CENTRAL CREDIT UNION DWED BY AMOUNT OWED CITY of LA PORTE 433.00 SAN JACINTO COMMUNITY COLLEGE DISTRICT 52.00 CALAME LINEBARGER GRAHAM b PENA LLP 26.00 TOTAL OWED: S511.QQ CHARLES HACARISSE DISTRICT CLERK issued by: CLASS, BARBARA K. DEPUTY. Tax MaVowdd 713) 755-5762 Date: 08/04/99 02/18/2004 09:33 FAX 7138621429 PBFCM � 004/011 CAUSE NO. 98-61451 CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT VS. ALICE PEREZ N/K/A ALICE TAGORE; HOUSTON AREA CENTRAL CREDIT UNION; JOSE M. PEREZ 'VS. STATE OF TEXAS IZZ COUNTY OF HARRIS SAN JACINTO COMMUNITY COLLEGE DISTRICT § IN THE DISTRICT COURT OF § § HARRIS COUNTY, TEXAS § 129TH JUDICIAL DISTRICT DEFAULT JUDGMENT On July 9, 1999, this cause being called in its regular order, came the Plaintiff Taxing Unit(s) whether Plaintiff(s), Intervenor(s) or Impleaded Plaintiff(s), to wit: 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 COUNT SAN JACINTO COMMUNITY COLLEGE DISTRICT (SAN JACINTO CCD) The defendants are as follows: RECORUER-3 MEMCMMOUM This Instrument is of pear qua lily and net mliofertorr for photographic recordation; and/or aito►aliohs were Present at the Ilme of imaging 02/18/2004 09:33 FAX 7138621429 PBFCM Q 005/011 ALICE PEREZ N/K/A ALICE TAGORE; HOUSTON AREA CENTRAL CREDIT UNION; JOSE M. PEREZ: who was duly served with citation which has been returned to this court and has been on file for more that ten (10) days, failed to answer and wholly made Default. The Defentant(s) though duly served in the manner prescribed by law failed to appear and answer in this suit wholly making default. All matters ov controversy, both of fact and law, were submitted to the Court. The Court, after considering the pleadings, evidence, and arguments of counsel, grants judgment as follows; IT IS ORDERED that the Plaintiff taxing'units shall not be granted any monetary relief against HOUSTON AREA CENTRAL CREDIT UNION, lienholder(s). IT IS ORDERED that the Plaintiff taxing units recover of and from the Defendant(s),as indicated below, the total sum of money due for taxes, penalties, interest, attorney fees, title research fees, and costs, which claims are secured by tax liens against the property hereinafter described, for which let execution issue; provided, however, that no money judgment is granted against any defendant which is designated as IN REM ONLY, TRACT 1. ALL OF LOTS 7,8, AND 9, IN BLOCK 790, IN LA PORTE TOWNSITE, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58, PAGE 462, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Account No. 024-102-090-0007 Adjudged Market Value: 13400.00 TRACT 1 Tax Years Delinquent Base Tax Penalty & Interest 33.48 Atty's For Title Research Total CITY OF LA PORTE 1985 - 1997 $2746.61 $4144.52 S250.00 S7138.12 LA PORTE ISD 1985 - 1997 $4913.49 $7056.91 S S11970.28 HARRIS COUNTY 19T6-119t S a0n-97 Sol IS(o,S S 5 a�S,'13 $ l s q Uq .9(0 SAN JACINTO CCD — q �� S 3$.1 S 31p , t l S S , D8 S $ S S S $ S S S S 14 02/18/2004 09:33 FAX 7138621429 PBFCM a 006/011 IT IS ORDERED that in addition Plaintiff taxing unit(s) recover of and from the Defendant(s), as indicated above, the 1998 base tax, as indicated in the tables below. In addition, beginning February 1, 1999, Plaintiff taxing unit(s) shall also recover of and from Defendant(s) penalties, interest and attorney's fees as shown below. The amounts set forth below reflect the cumulative total due on the first day of each month shown below. TRACT 1 1998 Base Tax February 1999 March 1999 April 1999 May 1999 June 1999 July 1999 CITY OF LA PORTE $95.14 S117.07 $11926 S121.45 S123.63 $125.82 S129.10 LA PORTS 1SD $215.74 $265.47 5270.43 $5 $2B532 5292.76 S S S S 5 S S S IT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendant(s) interest at the rate of one (1%) percent per month or portion of a month on the base tax amount for the 1997 and prior tax years from August 1999 until paid, and interest at the rate of one (1%) percent per month on the 1998 base tax amount from August 1, 1999 until paid. IT 1S ORDERED that the Plaintiff taking unit(s), do have and recover from the Defendant(s), all court costs that have been, and will be incurred in the prosecution of this cause. All costs of court shall be paid by the Defendant(s), for which let execution issue. IT IS ORDERED that MIKE LANDRUM, Tax Master be awarded 50.00 as a Tax Master Fee and that such amount be taxed as costs in this case. IT IS ORDERED that the following taxing units, having been joined herein but having failed to plead and prove their claims for delinquent taxes on the above described real property, shall have their tax liens on such property extinguished for all delinquent taxes due, as of the date of this 02/18/2004 09:33 FAX 7138621429 PBFCM 2 007/011 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 against each of the above -described tracts of land secures the payment of all taxes, penalties, interest, abstractor's fees, attorneys fees, and costs of court, attributable to each of said tracts, Such tax lien(s) are prior and superior to all claims, right, title, interest, or lien(s) asserted by any Defendant(s) herein. Plaintiff(s) shall have foreclosure of said tax lien(s) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said Defendant(s) by any right, title or interest acquired during the pendency of this suit. Further, said property is ORDERED SOLD in satisfaction of the amount of the judgment_ The clerk of this court is directed to issue an order of sale, commanding that the Sheriff or any Constable of the State of Texas seize, levy upon, advertise for sale, and sell said tracts of land to the highest bidder for cash, as under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code. IT IS ORDERED that the property may be sold to a taxing unit that is a party to the suit or 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 market value of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall belong and be distributed to all taxing units'which were parties to this suit and which have been adjudged to have tax liens against said property, pro rata'and in proportion to the amounts of their respective tax liens as established in this judgment. IT IS ORDERED that the Tax Collector of the Plaintiff and Intervenors may provide to the officer conducting the sale, a certified tax statement showing the amount due the taxing unit as of the date of the proposed sale, and such officer may rely on such statements and may not be held liable or 02/18/2004 09:33 FAX 7138621429 PBFCM Q 008/011 responsible for the accuracy of the applicable portion of the caluclation. 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 said property, shall be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled to such excess in accordance with the terms and provisions of the Texas Property Tax Code. IT IS ORDERED that the clerk of this court shall issue a writ of possession, as authorized by law, to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns pursuant to the Texas Property Tax Code. IT IS ORDERED that this Judgment is all things without prejudice to the authority and power of Plaintiff Taxing Unit(s) to hereafter levy and collect taxes or to maintain a suit or suits to enforce and recover any taxes for the 1999 tax year and/or subsequent tax years on the property herein described. IT IS ORDERED that all parties heretofore named in any pleadings filed by any party and not included in this judgment, and any property set out in previous pleadings but not included in this judgment, are hereby dismissed without prejudice to the right to refile their claims. Any relief previously requested and not herein granted is expressly denied, IT IS ORDERED that for all the above recovery, let ution issue. Signed this the. day of A. ., 199 . U✓t , JUDGE VESI5 02/18/2004 09:3-3 FAX 7138621429 PBFCM a 009/011 APPROVED AS TO FORM: PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L_P. TR'Y G. ISEIVIA SBOT 218 6500 JASON . . BAILEY SBOT 00790253 JENNINE Y. HOVELL SBOT #24002313 2600 Citadel Plaza, Suite 500 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 FAX LINEBAR E HEARD, GOGGAN, BLAIR, GR & S N LLP. By. PANKAJ R. tARNAR SBOT #00792 BEVERLY MEL014TREE SBOT# 13922100 1021 MAIN, SUITE 2100 HOUSTON, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX DANIEL J. SNOOKS/ATTY FOR SAN JACINTO CCD KD-J, jv'1-ZZ SBOT# 11550 FUGUA, STE 490 HOUSTON, TEXAS 77034 281/484-8400 281/484-2860 FAX 02/18/2004 09:33 FAX 7138621429 PBFCM fa010/011 CERTIFICATE OF LAST KNOWN ADDRESS I, Terry G. 'Wiseman/Jason L. Bailey, do hereby certify that the last known mailing address of the Defendant is ALICE TAGORE FKA ALICE PEREZ: 8100 STONE #309, SOUTH HOUSTON, TX 770611 HOUSTON AREA CENTRAL CREDIT UNION: PRESIDENT OR VICE PRESIDENT, 1249 NORTH LOOP W., HOUSTON, TX 770081 JOSE M. PEREZ: 411 S. BLACKWELL, LA PORTE, TX 77571. TERRY GI WISE JASO L. AILEY JENNINE Y. HOVELL 02/18/2004 09:33 FAX 7138621429 ?BFCM Z1011/011 NO. Q� & (qs"r § IN THE DISTRICT COURT OF § HARRIES COUNTY, TEXAS § § /63l' C( JUDICIAL DISTRICT AFFMAVIT OF NONMEMARY STATUS THE STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned authority on this day personally appeared Jason L, Bailey, who after being duly sworn did under oath state as follows. - "My name is Jason L. Bailey, I a n licensed the attorney of record for the Plaintiffs) in the above -entitled and numbered cause. Based on a review of Plaintiffs records in the public domain the defendant(s) in the above - entitled and numbered cause were not in any branch of the nmilitary service when this suit was filed, have not been in the military service at any time since then and are not now in any military service of the limited States of America to the best of my knowledge" n J. SUBSCRIBED AND SWORN TO BEFORE ME, on is Ae- ~y` 61LDA (CAM N TARP PUBLIC, State my COWISMON BORES 4'%iRf ;:�' February 3, 2002 U089818 THE STATE OF TEXAS } COUNTY OF RABBIS } Know all men by these Presents: i DEED UNDER ORDER OF SALE 11/22/99 201118553 U089818 $12.50 THAT VVHEREAS, by virtue of a certain order of sale in Tax Suits issued out of the 129'h Judicial District Court of Harris County, Texas, in Cause No. 98-61451 on the 30'h day of August 1999, in favor of City of LaPorte, La Porte Independent School District (La Porte ISD), Harris County, Harris County Education Department, Port of Houston of Harris County 1 Authority, Harris County Flood Control District, The Harris County Hospital District (Harris .' County), San Jacinto Community College District (San Jacinto CCD), and against against Alice Perez N/K/A Alice Tagore; Houston Area Central Credit Union; Jose M. Perez, on a certain judgment and decree of sale, rendered on the 16'h day of July 1999, 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, I, BILL BAILEY, Constable Precinct No. 8, of Harris County, Texas, did, upon the 7'h day of September 1999, 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 first of said publications appearing not less than twenty days immediately preceding the ;day of the sale; and 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, ' original survey, locality in the county, and the name by which the land is most generally known. I also mailed to against Alice Perez N/K/A Alice Tagore; Houston Area Central Credit Union; xJose M. Perez, of the above named defendant(s) a notice of the sale, directed to each of them at their last known address. On the first Tuesday in November 1999, same being the 2nd day of November 1999, between the hours of ten o'clock a.m., 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 Courthouse 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 taxing units that established tax liens in Cause No. 98-6145lin the 129'h Judicial District Court of Harris County, Texas, for the amount of taxing owing, including interest and penalties: NOW, TBEREFORE, 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 the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 98-61451 in the 129'h Judicial District Court of Harris County all of the estate, right, title and interest which the said Alice Perez N/K/A Alice Tagore; Houston Area Central Credit Union; Jose M. Perez, had on the 2nd day of November 1999, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: ALL OF LOTS 7, 8, AND 9, IN BLOCS 790, .flV LA PORTE TOWNSITE, AN ADDITION INHARRIS COUNTY, MXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58, PAGE 462, OF THE DEED RECORDS OFHARRIS COUNTY,. TEX49 DEED UNDER ORDER OF SALE L0'25-208 1 PAGE 2 JM-J CAUSE NO. 98-61451 CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT VS. ALICE PEREZ N/K/A ALICE TAGORE; ET AL 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 taxing units that established tax liens in Cause No. 98-61451 in the 129t' Judicial District Court of Harris County 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 Testimony Whereof I have hereunto set my hand, this day of BILL Y, CONS PRECIN8 . THE STATE OF TEXAS } COUNTY OF HARRIS } Before me, Carolynn C. Loftin, a notary public in and for The State of 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. Given under my hand and seal of office, this day of Plll�Cll!!l1l.ICI./CI.R�CIC�t�CIC�r� fil YP& CAROLYNN C. LOFTIN NOTARY PUBLIC, STATE OF TEXAS MY coh"SwIpI fl(PIRES 7rE\OF,�+e JAN.19, 2002 �jCrr✓llll.�iC/Y./lllllllJlJl� r Notary Pufilic in and for The -State of Texas my FROHpI MM w= REiWM 71E tIRLE,1610R, OR USE OF DE DEMWRM 11111011197YOMMOFCOLOR0RICEERMROISFnIC UMMFAALOW THE STATE OF TEXAS l COUNTY OF HARRIS f I Nrdtr1 egos that NIA drlragM 0t FILED to flit t1NIu SgNan w qfi Ide W MIN out Meg, Ilnn by N; M1 iur tflp RECORDED, to 1N official ►VItle It to is t7 Real Properly of ThnK Cow Tan an NOV 2 2 1999 A COUNT CLERK HARMS COUNTY TEXAS h) C) L'S tJ RESOLUTION NO. 2010- '! 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 28`h day of June, 2010. CITY OF LA PORT 10014z__' ee-�J Daryl onar ,Mayor Pro -Tern ATTEST: Martha .Gillett, City Secretary APP OV ark skins, Assistant City Attorney EXHIBIT "A" Legal Description: LOT 6, BLOCK6, BROOKGLEN SECTION 1, AN ADDITION IN HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY DEED FILED IN THE HARRIS COUNTY CLERK'S OFFICE DEED RECORDS DIVISION, UNDER CLERK'S FILE NUMBER E416288. Minimum Bid: $7,400.00 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: 100-523-000-0006 CAUSE NO: 1998-58659 PLAINTIFF(S): City of La Porte & La Porte Independent School District JUDGMENT AGAINST: Connie S & William Karpiak JUDGMENT DATE: October 27, 1999 STRUCK OFF DATE: March 7, 2000 ORDER OF SALE: January 6, 2000 DEED RECORDED DATE: March 21, 2000 STRUCK OFF TO: City of La Porte CONSTABLE: Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS: 8423 Avington Rd LEGAL DESCRIPTION: Lot 6 Block 6 Brookglen Sec 1 R/P ADJUDGED VALUE (IN JUDGMENT): $56,000.00 SQUARE FOOTAGE: 7,035 BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT AMOUNT DUE: SUMMARY OF SALE ACTIVITY $7,400.00 $740.00 $6,660.00 BIDDER'S ADDRESS: BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT JUDGMENT TO COUNTY, ET AL. % SCHOOL % CITY % TOTAL AMOUNTDUEJ $9,648.19 26.80% $16,611.13 46.14% $9,744.83 27.07% $36,004.15 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES ESTIMATED AMOUNT AMOUNT OF COURT CON STABLE/;BLIATI AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST ON FEE FEE DEED RECORDING FEE TAXES $7,400.00 $784.00 $470. $750.00 $250.00 $5,146.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $1,379.00 26.80% $2,374.20 46.14% $1,392.81 27.07% $5,146.00 Amount of Bid: $7,400.00 Costs: -District Clerk $734.00 -Tax Master $50.00 Chris Stacy -Constable Fee $0.00 -Publication $470.00 -Abstract Fee $250.00 -Cost $5,084.70 Demolition 10-1-96 -Ad Litem Fee $750.00 Madison R Jones Total: $61.30 Taxing Jurisdictions: Amount in Judgment: % Amount Received City of La Porte $9,744.83 27.07% $16.59 La Porte ISD $16,611.13 46.14% $28.28 Harris County $8,341.12 23.17% $14.20 San Jacinto CCD $1,307.07 3.63% $2.23 State of Texas $0.00 0.00% $0.00 $36,004.15 100.00% $61.30 Costs + Taxes $43,342.85 Adjudged Value $ 56,000.00 P086 KEI, HCAD: Appraisal Record Detail Page 1 of 2 Personal: Account Number Address Owner Name Advanced Real Property Account HCAD Account # : 1005230000006 Tax Year : 2000 Preliminary Values IaOwner Name : KARPEAK W A 4 , , Owner Address : 8423 AVINGTON RD LA PORTE TX 77571-3620 Property Address : 8423 AVINGTON RD LA PORTE TX 77571 Legal Description : LT 6 BLK 6 BROOKGLEN SEC 1 R/P State Class Code : Al -- Real, Residential, Single -Family Homestead Exemption : -- Special Exemption : -- Jurisdiction Codes : 020 040 047 071 Overlapping CAD : No Notice Date : 4/27/00 Capped Account : No ARB Approved Value Status : Noticed, Not Certified Your taxes will be based on Appraised Value, less applicable exemptions, if any. 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L Account #: 100-523-000-0006 NH Group: Summary I Appraised Alternate Cost Noticed Property Use: I X1 I Governmental Exempt 20007 Neighborhood: 2010 Summary Ownershi : ^' 21201 Primary Method: Notice # Owner Name % Own Role BROOKGLEN Land: $14,535 1 CITY OF LA PORTE 100% Owner PT 2 Building: $0 Legal Description XFOB: $0 LT 6 BLK 6 New Construction: $0 BROOKGLEN Owner Address SEC 1 RIP Total Market: $14,535 PO BOX 1115 LA PORTE, TX 77672-1116 Site Address 8423 Cap Reduction: $0 AVINGTON New Owner Date: 3/10/2000 RD , LA Total Appraised: $14,535 PORTE 77571 AKA: Mail To: i http://webrde.hcad.org/info.asp?strap=1005230000006&ty=2010 6/10/2010 xa aE W � Q P. A VFW H 0a z O aa F U Q CA aQ iU� H F C9 z H q F a z �ma H a yaw H t W a W O E. EO a r E E. 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F O H E O E. 0 E-F a E. ao Wa as 06/12/2003 10:41 FAX 7138621429 PBFCM - LA PORTE ,ORDER OF SALE IN TAX SUITS TR# 'I aL O 9� (it001 THE STATE OF TEXAS TO: ANY SHERIFF OR ANY CONSTABLE WITHIN THE STATE OF TEXAS, GREETING: WHEREAS, in the suit set forth below, the Plaintiff and/or Intervenor taxing units 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 bereto and incorporated by reference; WHEREAS, the Judgment constituted a foreclosure of the lien for taxes due to the Plaintiffs) and/or Interevenor(s) 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. 1998-58659; CITY OF LA PORTE vs. KARPIAK, CONNIE S. See attached true and correct copy of judgment signed on OCTOBER 27, 1999, recorded in Volume and Page Number and/or Image No. 282099, 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;ll) 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, WITH RESPECT TO THE SUIT SHOWN ABOVE, YOU ARE HEREBY COMMANDED to proceed to seize, levy, upon, and advertise for sale under Execution the property described 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 a P4rty 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 (1) 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 judgments against the property, including all costs of suit and sale. You are further commanded to make such We subject to the right of the Defendant(s) to redeem the property pursuant to Section 3411 of the Texas Property Tax Code; and, further, you are commanded to make to the Purchaser, or to 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, plus the interest, penalties, costs and expenses of suit, and attorney's fees as set out in said judgment, and further, the costs of executing this Order, including your costs of sale: the remainder of the purchase price, if any there be, shall be paid to the Clerk of the District Clerk to be retained by said Clerk, subject to the order of said Court, in accordance with the statures of the State of Texas. HEREIN FAIL NOT, and make due return of this Writ within 180 days from the date of issuance hereof, with your endomment thereon showing how you have executed the same. ISSUED UNDER MY HAND and the seat of Office at Houston, Texas this -ZI f rday of 19-ff_. Issued at the request of - Terry G. Wiseman Perdue, Brandon, Fielder, Collins 2600 Citadel Plaza, Suite 500 Houston, Texas 77008 Charles Bacarisse, District Clerk Harris County Texas Y. C Deputy 06/12/2003 10:42 FAX 7138621429 PBFCM LA PORTE (6003 CAUSE NO. 98-59659 CITY OF I.A PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT vs. CONNIE S. KARPIAK; WILLIAM A. KARPIAK vs. 'STATE OF TEXAS COUNTY OF HARRIS SAN JACINTO COMMUNITY COLLEGE DISTRICT JUDGMENT in $ IN THE DISTRICT COURT OF § § HARRIS COUNTY, TEXAS § § WrH JUDICIAL DISTRICT g r Y d.i Li cm Lu V) Ij f :• v� oa - On October 5, 1999, this cause being called in its regular order, came the Plaintiff Taxing Unit(s) whether Plaintiff(s), Intervcnor(s) or Impleaded Plaintiff(s), to wit: CITY OF LA PORTE LA PORTE INDEPENDENT SCHOOL DISTRICT (LA PORTS 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 CCD) The defendants are as follows: CONNIE S. KARP.IAK; WILLIAM A. KARPIAK has fled an answer through a Court appointed attorney and was given notice of the Trial date. t�iiwr �" v °w°a ad vs �� 08/12/2003 10:42 FAX 7138621429 PBFCX - LA PORTE 0002 Case Number: 9858654 Court: STYLE: CITY OF LA PORTE O F F I C I A L VS KARPIAK, CONNIE S Date: 12/21/99 Fees Due The fees Listed have been assessed according to state taw at time of assessment. Official records in my office show that the fees and costs are past due. INVOICE FILE DATE ASSESSED TO FEE SERVICE PERFORMED AMOUNT DUE 580050 12-11.98 CITY OF LA PORTE 100 FILING NEW CASE 45.00 602803 01-28.99 CITY OF LA FORTE 640460 04-14-99 CALAME LINEBARGER GRAHAM 6 PENA LLP 630665 06-28.99 SAN JACINTO COMMUNITY COLLEGE DISTRICT 730958 12.20-99 PERDUE,BRANDON FIELDER COLLINS6MOTT LLP 300 SHERIFFfS BAILIFF FEE 10.00 450 JUDICIAL FILING FEE 40.00 199 RECORD PRESERVATION FEE 5.00 195 SECURITY SERVICE FEE 5.00 452 LEGAL SRVCS FEE-FAMILY/DiST 10.00 121 CITATION WITH 1 COPY 16-00 121 CITATION WITM 1 COPY 16.00 355 CONSTABLE FEE -TAX 120.00 102 FILING INTERVENTION 15.00 196 SECURITY FEE 1.00 452 LEGAL SRVCS FEE-FAMILY/DiST 10.00 102 FILING INTERVENTION 15.00 196 SECURITY FEE 1.00 452 LEGAL SRVCS FEE-FAMILY/DIST 10.00 145 ORDER OF SALE 8.00 356 CONSTABLE FEE -TAX SALE 400.00 291 UNCERTIFIED COPIES 7-00 --------•------ ---..... BALANCE DUE: s734.00 OWED BT AMOUNT OWED CITY OF LA PORTE 267.00 CALAME LINEBARGER GRAHAM 6 PENA LLP 26.00 SAN JACINTO COMMUNITY COLLEGE DISTRICT 26.DO PEROUE,BRANOON FIELDER COLLINSSMOTT LLP 415.00 CHARLES SACARISSE DISTRICT CLERK Issued by: GILMORE. DUANE TOTAL OWED. S734.00 TAX MASTER Ssom CMUS STACY 06/12/2003 10:42 FAX 7138621429 PBFCM LA PORTE 16004 Said cause coming on for trial and no jury having been demanded, all parties announced ready. All matters of controversy, both of fact and of law, were submitted to the Court. The Court, after considering the pleadings, evidence, and arguments of counsel. grants judgment as follows;' IT IS ORDERED that the Plaintiff taxing units recover of and from the Defeadant(s),as indicated below, the total sum of money due for taxes, penalties, interest, attorney fees, title research fees, and costs, which claims are secured by taut liens against the property hereinafter described, for which let execution issue; provided, however, that no money judgment is granted against any defendant which is designated as IN REM ONLY, TRACT I. LOT 6, BLOCK 6, BROOKGLEN SECTION 1, AN ADDITION IN HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY DEED FILED IN THE HARRIS COUNTY CLERICS OFFICE DEED RECORDS DIVISION, UNDER CLERWS FILE NUMBER E41628Z;. Account No_ 100-523-000.0006 Adjudged Market Value: 56000.00 TRACT 1 ma Yeas Delinqutnt Pewly A 3148 Title Tout Sam TM Ime mt M" Fee Reamch Cr Y OF LA TORTE IM -1m 3MIM S""-w f?.4 m S sly tJl TOR iE ISD f9i6 •1998 S797S 60 Sl6�233 f1661117 IInRRis courmr 9 5--191H sA1rJAaxrocm - s ib s s s s s : s s s s IT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendants) interest at the rate of one (1%) percent per month or portion of a month on the base tax amount for the 1998 and prior tax yeas from November 1, 1999 until paid. 08/12/2003 10:43 FAX 7138621429 PBFCM y LA PORTE 0 005 IT IS ORDERED that the Plaintiff taxing unit(s), do have and recover from the Defendant(s), all court costs that have been, and will be incurred in the prosecution of this cause. All costs of court shall be paid by the Defendant(s), for which let execution issue. 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 this case. Tr IS ORDERED that MADISON R. ]ONES, attorney ad litem, be awarded the sum of S d C to be taxed as coats. IT IS ORDERED that the following taxing units, having been joined herein but having: failed to plead and prove their claims for delinquent taxes on the above described real property, shall have their tax liens on such property extinguished for all delinquent taxes due, as of the date of this 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 against each of the above -described tracts of land secures the payment of all taxes, penalties, interest, abstractor'$ fees, attorneys fees, and costs of court, attributable to each of said tracts. Such tax lien(s) are prior and superior to all claims, right, title, interest, or lien($) asserted by any Defendant(s) herein. Plaintiff(s) shall have foreclosure of said tax liens) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said Defendant(s) by any right, title or interest acquired during the pendency of this suit. Further, said property is ORDERED SOLD in satisfaction of the amount of the judgment The clerk of this court is directed to issue an order of sale, commanding that the Sheriff or any Constable of the State of Texas seize, levy upon, advertise for sale, and sell said tracts of Iand to the highest bidder for cash, as under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code. 06/12/2003 10:43 FAX 7138621429 PBFCM LA PORTE 0 008 IT IS ORDERED that the property may be sold to a taxing unit that is a party to the suit or 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 market value of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall belong and be distributed to all taxing units which were parties'to this suit and which have been adjudged to have tax liens against said property, pro rata and in proportion to the amounts of their respective tax liens as established in this judgment. IT 1S ORDERED that the Tax Collector of the Plaintiff and Intervenors may provide to the officer conducting the sale, a certified tax statement showing the amount due the taxing unit as of the date of the proposed sale, and such officer may rely on such statements and may not be held liable or responsible for the accuracy of the applicable portion of the caluclation. IT IS ORDERED that any excess in the proceeds of sate 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 said property, shall be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled to such excess in accordance with the terms and provisions of the Texas Property Tax Code. IT IS ORDERED that the clerk of this court shall issue a writ of possession, as authorized by law, to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns pursuant to the Texas Property Tax Code. IT IS ORDERED that this Judgment is all things without prejudice to the authority and power of Plaintiff Taxing Unit(s) to hereafter levy and coned taxes or to maintain a suit or suits to enforce and recover any taxes for the 1999 tax year and/or subsequent tax years on the property herein 06/12/2003 10:43 FAX 7138621429 PBFCM LA PORTE Z 007 ` described. IT IS ORDERED that all parties heretofore named in any pleadings filed by any party and not included in this judgment, and any property set out in previous pleadings but not included in this judgment, are hereby dismissed without prejudice to the right to refile their claims. Any relief previously requested and not herein granted is expressly denied_ IT IS ORDERED that for all the above rccomy, let execution issue. Signed this the 31 day of O�Y , 1999. CAI ,, :SI—J DGE PRES ING 06/12/ 2003 10: 43 FAX 7138621429 PBFCM y LA MUL wi UUs APPROVED AS TO FORM: PERDUE. BRANDON, FIELDER, COLLINS & MOTT, I-L.P4 Y JA6oN L. BAILEY SBOT #00790253 JENNINE Y. HOVELL. SBOT #24002313 2600 Citadel Plaza, Suite 500 Houston. Texas 77008 (713) 862-1860 (713) 862.1429 FAX LINEBARGER, HEARD, GOGGAN, BLAIR, GRAHAM, PENA & SAMPSON U.P. BY 'V1 t PANKAJ R. PA MAR SHOT #00792098 BEVERLY MELONTREE SBOT# 13922100 1021 MAIN, SUITE 2100 HOUSTON, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX DANIEL J. SNOOMATTY FOR SAN JACINTO CCD SBOT vI O 11550 FUG A. SM 490 HOUSTON, TEXAS 77034 291/484-8400 281/484-2860 FAX MADISONIR-JON ATTY ADLITE.M SBOT # 17 S. BRIAX HOLLOW, STE 20, HOUSTON. TX 77027 713/62I-6688 06/12/2003 10:44 FAX 7138821429 PBFCM LA PORTE 0 009 31, I Cef.14 I_ 0 I, TERRY G. WISEMAN/JASON L BAILEY, JENNINE Y. HOVELL d certify that a true and correct copy of the above and foregoing instrument was 7V- upop a1V ia,Cordance with Rule 21(a) T.R.C.P. (�(� a a.ra�a v. tr avara�arus JASO I BAILEY JENNINE Y. HOVELL THE STATE OF TEXAS } COUNTY OF HARRIS } Know all men by these Presents: 03/21/00 300383726 U285857 $12.50 `'- DEED UNDER ORDER OF SALE THAT WHEREAS, by virtue of a certain order of sale in Tax Suits issued out of the 80' j Judicial District Court of Harris County, Texas, in Cause No. 1998-58659 on the 21" day o L December, 1999, in favor of City of La Porte, La Porte Independent School District (La Port 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 CCD), and against Connie S. I'' Karpiak; William A. Karpiak on a certain judgment and decree of sale, rendered on the 27 h day of October, 1999, 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, I, BILL BAILEY, Constable Precinct No. 8, of Hams County, Texas, did, upon the 6t' day of January, 2000 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 first of said publications appearing not less than twenty days immediately preceding the day of the sale; and 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, original survey, locality in the county, and the name by which the land is most generally known. I also mailed to Connie S. Karpiak; William A. Karpiak of the above named defendant(s) a notice of the sale, directed to tJ each of them at their last known address. ' On the first Tuesdayin March 2000 same being the 7"' day of Marc 2000 between the g Y � hours of ten o'clock a.m., and four o'clock p.m., I sold said hereinafter described land and premises at public vendue in the County of Hams, State of Texas, at the door of the Courthouse of said Harris County, Texas, and the premises hereinafter described were struck off to the City of La Porte for the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 1998-58659 in the 80'b Judicial District Court of Harris County, Texas, for the amount of taxing 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 the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 1998-58659 in the 80t' Judicial District Court of Harris County all of the estate, right, title and interest which the said to Connie S. Karpiak; William A. Karpia had on the 7t' day of March, 2000, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: LOT 6, BLOCK 6, BROOKGLEN SECTION 1, AN ADDITION IN HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY DEED FILED IN THE HARRIS COUNTY CLERK" OFFICE DEED RECORDS DIVISION, UNDER CLERK'S FILE NUMBER E416288. DEED UNDER ORDER OF SALE PAGE 2 CAUSE NO. 1998-58659 CI PORTE INDEPENDENT SCHOOL DISTRICT vs. CONNIE S. KARPIAK; WILLIAM A. KARPIAK 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 taxing units that established tax liens in Cause No. 1998-58659 in the 80t' Judicial District Court of Harris County 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 Testimony Whereof, I have hereunto set my hand, this/0 day of 14wat.A fl THE STATE OF TEXAS COUNTY OF HARRIS Before me, Carolyn C. Loftin, a notary public in and for The State of 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. Given under my hand and seal of office, this /Qdday of oar"per CAROLYNN C. LOFTIN + NOTARY PUBLIC, STATE OF TEXAS . WY COMMISSION EXPIRES �tirrrrr!!!lrr rffrl00 f,,�,,� Notary Public ig and for The Stat f Texas Perdue, Brandon, Felder, Collins & Mott 2600 Citadel Plaza, Suite 500 Houston, Texas 77008 RESOLUTION NO. 2010-_ 0 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 281h 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 28t' day of June, 2010. CITY OF LA POR E Daryl Legnard, Mayor Pro-Tem ATTEST: Mart a A. Gillett, C t Secretary APP O D: l l Clark Askins, Assistant City Attorney EXHIBIT "A" Legal Description: ALL OF LOT 4, THE SOUTH 18 FEET OF LOT 3, AND THE NORTH 14 FEET OF LOT 5 IN BLOCK 178 OF TOWN OF LA PORTE, IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58 PAGE 460 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS Minimum Bid: $5,300.00 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: 023-255-078-0003 Property Struck off for: 1999-00951 City of La Porte & La Porte Independent School District Gordon Baumbach October 5, 2000 STRUCK OFF DATE: January 11, 2001 March 23, 2001 STRUCK OFF TO: Bill Bailey, Constable Precint No 8 1003 S Third Street Lot 4 & S 18ft of Lot 3 & N 14ft of Lot 5 Block 178 La Porte ADJUDGED VALUE (IN JUDGMENT): $22,500.00 SQUARE FOOTAGE: 7,125 SUMMARY OF SALE ACTIVITY BIDDER: BIDDER'S ADDRESS: AMOUNT OF BID: $7,900.00 AMOUNT OF DEPOSIT: $790.00 AMOUNT DUE: $7,110.00 BIDDER'S PHONE NO: Value March 6, 2001 City of La Porte PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT JUDGMENT TO COUNTY, ET AL. % SCHOOL % CITY % TOTAL AMOUNTDUEJ $5,029.98 26.82% $8,229.08 43.87% $5,498.61 29.31% $18,757.67 ASSOCIATED COSTS ON ORIGINAL AND SFAI Fn RIn SA1 RR CONSTABLE/ ESTIMATED AMOUNT AMOUNT OF COURT PUBLICATION FEE AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST (TISD) FEE DEED RECORDING FEE TAXES $7,900.00 $662.00 $470.00 $0.00 $250.00 $6,518.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $1,747.84 26.82% $2,859.48 43.87% $1,910.68 [29,31%] $6,518.00 Amount of Bid: $5,300.00 Costs: -District Clerk $612.00 -Tax Master $50.00 -Constable Fee $0.00 -Publication $470.00 -Abstract Fee $250.00 -Cost $3,890.00 Asbestos & Dangerous Building Removal on 10/17/01 -Ad Litem Fee $0.00 Total: $28.00 Taxing Jurisdictions: Amount in Judgment: % Amount Received City of La Porte $5,498.61 29.31 % $8.21 La Porte ISD $8,229.08 43.87% $12.28 Harris County $4,289.18 22.87% $6.40 San Jacinto CCD $740.80 3.95% $1.11 State of Texas $0.00 0.00% $0.00 $18,757.67 100.00% $28.00 Costs + Taxes $24,029.67 Adjudged Value $ 22,500.00 P118 HCAD: Appraisal Record Detail Page 1 of 2 Personal: Account Number Address Owner Name Advanced Real Property Account HCAD Account # : 0232550780003 Tax Year : 2001 Preliminary Values Owner Name: BAUMBACH GORDON E Owner Address : 1003 S 3RD ST LA PORTE TX 77571-5025 Property Address : 1003 S 3RD ST LA PORTE TX 77571 Legal Description : LT 4 & S 18 FT OF LT 3 & N 14 FT OF LT 5 BLK 178 LA PORTE State Class Code : Al -- Real, Residential, Single -Family Homestead Exemption : -- Special Exemption : -- Jurisdiction Codes : 020 040 047 071 Overlapping CAD : No Notice Date : 4/26/01 Capped Account : No 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. Valuation : TY2001 Previous Change Appraised Market Value Value Land : 7,900 0 7,900 Improvement : 17,300 900 18,200 Ag/Tmbr/Spc : 0 0 0 Total Value : 25,200 900 26,100 26,100 Note: http://www.hcad.org/cgi-bin/AV/AVDctail.asp?acct=0232550780003 4/10/01 HCAD: Appraisal Record Detail Page 1 of 1 Personal: Account Number Address Owner Name Advanced Improved Residential Property Data Account Number : 0232550780003 Location : 1003 S 3RD ST Tax Year : 2001 View Main Screen Parcel 20 - 00921.6 - 22.0 - 002.0 - 0 / 000 - 001 9 Card ID : Land 101 -- Residential Land Area : 7,125 sq. ft. Use : 1 Family CAMA RI1 -- Residential Map Facet : 6253A Class : Improved Total Living Units : 1 Key Map : 540X Year Built / Remodeled : 1950 / 1981 Neighborhood : 2158 Style : Traditional Exterior Wall ; Shake / Shingle Stories : 1 Foundation : Slab Living Area : 1,582 sq. ft. Heating / Air : None Bed / Bath : 4 / 1 full, 1 half Attic : None Rec / Total Rooms : 0 / 7 Physical Poor Condition : Wood Fireplace : 0 Grade : D+ Metal Fireplace : 0 Status : Dwelling Other : Carport Shed 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 http://www.hcad.org/cgi-bin/CAMA/ResImproved.asp?acct=0232550780003 &card=l 4/ 10/01 CustomCAMA WebRDE Page 1 of 1 t Ai41A [ietail Navigate Search uT Account #: 023-255-078-0003 NH Group: Property Use: I X1 I Governmental Exempt 20011 Ownershi : Neighborhood: # Owner Name % Own Role ; 21681 LAPORTE 1 CITY OF LA PORTE ET AL 100% Owner Legal Description LT4&S18 FT OFLT3& N 14 Owner Address FT OF LT 5 CAUSE #1999-00951 BLK 178 PO BOX 1115 LA PORTE LA PORTE, TX 77572-1115 Site Address 1003 S 3RD New Owner Date: 1/1/2002 ST , LA PORTE 77571 AKA: Mail To: Summary I Appraised Alternate Cost I * Noticed 2010 Summary Primary Method: Notice Land: $15,844 Building: $0 XFOB: $0 New Construction: $0 Total Market: $15,844 Cap Reduction: $0 Total Appraised: $15,844 http://webrde.hcad.org/info.asp?strap=0232550780003&ty=2010 6/10/2010 �tiTRt�r -- -- H * ono <o ■� � i� � N D h 4 6 Zm bm d � : z to Q•y �� # m g 3 6253B9 I l^ I 1 I I 1 I W I I I G71 N 1 NIN �I NIA NI NI MI NI NI NI 1�1N NIN IM ISZ SZI SZI SZI SZI SZ I I I 1 1 N NI NI WI ml � YGI Yc, YCI Ycl xlac I I I 1 I I 1 ^ I I 1 1 ..+ I cJ C%'IV 1a? 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GORDON E. BAUMBACH, INDIVUALLY AND AS HEIR TO NYALTON BAUMBACH V5. STATE OF TEXAS COUNTY OF HARRIS WSIDIMIMSUM102 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS § 215TH JUDICIALDIMICT On January 25, 2000, this cause bring called in its regular order, came the Plaintiff Taxing Unit(s) whether Plaintiff(s). Intervenor(s) or Impleaded Plaintiff(s), to wit: CITY OF LA PORTE LA PORTE INDEPENDENTSCHOOL DISTRICT (LA PORTE ISD) IIARRIS COUNTY, I IARRIS COUNTY EDUCATION DEPARTMENT,PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, IIARRIS COUN-1-Y FLOOD CONTROL DISTRICT, THE HARRIS COUNTY HOSPITAL DISTRICT (HARRIS COUNTY) SAN JACINTO COtifMUNITY COLLEGE DISTRICT (SAN JACIVTO CCD) The defendants are as follows: GORDON E. BAULMBACII, INDIVUAL.LY AND AS HEIR T'O WALTON BAUMBACH: who was duly screed with citation which has been returned to this court and has been on file for more that ten (10) days, failed to answer and wholly made Default VICCRUM's MCM011'Not)M till* t muel..at k et ter w•utr and we r pNa orw + frga�l�aM vAW alMf� p foosm at 91a tlM N IMaaI*9 06/27/2002 10:09 FAX 7138621429 PBFCM -, LA PORTE Im 004 The Defentant(s) though duly served in the manner prescribed by law failed to appear and answer in this suit wholly making default. All matters of controversy, both of fact and law, were submitted to the Court. The Court, after considering the pleadings, evidence, and arguments of counsel, grants judgment as follows; IT IS ORDERED that the Plaintiff taking units recover of and from the Defendant(s),as indicated below, the total sum of money due for taxes, penalties, interest, attorney fees, title research fees, and costs, which claims are secured by tax liens against the property hereinafter dcscrl'bcd, for which let execution issue; provided, however, that no money judgment is granted against any defendant which is designated as III REM ONMLY, TRACT 1. ALL OF LOT 4, THE SOUTH 18 FEEL OF LOT 3, AND THE NORTH 14 FEET OF LOT 5 IN DLOCK 178 OF TOV}N OF LA PORTE, IN IIARRIS COUN-TV, TEXAS, ACCORDING TO THE AUP OR PLAT THEREOF RECORDED IN VOLUME S8 PAGE 460 OF THE DEED RECORDS Of HARRIS COUNTY, TEXAS. Account No. 023-255-078-0003 Adjudged Market Valuc: 22500.00 TRACT I TAX YEARS D01Uq cni Warn Tax NrPhy a Iolereu 33A AuYs Fea 710a Raaeamh L41 7S5749&61 CM OF LA FORT% 1911 -1996 $2409.00 S30".61 5 -00 IA PORTr: IM 1989 -1298 S40n3.68 SJ275AZ $..2'.9.09 IIARRIS COUN7V 1985-1998 MAN 51975DP S376.10 5 542$9.18 SA4 IAC:IA'IU CCD 1905.199a $33120 S}; 9,49 "20 1 3740.69 S S S S S S J $ S S S IT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendant(s) interest at the rate of one (17a) percent per month or portion of a month on the base tax amount for the 199S and prior tax years from February 1, 2000 until paid. 06/27/2002 10:09 FAX 7138621429 PBFCM a LA PORTE IM 002 Cove Number: 9900951 Court: STYLE: CITY OF LA PORTE 0 F F I C I A L C05T DILL VS BALNBACH, GORDON E (IND AND AS HEIR TO WALTON BAUM Fees Due The fees listed have boon assessed according to state Law at time of assessment. Official records in my office show that the fees and coats are past due - INVOICE ------- FILE DATE --------- ASSESSED TO ----------------------------•-..--_------------- FEE --- SERVICE PERFORMED -------------------------- AMOUNT DUE 786313 D1-28-00 LINEBARGER,HEARD, GOGGAN ,BLAIR GRAHAM,PENA 3 SAMPSO 102 FILING INTERVENTION 15.00 1.00 196 SECURITY FEE 452 LEGAL SRVCS FEE-FAMILY/DIST 10.00 001925 04-25-00 PERDUE,BRANDON FIELDER COLLINVAOTT LLP 145 ORDER OF SALE B.oD 7.00 291 UNCERTIFIED COPIES 356 CONSTABLE FEE -TAX SALE (,DO-00 032203 10-24-00 LINEBARGER, HEARD GOGGAN BLAIR GRAHAM PENA & $AMPS 140 ABSTRACT 8-00 0357M 11-21-00 PERDUE,BRANDON FIELDER COLLINS&7DTT LLP 145 ORDER OF SALE 8.00 592693 01-12.99 CITY OF LA PORTE 100 450 FILING NEW CASE JUDICIAL FILING FEE 45.00 40-00 199 RECORD PRESERVATION FEE 5.00 195 SECURITY SERVICE FEE 5.00 452 LEGAL SRVCS FEE-FAMILY/GIST 10.00 121 CITATION WITH 1 COPY 8.00 609089 02-19.99 CITY OF LA PORTE 121 CITATION WITH 1 COPY S.OD 694360 09-30.99 CITY OF LA PORTE 121 CITATION WITH 1 COPY 8.00 730257 11-29-99 SAN JACINTO COMMUNITY COLLEGE DISTRICT FILINGI EREVENTION 15.00 102 SECUR100 FE 452 LEGAL SRVCS FEE-FAMILY/oIST 10.00 -----------------------------------------------------....-.-------- ----------------------------------------------- BALANCE DUE: $612.00 O F F I C I A L C 0 5 T D I L L Date: 11/22/00 Case Number: 9900951 Court: STYLE: CITY OF LA PORTE VS BAUMBACH, GORDON E (IND AND AS HEIR TO WALTON BAUM OWED BY AMOUNT OWED ----------- -------------------------------------------------- LINEDAK&R,HEARD, GOGGAN,BLAIR GRANAM,PENA 4 SAMPSO 26.00 PERDUE BRANDON FIELDER COLLINSiMOTT LLP 423.00 LINIWGER, HEARD GOGGAN BLAIR GRAHAM PENA & SAMPS 8.00 CITY OF LA PORTE 129.00 SAN JACINTO COMMUNITY COLLEGE DISTRICT 26.DO TOTAL OWED: $612.00 CHARLES BACARISSE DISTRICT CLERK TAX MASTER FEE OF 550.00 AWARDED TO Issued by: GILMORE, DUANE ATTORNEY AD LITEM FEE: DEPUTY. U944662 THE STATE OF TEX4S } COUNTY OF HAMS } Know all men by these Presents: DEED UNDER ORDER OF SALE 03nY01 3MI19374 044W SILOO THAT WHEREAS, by virtue of a certain Alias Order of Sale in Tax Suits issued out of the 215th Judicial District Court of Harris County, Texas, in Cause No. 1999-00951 on the 27th day of November, 2000, in favor of City of LaPorte, LaPorte Independent School District (La Porte ISD), Harris County, Harris County Education Department, Port of Houston of Harris 'rk County Authority, Harris County, Flood Control District, The Harris County Hospital District (Harris County), San Jacinto Community College District (San Jacinto CCD), and against Gordon E. Baumbach, Individually and as Heir to Walton Baumbach on a certain judgment and _', decree of sale, rendered on the 5th day of October, 2000, 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, I, Bill Bailey, Constable Precinct No. 8, of Harris County, Texas, did, upon the 1Ith day of January, 2001 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 first of said publications appearing not less than twenty days immediately preceding the day of the sale; and 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, original survey, locality in the county, and the name by which the land is most generally known. I also mailed to Gordon E. Baumbach, Individually and as Heir to Walton Baumbach of the above named defendants a notice of the sale, directed to each of them at their last known address. On the first Tuesday in March, same being the 6th day of March, 2001, 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 Courthouse 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 taxing units that established tax liens in Cause No. 1999-00951 in the 215th 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 the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 1999-00951 in the 215th Judicial District Court of Harris County all of the estate, right, title and interest which the said Gordon E. Baumbach, Individually and as Heir to Walton Baumbach had on the 6th day of March, 2001, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: I DEED UNDER ORDER OF SALE PAGE 2 CAUSE NO. 1999-00951 CITY OF LA PORTE, ET AL VS. GORDON E. BAUMBACH, ET AL Tract 1. ALL OF LOT 4, THE SOUTH 18 FEET OF LOT 3, AND THE NORTH 14 FEET OF LOT 5 IN BLOCK 178 OF TOWN OF LA FORTE, IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 589 PAGE 460 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS HCAD #023-255-07"W3 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 taxing units that established tax liens in Cause No. 1999-00951 in the 215th Judicial District Court of Harris County 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 Testimony Whereof, I have hereunto set my hand, this 0 day of March, 2001. THE STATE OF TEXAS } COUNTY OF HARRIS } Before me, Jodi L. Kimball, a notary public in and for The State of 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 Given under my hand and seal of office, this/3 y of March, 2001 f�,►,�CICIt�.IC/lllllll�C/.IC'�fllll! JODI L. KIMBALL NOTARY PUBLIC. STATE OF TEXAS MY COMMISSION EXPIRES lazu'! JAN.16,2005`pllrllll./l.�lllllll..�lll./�p N Public Ain and for The State of Texas Ferdue, Brandon, Felder, 001111718 & Mott 2600 Citadel Plaza, Suds 500 Houston, Texas 77008 unnawat�r date Irtmennl�srE,Ilatr.al�anE�n+�tt "AmffImw**towNan all"A lNi1f010E umecur. THE STATE OF TEXAS COUNTY OF HARRIS IMMIaAIMMIi i�IwNw R� i HeNwMrIMMwNM1iM MMMIM �rNwMwhN:wtwNpAECOMEI.YMOriW�1NlMa�M111M11►�p�llMi Cw�,tasw MAR 2 3 2001 Courm cx m HARKS COUNTY. TEXAS N N W 3c c� 1n RESOLUTION NO. 2010-. 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 28`h day of June, 2010. CITY OF LA PORTE Daryl L nard, Mayor Pro-Tem ATTEST: M a A. Gillett, City Secretary APPROV Clark Askins, Assistant City Attorney EXHIBIT "A" Legal Description: LOTS 51 AND 52 IN BLOCK 24 OF BAY FRONT ADDITION, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 85, PAGE 441 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Minimum Bid: $8,300.00 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: 006-114-000-0051 2000-17540 City of La Porte & La Porte Independent School District Sandra Mann, Anthony Paul Mann, David Mann & Paul George Mann September 26, 2001 STRUCK OFF DATE: March 5, 2002 November 30, 2001 March 26, 2002 STRUCK OFF TO: City of La Porte Bill Bailey, Constable Precinct No 8 716 S Blackwell Lots 51 & 52 Block 24 Bayfront to La Porte ADJUDGED VALUE (IN JUDGMENT): $ 27,800.00 SQUARE FOOTAGE: 6,250 BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT AMOUNT DUE: SUMMARY OF SALE ACTIVITY $8,300.00 $830.00 $7,470.00 BIDDER'S ADDRESS: BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT JUDGMENTTO1 COUNTY, ET AL. % SCHOOL % CITY % TOTAL AMOUNTDUEJ $5,597.59 23.68%1 $11,921.711 50.43% $6,121.57 25.89% $23,640.87 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES ESTIMATED AMOUNT AMOUNT OF COURT CONSTABLE/PUBLICATI AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST ON FEE TISD) FEE DEED RECORDING FEE TAXES $8,300.00 $1,396.00 $2,920.00 $3,700.00 $250.00 $34.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $8.05 23.68% 1 $17.15 50.43% $8.80 25.89% $34.00 Amount of Bid: $8,300.00 Costs: -District Clerk $1,346.00 -Tax Master $50.00 Chris Stacey -Costs $2,450.00 Demolition of House 3/12/04 -Publication $470.00 -Abstract Fee $250.00 -Ad Litem Fee $3,700.00 Luaine L Quast Total: $34.00 Taxing Jurisdictions: Amount in Judgment: % Amount Received City of La Porte $6,121.57 25.89% $8.80 La Porte ISD $11,921.71 50.43% $17.15 Harris County $4,785.49 20.24% $6.88 San Jacinto CCD $812.10 3.44% $1.17 State of Texas $0.00 0.00% $0.00 $23,640.87 100.00% $34.00 Costs + Taxes $31,906.87 Adjudged Value $ 27,800.00 P143 TAX RESALE PROPERTY HCAD #: 0061140000051 Property ID: P143 Legal Description: LTS 51 & 52 BLK 24 BAY FRONT TO LA PORTE Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Real Property__ Account Preliminary Values HCAD Account # : 0061140000051 Tax Year : 2002 Owner Name : MANN F Ownership History... Owner Address : 716 S BLACKWELL ST LA PORTE TX 77571-5827 Property Address : 716 S BLACKWELL ST LA PORTE TX 77571 Legal Description : LTS 51 & 52 BLK 24 BAY FRONT TO LAPORTE State Class Code : Al -- Real, Residential, Single -Family Homestead Exemption : -- Special Exemption Jurisdiction Codes : 020 040 047 071 Overlapping/Shared CAD : No Notice Date : 04/26/02 Capped Account : No 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 : TY2002 Previous Change Appraised Value Market Value Land : 7,800 0 7,800 Improvement : 26,200 1,500 27,700 Ag/Tmbr/Spc : 0 0 0 Total Value : 34,000 1,500 35,500 35,500 5-Year Value History... Note: Year 2002 (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 (if you have it) and the nature of the problem or question. Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Improved Residential Property Data Account Number : 0061140000051 Tax Year : 2002 Location : 716 S BLACKWELL ST View Main Screen Parcel ID : 20 - 00921.4 - 29.0 - 032.0 - 0 / 000 - 001 6 Card Land Use : 101 -- Residential 1 Family Land Area : 6,250 sq. ft. 1 CAMA RI1 -- Residential Map Facet : 6253B Class : Improved Total Living Units : 1 Key Map : 540Z Year Built : 1950 Neighborhood : 2145 Style : Traditional Stories : 1 Living Area : 1,074 sq. ft. Bed / Bath : 4 / 1 full, 1 half Rec / Total Rooms : 0 / 6 Wood Fireplace : 0 Metal Fireplace : 0 Other : Shed Exterior Wall ; Shake / Shingle Foundation : Crawl Space Heating / Air : None Attic : None Physical Fair Condition : Grade : D Status : Dwelling 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 CustomCAMA WebRDE Page I of I DetailCAMA x 0 — 6 d x Tax Year : 2010 Q' Account #: 006-114-000-0051 NH Group: Summary I Appraised Property Use: I X1 I Governmental Exempt 20011 Alternate Cost I* Noticed Ownershi : Neighborhood: 2010 Summary r # Owner Name ° /° Own Role + 2145 BAY Primary Method: Notice 1 CfTY OF LA PORTE 100% Owner FRONT Legal Land: $17,188 Description Building: $0 LTS 51 & 52 XFOB: $0 BLK 24 New Construction: $0 BAY FRONT Owner Address PO BOX 1115 PORTE Total Market: $17,188 LA PORTE, TX 77572-1115 Site Address Cap Reduction: $0 716 S New Owner Date: 1/1/2003 BLACKWELL Total Appraised: $17,188 ST,LA PORTE 77671 AKA: Mail To: http://webrde.hcad.org/info.asp?strap=006114000005I &ty=2010 6/10/2010 71 q�-- co �5 ?a q^' �7 `...>�w �i4 ,�,.. qn. q ^ v; . ^NO ru y'N ... NN 7 �. •A � q ,. �^ q �`..4 q q`Q l� /?a `�^ V J(�p r?6 H hC.' q+.�` •y C�Ty�1 �C' hI ` A 4 -... ,Aza 7ws- �m to wN aN O^?d- qN �2d �j l 4� •^> ••'�' ?,. v'A6'^^�., 'N' C ^'A..'3 p` q' wy _WJ ^2' 1 d qN .,,6 � ` rW\. wµ+ �4 ,. q � A^ ^ N ,. �l r� ^�1 [SJ N `� • y '4-j,P ....`� N /� j A ......� y __,�tio/ ; ; m� Z B2s q� NOY� a �?�6 \�' Y � � as ., ^izy.•.'r q ti 1 � �°j �y,,,, ^ � �°' t) �iaB, r J rou/lg. aaa Cps � a6laE rr p+ rrr'�r G7r+�/ad "�/Uy,, a^ N. a y.Q qN... ^ad i'�i ^ N � ,.�.`� y �C aN ^ 3'p• ,+g�N�_Qli `7 W�Fr .Y rvl+wJk/rp�i✓r ' Iad' w w'�'^� �. � r/ �i�ry/i�r w r�� r rrNd as \ 7� `�•WN ` w L � q , rr ravor/ rWrrAr+UO r 0 N ��.�Y-.. Y � _ _ G'J,,� .ram !r'"f O�+l �lr ++ink y r �v ;p�,.., /_ '✓ 1 r' �,,A L +r l H/ iray+ %� r + +�� V �• � rr • �4G' `^ `'? ?6 ++ !r ' r! r+ v�tr r � 9 `� / �i'°p N / N r a,,,Y 9ad7tq Z �210230 } O k `c •t+�%1p+� r� b 4woo lE ;a S. �'11 '� z N zP ail 0 0) fn T i Page 19 of 65 CHARLESBACARISSE DISTRICT CLERK STATEMENT OF ACCRUED COST&IFEES - -_ --- -- THIS IS NOT A BILL CITY OF LA PORTE vs MAIN, FRED (HIS HEIRS SUCCESSORS OR ASSIGNS OR OTH ?ERDUE.BRANDON FIELDER COLLINS&MOTT LLP Cause: 7-200017540 2600 CITADEL PLZ#500 Court: 333 HOUSTON, TX 77009 Judgment Date: Issued at the Request of: PERDUE,BRANDON FIELDER COLLINS&MOTT LLP DATE RCT/INV ASSESED TO/COLLECTED FROM TYPE ITEM DESCRIPTION FEES/COSTS PAID 1 1/28/2001 85559 PERDUE BRANDON FIELDER COLLINS&MOTT LLP ASMT ORDER OF SALE &00 0.00 11/28/2001 85559 PERDUE,BRANDON FIELDER COLLINS&MOTT LLP ASMT UNCERTIFIED COPIES 9.00 0.00 11/28/2001 85559 PERDUE BRANDON FIELDER COLLINS&MOTT LLP ASMT CONSTABLE FEE -TAX SALE 400.00 0.00 01/31/2001 43744 CITY OF LA PORTE ASMT CITATION 2 COPIES 24.00 0.00 12/18/2000 38790 CITY OF LA PORTE ASMT CITATION WITH 1 COPY &.00 0.00 12/18/2000 38790 CITY OF LA PORTE ASMT CONSTABLE FEE -TAX 60•00 0.00 12/14/2000 38480 CITY OF LA PORTE ASMT CITATION WITH 1 COPY 8.00 0.00 12/14/2000 38480 CITY OF LA PORTE ASMT CONSTABLE FEE -TAX 60.00 0.00 06/30/2000 17642 CALAME LINEBARGER GRAHAM & PENA LLP ASMT FILING INTERVENTION 15.00 0.00 06/30/2000 17642 CALAME LINEBARGER GRAHAM & PENA LLP ASMT SECURITY FEE 1.00 0.00 06/30/2000 17642 CALAME LNE13ARGER GRAHAM & PENA LLP ASMT LEGAL SRVCS FEE-FAMILY/DIST 10.00 0,00 05/17/2000 12094 SAN JACINTO COMMUNITY COLLEGE DISTRICT ASMT FILING INTERVENTION 15.00 0.00 05/17/2000 12094 SAN JACINTO COMMUNITY COLLEGE DISTRICT ASMT SECURITY FEE 1.00 0.00 05/170-000 12094 SAN JACINTO COMMUNITY COLLEGE DISTRICT ASMT LEGAL SRVCS FEE-FAMILY/DIST 10.00 0.00 D411212000 7557 CITY OF LA PORTE ASMT FILING NEW CASE 45.00 0.00 04/12/2000 7557 CITY OF LA PORTE ASMT CITATION WITH I COPY 72.00 0.00 04/12/2000 7557 CITY OF LA PORTE ASMT SECURITY SERVICE FEE 5.00 0.00 W1212WO 7557 CITY OF LA PORTE ASMT RECORD PRESERVATION FEE 5.00 0.00 04/1212000 7557 CITY OF LA PORTE ASMT CONSTABLE FEE -TAX 540.00 0.00 04/12/2000 7557 CITY OF LA PORTE ASMT JUDICIAL FILING FEE 40.00 0.00 04112f2000 7557 CITY OF LA PORTE ASMT LEGAL SRVCS FEE-FAMILY/DIST 10.00 0.00 TOTAL ALL FEES: 1,346.00 0.00 BALANCE DUE ALL FEES: 1,346.00 Summary Costs Paid Due. CALAME LINEBARGER GRAHAM & PENA LLP $26.00 $0.00 $26.00 CITY OF LA PORTE $877.00 $0.00 S877.00 PERDUE,BRANDON FIELDER COLLINS&MOTT LLP S417.00 $0.00 $417.00 SAN JACINTO COMMUNITY COLLEGE DISTRICT $26.00 $0.00 $26.00 0 Statement Totals: $1,346.00 S0.00 S1,346.00 TAXABLE COST NOT ASSESSED BY DISTRICT CLERK'S OFFICE Tax Master Fee S Payable To: Chris Stacy CHARLES BACARISSE DISTRICT CLERK Prepared by. DU ILMORE _ DEPUTY. MONEY DUE CHARLES BACARISSE, DISTRICT CLERK $1,346.00 (713) - 755-5769 CAUSE NO. 2000-17540 CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT vs. SANDRA MANN, INDIVIDUALLY AND AS HEIR TO FRED :AND BARBARA MANN; VIRGE41A G. STANTON; ANTHONY PAUL MANN, INDIVIDUALLY AND AS HEIR TO FRED AND BARBARA MANN; BARBARA MANN; DAVID MANN INDIVIDUALLY AND AS HEIR TO FRED AND BARBARA MANN; FRED MANN; ,TACK P. STANTON; PAUL GEORGE MANN, INDIVIDUALLY AND AS HEIR TO FRED AND BARBARA MANN vs. STATE OF TEXAS COUNTY OF HARRIS SAN JACINTO COMMUNITY COLLEGE DISTRICT P- ? § IN THE DISTRICT COURT OF § § HARRIS COUNTY, TEXAS 4 § 333RD JUDICIAL DISTRICT AJ J AL / On September 4, 2001, this cause being called in its regular order, came the Plaintiff Taxing Unit(s) whether Plaintiff(s), Intervenors) or Impleaded Piaintiff(s), to wit: CITY OF LA PORTE LA PORTE INDEPENDENT SCHOOL DISTRICT (LA PORTE ISD) RECORDERS MEMO M Thcs tnaa awd is of paw 4Wv'y rocwdadm wxvwaufaftA Wom P"W,M,t rA tom. 01 Wa*v 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 CCD) The defendants are as follows: SANDRA MAN /, INDIVIDUALLY A?�-AS HEIR TO FRED AND BARBARA MANN; BARBARA MANN, FRED MAN I : have filed an answer through a Court appointed attorney and were given notice of the Trial date. VIRGINIA G. STAB Wl4; ANTHONY PAUL MANN INDIVIDUALLY AND AS HEIR TO FRED AND BARBARA MANN;; DAVID MANN"� INDIVIDU AND AS HEIR TO AND BARBARA MANN; JACK P. STAN'TOW, PAUL GEORGE MANNt INDIVIDUALLY AND AS HEIR TO FRED AND BARBARA MANN: whom were duly served with citation which have been returned to this court and have been on file for more than ten (10) days, failed to answer. Said cause coming on for trial and no jury having been demanded, all parties announced ready. All matters of controversy, both of fact and of law, were submitted to the Court The CduM after considering the pleadings, evidence, and arguments of counsel, grants judgment as follows; IT IS ORDERED that the Plaintiff taxing units shall not be granted any monetary relief against JACK P. STANTON; VIRGINIA G. STANTON, lienholder(s). IT IS ORDERED that the Plaintiff taxing units recover of and from the Defendant(s),as indicated below, the total sum of money due for taxes, penalties, interest, attorney fees, title research fees, and costs, which claims are secured by tax liens against the property hereinafter described, for which let execution issue; provided, however, that no money judgment is granted against any defendant which is designated as IN REM ONLY, TRACT 1. LOTS 51 AND 52 IN BLOCK 24 OF BAY FRONT ADDITION, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 85, PAGE 441 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Account No. 006-1144000-0051 Adjudged Market Value: 27800.00 TRACT I TAX YEARS Dal*tient Ban TAX Pcnalty A Intereit 33.48 Atty's Fas Title Research Total CITY OF LA PORTS 1994 - 2000 $2423.71 $3692.86 S250.00 26 Y71.57 L.A PORTS ISD 1432 - 2008 $48" $7073.08 S $11921.71 HARRIS COUNTY 198r{"?.O�J 3#143,45 $113 6,44 $ 42S'S'J $ SAN 1ACINTO CCD 144Lt-;4C0 S 3q'71,J-S $ $ S ail.to $ s s s s S $ S S s IT IS ORDERED that the Plaintiff taidng units, do have and recover from the Defendant(s) interest at the rate of one (1%) percent per month or portion of a month on the base tax amount for the 2000 and prior tax years from October 1, 2001 until paid. IT IS ORDERED that LUAINE L. QUAST, attorney ad litem, be awarded the sum of $ to be taxed as costs. 77-7CTO ea r, IT IS ORDERED that the Plaintiff taxing unit(s), do have and recover from the Defendant(s), all court costs that have been, and will be incurred in the prosecution of this cause. All costs of court shall be paid by the Defendant(s), for which let execution issue. 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 this case. IT IS ORDERED that the following taxing units, having been joined herein but having failed to plead and prove their claims for delinquent taxes on the above described real property, shall have their tax liens on such property extinguished for all delinquent taxes due, as of the date of this 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 against each of the above -described tracts of land secures the payment of all taxes, penalties, interest, abstractor's fees, attorneys fees, and costs of court, attributable to each of said tracts. Such tax lien(s) are prior and superior to all claims, right, title, interest, or lien(s) asserted by any Defendant(s) herein. Plaintiff(s) shall have foreclosure of said tax lien(s) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said Defendant(s) by any right, title or interest acquired during the pendency of this suit Further, said property is ORDERED SOLD in satisfaction of the amount of the judgment. The clerk of this court is directed to issue an order of sale, commanding that the Sheriff or any Constable of the State of Texas seize, levy upon, advertise for sale, and sell said tracts of land to the highest bidder for cash, as under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code. IT IS ORDERED that the property may be sold to a taxing unit that is a party to the suit or 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 market value of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall belong and be distributed to all taxing units which were parties to this suit and which have been adjudged to have tax liens against said property, pro rats and in proportion to the amounts of their respective tax liens as established in this judgment. IT IS ORDERED that the Tax Collector of the Plaintiff and Intervenors may provide to the officer conducting the sale, a certified tax statement showing the amount due the taxing unit as of the date of the proposed sale, and such officer may rely on such statements and may not be held liable or responsible for the accuracy of the applicable portion of the calculation. 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 said property, shall be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled to such excess in accordance with the terms and provisions of the Texas Property Tax Code. IT 1S ORDERED that the clerk of this court shall issue a writ of possession to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns within 20 days after the purchaser's deed is filed for record. IT IS ORDERED that this Judgment is all things without prejudice to the authority and power of Plaintiff Taxing Unit(s) to hereafter levy and collect taxes or to maintain a suit or suits to enforce and recover any taxes for the 2001 tax year and/or subsequent tax years on the property herein described. IT IS ORDERED that all parties heretofore named in any pleadings filed by any party and not included in this judgment, and any property set out in previous pleadings but not included in this judgment, are hereby dismissed without prejudice to the right to refile their claims. Any relief previously requested and not herein granted is expressly denied. IT IS ORDERED that for all a (recovery, let execution issue. Signed this the day of �1 , 2 C APPROVED AS TO FORM: PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. By: TE RY G. E SBOT #21816 00 JASON L. BAILEY SBOT #00790253 R. GREGORY EAST SBOT #24007138 YOLANDA M. HUMPHREY SHOT #24009764 1235 North Loop West, Suite 600 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 FAX LINEBARGER, HEARD, GAN, BLAIR GPENA & S SON LLP B 2. R SBOT #007 9 9 SIPRA SYNGAL SBOT#24027903 1021 MAIN, SUITE 1500 HOUSTN, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX DANIEL JviNOOKS/'AT7'Y R ,�PLD4/JACINTO CCD SBOT#/ — 11550 FUGUA, 4 HOUSTON, TEXAS 77034 281/484-8400 281/484-2860 FAX LUAIN U ATT RNEY AD LTIEM B S # 4 3S'D 3231 ALLEN PKWY, SUITE 1216 HOUSTON, TEXAS 77019 713-523-7265 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 foregoing instrument was served upon all parties in accordance with Rule 21(a) T.R.C.P. Y G. E SON L. B Y R. GREGORY EAST YOLANDA M. HUMPHREY I, Terry G. Wiseman/Jason I Bailey/R. Gregory East/Yolanda M. Humphrey do hereby certify that the last known mailing address of the Defendant is ANTHONY PAUL MANN: 716 S. BLACKWELL, LA PORTE, TX 775711 DAVID MANN: 716 S. BLACKWELL, LA PORTE, TX 775711 .TACK P. STANTON: 628 ASHLEY, WOODLAND, CA 956951 SAN JACINTO COMMUNITY COLLEGE, AGENT: TAX ASSESSOR/COLLECTOR: PAUL B, 1001 PRESTON, FIRST FLOOR, HOUSTON, TX 770021 VIRGINIA G. STANTON: 628 ASHLEY, WOODLAND,, CA 956951 PAUL GEORGE MANN: 716 S. BLACKWELL, LA PORTE, TEXAS 77571. 43A-�-' 4=��� RY G. WIS J ON L. BAILEY R. GREGORY EAST YOLANDA M. HUMPHREY r& — t--} e { IN THE DISTRICT COURT OF { { VS. { HARRIS COUNTY, TEXAS { DISTRICT COURT mo-m NON-MILITARY AFFIDAVIT STATE OF TEXAS { { COUNTY OF HARRIS { BEFORE ME, the undersigned authority, on this day personally appeared JASON L. BAILEY, known to me to be the person whose name is subscribed below, and upon being duty sworn did depose and state as follows: "My name is JASON L. BAILEY. I am the attorney of record for the Plaintiff in the above entitled and numbered cause of action. I am over the age of eighteen years and each and every statement made herein is true and correct. That the Defendant(s) in the herein above cause was at the time of the institution of this suit, and that said Defendant was not at the time of the institution of this suit, or at any time since, and is not now, in any military or naval service of the United States of a ica. JAS'ITN . BKILEY SIGNED AND SWORN TO before me on t is&BjX:jday of 2U01. V 684229 THE STATE OF TEXAS } COUNTY OF HARRIS } Know all men by these Presents: DEED UNDER ORDER OF SALE $11. 00 03/26/02 3�7Z3923 V68�i2'29 THAT WHEREAS, by virtue of a certain Order of Sale in Tax Suit issued out of the 333rd Judicial District Court of Harris County, Texas, in Cause No. 2000-17540 on the 30th day of November, 2001, in favor of City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County AuthonrHarris County Flood Control District, The Harris County Hospital District, San Jaci Community College District, and against Sandra Mann, Anthony Paul Mann, David Mann and_ Paul George Mann, each individually and as heir to Fred and Barbara Mann; Virginia G. Stanton; Barbara Mann; Fred Mann; Jack P. Stanton on a certain judgment and decree of sale, rendered on the 26th day of September, 2001, 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, I, BILL BAILEY, Constable Precinct No. 8, of Hams County, Texas, did, upon the 24`' day of January, 2002 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 first of said publications appearing not less than twenty days immediately preceding the day of the sale; and 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, original survey, locality in the county, and the name by which the land is most generally known. I also mailed to Sandra Mann, Anthony Paul Mann, David Mann and Paul George Mann, each individually and as heir to Fred and Barbara Mann; Virginia G. Stanton; Barbara Mann; Fred Mann; Jack P. Stanton of the above named defendants a notice of the sale, directed to them at their last known address. On the first Tuesday in March, 2002, same being the 5th day of March, 2002, between the hours of ten o'clock a.m., 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 Courthouse 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 taxing units that established tax liens in Cause No. 2000-17540 in the 333rd Judicial District Court of Harris County, Texas, for the amount of taxes owing, including interest and penalties. ALE �r DEED UNDER ORDER OF S r + jV PAGE 2 CAUSE NO.2000-17540 _ �(1 City of LaPorte, et al VS. x Fred Mann, et al 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 j said City of La Porte for the use and benefit of itself and the above named taxing units that l established tax liens in Cause No. 2000-17540 in the 333rd Judicial District Court of Harris County all of the estate, right, title and interest which the said Sandra Mann, Anthony Paul Mann, David Mann and Paul George Mann, each individually and as heir to Fred and Barbara Mann; Virginia G. Stanton; Barbara Mann; Fred Mann; Jack P. Stanton had on the 5th day of March, 2002, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: Lots 51 and 52 in Block 24 of Bay Front Addition, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 85, Page 441 of the Deed Records of Harris County, Texas 716 S Blackwell; HCAD #006-114-000-0051 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 taxing units that established tax liens in Cause No. 2000-17540 in the 333rd Judicial District Court of Harris County their heirs and assigns forever, as fully and as absolutely as I, as Constable, Precinct No. 8, of Hams County, Texas, can convey by virtue of said order of sale. In Testimony Whereof, I have hereunto set my hand, this a day of March, 2002. � /� CL�' BILL B0-1- ,. CONST PRE 8 THE STATE OF TEXAS } COUNTY OF HARRIS } Before me, Jodi L. Kimball, a notary public in and for The State of 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. Given under my hand and seal of office, this 04k day of March, 2002. JODI L. KIMBALL lti NOTARY PUBLIC, STATE OF TEXAS 1, 111 MY COMMISSION EXPIRES JAN. 1 16, 2005 V?j j F NOW Ef Mi ITME Public M ana -for- —The —State of ART PROV= H M WHO REtIRICTS ME SAIf, MAL OR USE OF TlE DESCRW REAL PROPERTY IECAUIE OF COWL OR RACE d WfU AN 1RE11FORCEAILE UNU FEDERAL LAW, THE STATE OF TEXAS COUNTY OF HARRIS Ihe* m*MIdiai ImFMaFiAiAffSsgwaaMddsardMir daspsdbars by sK ndws ddy RECORDED. i M Ofdd Rill Rm* dRd Papdy of Rats MAR 2 6 2002 RESOLUTION NO. 2010— to& A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 281h 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 281h day of June, 2010. CITY OF LA PO TE L941'e� Daryl eonard Mayor Pro-Tem ATTEST: Mart a A. Gillett, City Secretary APPROV . 77 Clark Askins, Assistant City Attorney -ml Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Real Property Account Preliminary Values HCAD Account # : 0401770000034 Tax Year: 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 INVALID 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 Note: 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 vious Change Appraised Value Market Value Land : 21,780 0 21,780 Improvement : 0 0 0 Ag/Tmbr/Spc : 0 0 0 Total Value : 21,780 0 21,780 5-Year Value History... 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 5 Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Real Property Additional Data Account Number : 0401770000034 Location : 0 N 10TH ST Tax Year : 2003 View Main Screen Card Parcel ID : 20 - 00920.1 - 16.1 - 028.2 - 0 / 000 - 001 5 1 Land Use : Commercial Vacant Land CAMA Class : Commercial, Vacant Total Living Units : 0 Total Units : 0 Parking Type / Qty / Prox : None / None / Far Land Area : 43,560 sq. ft. Map Facet : 6254A Key Map : 540T Neighborhood : C204.2 Building Class : - 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 CustomCAMA WebRDE Page 1 of 1 DetailCAMA - , -- - I 1fflx0; — OWL 0 i+ 6� 'N 0.� # Tax Year: 2010 Account #: 040-177-000-0034 NH Group: 0 Summary I Appraised Alternate Cost I" Noticed Property Use: I X1 I Governmental Exempt Neighborhood: Ownershi : 9701 2010 Summary #I Owner Name % Own Role A Legal Primary Method: Notice 1 1 CITY OF LA PORTE 100% Owner Description TR 5B Land: $21,780 ABST 5 E Building: $0 BRINSON XFOB: $0 Site Address New Construction: $0 0 N 10TH ST , Owner Address PO BOX 1115 LA PORTE 77571 Total Market: $21,780 LA PORTE, TX 77572-1115 Cap Reduction: $0 AKA: New Owner Date: 1/1/2004 Mail To: Total Appraised: $21,780 i http://webrde.hcad.org/info.asp?strap=0401770000034&ty--2010 6/10/2010 .ORDER OF SALE IN TAX SUIT TR# 5 2� 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, WITH RESPECT TO THE JUDGMENT OF PLAINTIFF(S) AND/OR INTERVENORS, YOU ARE HEREBY COMMANDED to proceed to seize, levy upon, and advertise for sale under Execution the property described 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 (1) 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 Clerk 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 thereon Qw you have executed the same. 7/1f ISSUED UNDER �id.4i4 of Office at Houston, Texas this day of ,2003. =-`- �. Issued at the request of: Terry G. Wiseman Perdue, Brandon, Fields 1235 North Loop West, Houston, Texas 77008 Q .. 1 a !gbol<lins s1G 0 Charles Bacarisse, District Clerk HarriZzf�gz , T By: Deputy Page 15 of 28 CHARLES BACARISSE DISTRICT CLERK STATEMENT OF ACCRUED COSTS/FEES THIS IS NOT A BILL CITY OF LA PORTE vs HOUSTON INTERNATIONAL SEAMENS CENTER (AKA HOUSTON PERDUE,BRANDON FIELDER COLLINS&MOTT LLP Cause: 7-200221870 2600 CITADEL PLZ#500 Court: 333 HOUSTON, TX 77008 Judgment Date: Issued at the Request oL PERDUE BRANDON FIELDER COLLINS&MOTT LLP D RC 71INV ASSESED TO/COLLECTED FROM TYPE ITEM DESCRIPTION FEES/COSTS EAM 02252003 135039 PERDUE,BRANDON FIELDER COLLINS&MOTr LLP ASMT ORDER OF SALE 8.00 0.00 02252003 135039 PERDUF BRANDON FIELDER COLLINS&MOTT LLP ASMT UNCERTIFIED COPIES 7.00 0.00 02252003 135039 PERDUE BRANDON FIELDER COLLINS&MOTT LIP ASMT CONSTABLE FEE -TAX SALE 400.00 0.00 09/162002 41989 SAN JACINTO COMMUNITY COLLEGE DISTRICT ASMT FILING INTERVENTION 15.00 0.00 08/16/2002 41989 SAN JACINTO COMMUNITY COLLEGE DISTRICT ASMT SECURITY FEE 1.00 0.00 08/16/2002 41989 SAN JACINM COMMUNITY COLLEGE DISTRICT ASMT LEGAL SRVCS FEE-FAMILY/DIST 10.00 0.00 07/302002 41425 LINEBARGER, HEARD GOGGAN BLAIR GRAHAM ASMT FIILG INTERVENTION 15.00 0.00 PENA & SAMPS 07/302002 41425 LINEBARGER, HEARD GOGGAN BLAIR GRAHAM ASMT SECURITY FEE 1.00 0.00 PENA & SAWS 07/302002 41425 LWEBARGER, HEARD GOGGAN BLAIR GRAHAM ASMT LEGAL SRVCS FEE-FAMILY/D1ST 10.00 0.00 PENA & SAWS 06/122002 39111 CITY OF LA PORTE ASMT CITATION 2 COPIES 12.00 0.00 05/022002 103423 CITY OF LA PORTE ASMT FILING NEW CASE 45.00 0.00 05/022002 103423 CITY OF LA PORTE ASMT CITATION WITH 1 COPY 8A0 0.00 05/022002 103423 CITY OF LA PORTE ASMT SECURITY SERVICE FEE 5.00 0.00 05/022002 103423 CITY OF LA PORTE ASMT RECORD PRESERVATION FEE 5.00 0.00 05/022002 103423 CITY OF LA PORTE ASMT CONSTABLE FEE -TAX 60.00 0.00 05/022002 103423 CITY OF LA PORTE ASMT JUDICIAL FILING FEE 40.00 0.00 05/022002 103423 CITY OF LA PORTE ASMT LEGAL SRVCS FEE-FAMILY/DIST 10.00 0.00 TOTAL ALL FEES: BALANCE DUE ALL FEES: 652.00 0.00 652.00 Summary Costs Paid Due CITY OF LA PORTE SI85.00 $0.00 $185.00 LINEBARGER, HEARD GOGGAN BLAIR GRAHAM PENA & SAMPS $26.00 $0.00 $26.00 PERDUE,BRANDON FIELDER COLLINS&MOTT LLP S415.00 S0.00 S415.00 SAN JACINTO COMMUNITY COLLEGE DISTRICT S26.00 S0.00 $26.00 Statement Totals S652.00 $0.00 $652.00 CHARLES BACARISSE DISTRICT CLERK Prepared by. DUANE G OREE f� O DEPUTY (713) - 755-5769 February 26, 2003 TAXABLE COST NOT ASSESSED BY DISTRICT CLERK'S OFFICE TAX MASTER FEE : $50.00 PAYABLE TO: Chris Stacy MONEY DUE CHARLES BACARISSE, DISTRICT CLERK S652.00 t • CAUSE NO. 2002-21870 CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT VS. HOUSTON INTERNATIONAL SEAMEN'S CENTER A/K/A HOUSTON INTERNATIONAL SEAMEN'S CENTER SAN JACINTO COMMUNITY COLLEGE DISTRICT S IN THE DISTRICT COURT OF S S HARRIS COUNTY, TEXAS S S 333RD JUDICIAL DISTRICT S �i rCHARLES AC E L DI:Inct Clerk ISSF 0 T 15 2002 By only, xas JUDGMENT Dgziy On October 15, 2002, this cause being called in its regular order, came the Plaintiff Taxing Unit(s) whether Plaintiff(s), Intervenor(s),or Impleaded Plaintiff(s), to wit: 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 CCD) The defendants are as follows: HOUSTON INTERNATIONAL SEAMEN'S CENTER A/K/A HOUSTON INTERNATIONAL SEAMEN'S CENTER: has filed an r and was given notice of the Trial date. ON ;ZC7M ON111 Said cause coming on for trial and no jury having been demanded, all parties announced ready. All matters of controversy, both of fact and of law, were submitted to the Court. The Court, after considering the pleadings, evidence, and arguments of counsel, grants judgment as follows; IT IS ORDERED that the Plaintiff Taxing Unit-(sl—recover—of---- -- and from the Defendant(s), as indicated above, the total sums of money set out below, which claims are secured by tax liens against the property hereinafter described; TRACT 1. TRACT 5B, ABSTRACT 5, S BRINSON, AN ADDITION IN HARRIS COUNTY, TEXAS, MORE PARTICZXMY DESCRIBED IN A. DEED FILED IN THE REAL PROPERTY RECORDS OF BARRIS COUNTY, TEXAS UNDER CLERK'S FILE NW4BSR R763220. Account No. 040-177-000-0034 Ad3udged Market Value: 21780.00 TRACT 1 TAX YEARS W inquen t BMW Tax Penalty i interest 33 48 Atty's Fee Title Research Total CITY Of LA PORTE 1996 - 2001 SS41.24 5371.94 S 5250.00 $1163 18 LA PORTE ISO 1996 - 2001 f1232.7`5�" 5843.30 S S SN76 05 WARRIS COUWTY �{ S i4(2 f . S S �-- %?4WS SAW JACINTO CCD q4i Ob1 f Q01 f bO� S i�SD+ s s s s S I-s s s s s IT IS ORDERED that the Plaintiff 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 prior tax years beginning November 1, 2002 until paid. IT IS ORDERED that the Pla nt f f- -Taxing IIni�) ,—do have—andeeover from the Defendant(s), all costs of suit, sale and resale allowable by law, that have been and will be incurred in the prosecution of this cause and the collection of this judgment. All costs of suit, sale and resale are a charge against the property subject to foreclosure in 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 issue. 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 this case. IT IS ORDERED that the following taxing units, having been Joined herein but having failed to plead and prove their claims for delinquent taxes on the above described real property, shall have their tax liens on such property extinguished for all delinquent taxes due, as of the date of this 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 against each of the above -described tracts of land secures the payment of all taxes, penalties, interest, abstractor's fees, attorneys fees, and costs of court, attributable to each of said tracts. Such tax lien(s) are prior and superior to all claims, right, title, interest, or lien(s) asserted by any Defendant(s) herein. Plaintiff Taxing Unit(s) shall have foreclosure of said tax lien(s) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said Defendant(s) by any right, title or interest acquired during the pendency of this suit. Further, said property is ORDERED SOLD in satisfaction of the amount of the Judgment. The clerk of this court is directed to issue an order of sale, upon the request of any Plaintiff Taxing Unit that is party to this sum,- comman--ding brat—any-She-ri-f-f- o�any----- Constable of the State of Texas seize, levy upon, advertise for sale, and sell said tracts of land to the highest bidder for cash, as under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code. IT IS ORDERED that the property may be sold to a taxing unit that is a party to the suit or 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 market value of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall belong and be distributed to all taxing units which were parties to this suit and which have been adjudged to have tax liens against said property, pro rata and in proportion to the amounts of their respective tax liens as established in this 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 said property, shall be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled thereto in accordance with the terms and provisions of the Texas Property Tax Code. IT IS ORDERED that the clerk of this court shall issue a writ of possession, as authorized by law, to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns pursuant to the Texas Property Tax Code. IT IS ORDERED that Plaintiff Taxing Unite are allowed—s=h -writs-and --- processes as may be necessary in the enforcement and collection of this judgment. IT IS ORDERED that this Judgment is all things without prejudice to the authority and power of Plaintiff Taxing Units) to hereafter levy and collect taxes or to maintain a suit or suits to enforce and recover any taxes for the 2002 tax year and/or subsequent tax years on the property herein described. IT IS ORDERED that all parties heretofore named in any pleadings filed by any party and not included in this judgment, and any property set out in previous pleadings but not included in this judgment, are hereby dismissed without prejudice to the right to refile their claims. Any other relief previously requested and not herein granted is expressly denied. IT IS ORDERED that for all the Signed this the day recovery, let execution issue. 2 IDING APPROVED AS TO FORM: PERDUE, BRANDON, FIELDER, COLLINS &� •M.OT' TT,� ,L.L.P. , /� TE Y G . WI SWAN SBOT #21816500 JASON L. BAILEY SBOT #00790253 R. GREGORY EAST SBOT #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¢I P PAMW R . P SBOT #00792098 SIPRA SYNGAL SBOT #24027903 1021 MAIN, SUITE 1500 HOUSTON, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX DANI9". SNQW/ITTY FQR. SAN JACINTO CCD BY SHOT# 11550 FU U , STE 490 HOUSTON, TEXAS 77034 281/484-8400 281/484-2860 FAX 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 foregoing instrument was served upon all parties in accordance with Rule 21(a) T.R.C.P. RYG. S JA N L. BAiLty R. GREGORY EAST YOLANDA M. HUMPHREY THE STATE OF TEXAS ) - W 7- =� 2 7' 3 .11 J DEED UNDER ORDER OF SALE 06M3/03 106164351 t12.00 THAT WHEREAS, by virtue of a certain Order of Sale in Tax Suits issued out of the 333rd Judicial i, ' 9 District Court of Harris County, Texas, in Cause No. 2002-21870 on the 26 h day of February, 2003, in favor / of Plaintiffs, City of LaPorte, LaPorte Independent School District, Harris County, Harris County Education E Department, Port of Houston of Harris County Authority, Harris County Flood Control District, The Harris:.. County Hospital District and San Jacinto Community College District, and against Defendant, Houston International Seamen's Center A/K/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 first 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, t, j 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/K/A Houston International Seamen's Center, of the c `9 j above named defendant(s), a notice of the sale, directed to them at their last known address. On the first Tuesday in May, 2003, same being the 6th day of May, 2003, between the hours of ten o'clock a.m., 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 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, all of the estate, right, title and interest which the said Houston International Seamen's Center A/K/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 FILE FOR RECORD 8:00 AM JUN - 3 2W3 County clerk. Harris County, Tars ANT PVASM HEREIN WW-RFGTXTS THE SALE, RMIX, OR USE OF THE DEMED REAL PAGE 2 �E K-CW E F RACE 6 WALID AM WE1rFORCF�AE LWER FEDEIUL LAW. STATE OF TEXAS DEED UNDER ORDER OF SALE COUNTY OF FiARRIS CAUSE NO. 2002-21870 '"b*cb '#*ft`°`�"°""""�"Ri1ai6ef °°^tod*""dMOSIN moped pxem b► nc a� m d�RECOR"E^ `, Ik al&ii P�bfc Rxak aRrt PtKalr d Hriu CI I Y OF LA— - -- - ------ VS JUG! - 3 2003 HOUSTON INTERNATIONAL SEAMEN'S CENTER COUNTY CLERK * HAP.RIS 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 333`d 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 7-,W-k day of May, 2003. THE STATE OF TEXAS COUNTY OF HARRIS Bill Ballo Constable mct No 8 Harris County, Texas RECORDERS MEMORANDUM ALL BLACKOUTS, ADDITION$ AND CHANGES WERE PRESENT AT THE TIME THE !n!STRUt;,RNT WAS FILED AND RECORDED. 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. Given under my hand and seal of office, this // ' ", day of May, 2003. �lIJ.Yllllllllllllllllllll� 0 4 JODI L. KIMBALL ti9 " P& «®* NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES �?Eor JAN. 16, 2005 1 �lllllllllllll..r!lllllll� (� 6 X�_7�6 Public in and for The State of Texas a�..A*Oa°,r rep RESOLUTION NO.2010- 13 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 28`h day of June, 2010. CITY OF LA OR Daryl L nard, Mayor Pro-Tem ATTEST: u. Martha A. Gillett, City Secretary APP 11 OV /_ L Clark Askins, Assistant City Attorney EXHIBIT "A" Legal Description: BEING LOTS 3 AND 4, BLOCK 89, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP RECORD IN VOLUME 8, PAGE 16, MAP RECORDS OF HARRIS COUNTY, TEXAS. Minimum Bid: $3, 000.00. SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: 023-208-089-0003 Property Struck off for: CAUSE NO: 1999-12071 PLAINTIFF(S): City of La Porte & La Porte Independent School District JUDGMENT AGAINST: Young, Lucille etal JUDGMENT DATE: April 11, 2000 STRUCK OFF DATE: ORDER OF SALE: June 22, 2000 DEED RECORDED DATE: October 17, 2000 STRUCK OFF TO: CONSTABLE: Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS: 428 North Fifth Street LEGAL DESCRIPTION: Lots 3 & 4 Block 89 La Porte ADJUDGED VALUE (IN JUDGMENT): $14,300.00 SQUARE FOOTAGE: 6,250 BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT AMOUNT DUE: SUMMARY OF SALE ACTIVITY $3,000.00 $300.00 $2, 700.00 BIDDER'S ADDRESS: BIDDER'S PHONE NO: Value October 3, 2000 City of La Porte PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT JUDGMENT TO COUNTY, ET AL. II % SCHOOL % CITY % TOTAL AMOUNTDUEJ $4,482.011 24.01%1 $8,864.851 47.49% $5,318.98 28.50% $18,665.84 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES ESTIMATED AMOUNT AMOUNT OF COURT CONSTABLE/PUBLICATI AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST ON FEE (TISD) FEE DEED RECORDING FEE TAXES $3,000.00 $690.00 $470.00 $1,070.00 $250.00 $520.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $124.86 24.01% $246.96 47.49% $148.18 28.50% $520.00 Amount of Bid: $3,000.00 Costs: -District Clerk $640.00 -Tax Master $50.00 Chris Stacey -Constable Fee $0.00 -Publication $470.00 -Abstract Fee $250.00 -Cost $0.00 -Ad Litem Fee $1,070.00 Ronald Nelson Brown Total: $520.00 Taxing Jurisdictions: Amount in Judgment: % Amount Received City of La Porte $5,318.98 28.50% $148.18 La Porte ISD $8,864.85 47.49% $246.96 Harris County $3,810.66 20.42% $106.16 San Jacinto CCD $671.35 3.60% $18.70 State of Texas $0.00 0.00% $0.00 $18,665.84 100.00% $520.00 Costs + Taxes $21,145.84 Adjudged Value $ 14,300.00 P198 91�1 CustomC>AMA VebRDE Page 1 of 1 LAMA Detail Navigate Search uT �MR- Account #: 023-208-089-0003 NH Group: Property Use: I X1 I Governmental Exempt 20001 Ownershi : Neighborhood: #1 Owner Name %Own Role2164.011 LAPORTE 1 CITY OF LA PORTE 100% Owner Legal Description LTS3&4 BLK 89 LA PORTE Owner Address Site Address PO BOX 1115 428 5TH ST , LA PORTE, TX 77572-1116 LA PORTE New Owner Date: 1/1/2001 77571 AKA: Mail To: Summary I Appraised Alternate Cost I ` Noticed 2010 Summary Summary I Appraised Alternate Cost I ` Noticed 2010 Summary Primary Method: Notice Land: $10,000 Building: $0 XFOB: $0 New Construction: $0 Total Market: $10,000 Cap Reduction: $0 Total Appraised: $10,000 http://webrde.hcad.org/info.asp?strap=0232080890003&ty=2010 6/14/2010 Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced eai Property Account HCAD Account # : 0232080890003 Tax Year : 200011 Owner Name: CURRENT PROPERTY ONWER Ownership History... Owner Address : 428 5TH ST HOUSTON TX 77044-0000 Property Address : 428 5TH ST LA PORTE TX 77571 Legal Description : LTS 3 & 4 BLK 89 LA PORTE State Class Code : Al -- Real, Residential, Single -Family Homestead Exemption : -- Special Exemption : C -- Prorated Exemption Disabled Veteran Exemption(s) : -- Jurisdiction Codes : 020 040 047 071 Overlapping/Shared CAD : No Notice Date Capped Account : No 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 : TY2000Pre vious Change Appraised Value Market Value Land : 5,000 0 5,000 Improvement : 9,300 0 9,300 Ag/Tmbr/Spc : 0 0 0 Total Value : 14,300 0 14,300 14,300 5-Year Value History... Note: 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 HCAD Info Links News Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Improved Residential Property Data Account Number: 0232080890003 Location : 428 5TH ST Tax Year : 2000 View Main Screen Parcel ID : 20 - 00921.3 - 06.0 - 039.0 - 0 / 000 - 001 1 Card 1 Land Use : 101 -- Residential 1 Family CAMA Class : 11I1 -- Residential Improved Total Living Units : 1 Year Built : 1955 Style : Traditional Stories : 1 Living Area : 920 sq. ft. Bed / Bath : 2 / 1 full, 0 half Rec / Total Rooms : 0 / 4 Wood Fireplace : 0 Metal Fireplace : 0 Other Land Area : 6,250 sq. ft. Map Facet : 6254C Key Map : 540X Neighborhood : 2164.1 Exterior Wall : Asbestos Foundation : Crawl Space Heating / Air : None Attic : None Physical Condition : Fair Grade : D Status : Dwelling 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 F ■� ■Ir Al InAN N ao i I 1 11 j1; 1 I I I 2 /1I J SZLsFI �1 Qr L9Zi! $19i.13�T19Ti R ,133 IS M HINON Z000- R SZI szl Si z19zi RIST Iszl sz, szl Iszl S9I sZ1 z ,9T I9z 14Z1R 19z1R19Z 1921 Sz, 9z 1 1 I 1 I 1 1 i l l I I 1 1 1 1 1 I 1 1 I 1 I I OI ! �i 1 �I 1 m1 a? NI n� NI ir! 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DEM DEMOLITION Lien open date . . . . . . 5/03/93 Lien close date . . . . . Alternate lien ID . . . . 00839220 P210482 Press Enter to Continue. F2=address F12=Cancel O F F I C I A L' C 0 S T B I L L pp� _ Date: 06/23/00- Case Number: 9912071 Court: STYLE: CITY OF LA PORTE VS YOUNG, LUCILLE (HER HEIRS SUCCESSORS OR ASSIGNS OR Fees Due The fees Listed have been assessed according to state Law at time of assessment. Official records in my office show that the fees and costs are past due. NVOICE ------ FILE DATE --------- ASSESSED TO -------------------------------------------------- FEE --- SERVICE PERFORMED ------------------------------ AMOUNT DUE ----------- 16269 06-22-00 PERDUE,BRANDON FIELDER COLLINS&MOTT LLP 145 ORDER OF SALE 8.00 291 UNCERTIFIED COPIES 7.00 356 CONSTABLE FEE -TAX SALE 400.00 31637 03-11-99 CITY OF LA PORTE 100 FILING NEW CASE 45.00 450 JUDICIAL FILING FEE 40.00 199 RECORD PRESERVATION FEE 5.00 195 SECURITY SERVICE FEE 5.00 452 LEGAL SRVCS FEE-FAMILY/DIST 10.00 121 CITATION WITH 1 COPY 8.00 355 CONSTABLE FEE -TAX 60.00 Z2330 06-29-99 CALAME LINEBARGER GRAHAM & PENA LLP 102 FILING INTERVENTION 15.00 196 SECURITY FEE 1.00 452 LEGAL SRVCS FEE-FAMILY/DIST 10.00 '47875 10-18-99 SAN JACINTO COMMUNITY COLLEGE DISTRICT 102 FILING INTERVENTION 15.00 196 SECURITY FEE 1.00 452 LEGAL SRVCS FEE-FAMILY/DIST 10.00 ----------------------------------------------------------------------------------------------------------------------- BALANCE DUE: $640.00 PERDUE,BRANDON FIELDER COLLINS&MOTT LLP 415.00 CITY OF LA PORTE 173.00 CALAME LINEBARGER GRAHAM & PENA LLP 26.00 SAN JACINTO COMMUNITY COLLEGE DISTRICT 26.00 :HARLES BACARISSE DISTRICT CLERK ssued by: GILMORE, DUANE DEPUTY. :713) 755-5762 TOTAL OWED: $640.00 TAXABLE COST NOT ASSESSED BY DISTRICT CLERK'S OFFICE: ❑ TAX Al STER F E $50 PAYABLE TO: ATTORNEY ADLITEM FEES 16 7d B0 p PAYABLE TO: /1/1I� / M i CITY OF IA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT VS. LUCILLE YOUNG M4 STATE OF TEXAS COUNTY OF HARRIS SAN JACINTO COMMUNITY COLLEGE DISTRICT JUDGMENT § IN THE DISTRICT COURT OF § L'4 § HARRIS COUNT�,►7E�S § •tL r_ G l) ~ § 55TH JUDIC 3DIST Scr " § '�= On April 11, 2000, this cause being called in its regular order, came the Plaintiff Taxing Unit(s) whether Plaintiff(s), Intervenor(s) or Impleaded Plaintiff(s), to wit: CITY OF LA PORTE LA PORTE INDEPENDENT SCHOOL DISTRICT (LA PORTS 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 CCD) The defendants are as follows: LUCILLE YOUNG: has filed an answer through a Court appointed attorney and was given notice of the Trial date. Said cause coming on for trial and no jury having been demanded, all parties ItIECOROQR's MIIMORA ID" 7hia Inalraswant is of �o�r gwlity M W rA satiet"Wrtw ihehs*ap= reauristtsn; anfwar ~owns word pr•sant at taa tiraa at Imaging V announced ready. All matters of controversy, both of fact-an4-ofiaw, were sutInitteAc--t- ---- -- the Court. The Court, after considering the pleadings, evidence, and arguments of counsel, grants judgment as follows; IT IS ORDERED that the Plaintiff taxing units recover of and from the Defendant(s),as indicated below, the total sum of money due for taxes, penalties, interest, attorney fees, title research fees, and costs, which claims are secured by tax liens against the property hereinafter described, for which let execution issue; provided, however, that no money judgment is granted against any defendant which is designated as IN REM ONLY, TRACT 1. BEING LOTS 3 AND 4, BLOCK 89, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP RECORD IN VOLUME 8, PAGE 16, MAP RECORDS OF HARRIS COUNTY, TEXAS. Account No. 023-208-089-0003 Adjudged Market Value: 14300.00 TRACT 1 TAX YEARS Delinquent Base Tax Penalty & Interest 33.48 Atty's Fee Title Research Total CITY OF LA PORTE 197E - 199E $1950.30 $3230.40 S250.00 S543120 LA PORTE LSD 119M - Im $3400.74 S5143.93 SE544A7 HARRIS COUNTY M9 '-10N S 1511.1 L S -1 S 31 ,, S '—' s3 6 M91 SAN JACINTO CCD Wr S S S 167 Sr S 0 S S S S S S S S $ S IT IS ORDERED that in addition Plaintiff taxing unit(s) recover of and from the Defendant(s), as indicated above, the 1999 base tax, as indicated in the tables below. In addition, beginning February 1, 2000, Plaintiff taxing unit(s) shall also recover of and from Defendant(s) penalties, interest and attorney's fees as shown below. The amounts set forth below reflect the cumulative total due on the first day of each month shown below. _ 1999 Base Tax February 2000 March 2000 April 2000 May 2000 June 2000 July 2000 MY OF LA PORTE FIA SWIMS124.93 S127.27 $129.60 S131.94 S13427 S137.78 PORTE ISD S235.95 $29+0.34 $295t.7/6 $301.19 5306.62 $312.04 S320.18 HARRIS COUNTY S q ?, � � S 114, 01 s j 1 Gr l s) i�, �r}�t �?A u 22;Z S 12S.i SCAN JACINTO CCD S / , S' S ---� 01 S S S S $ S S S S S S $ 1 S S S $ S- IT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendant(s) interest at the rate of one (1%) percent per month or portion of a month on the base tax amount for the 1998 and prior tax years from May 1, 2000 until paid, and interest at the rate of one (1%) percent per month on the 1999 base tax amount from August 1, 2000 until paid. IT IS ORDERED, that CITY OF LA PORTE have and recover from the Defendants $2,800.00 with interest at the rate of ten (10) percent per annum, for DEMOLITION Lien(s), which shall be satisfied from the excess proceeds of the sale, if any. IT IS ORDERED that the Plaintiff taxing unit(s), do have and recover from the Defendant(s), all court costs that have been, and will be incurred in the prosecution of this cause. All costs of court shall be paid by the Defendant(s), for which let execution issue. 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 this case. IT IS ORDERED that the following taxing units, having been joined herein but having failed to plead and prove their claims for delinquent taxes on the above described real property, shalt have their tax liens on such property extinguished for all delinquent taxes due, as of the date of this judgment, pursuant to the provisions of Section 33.44 of the Texas Property Tax Code, to wit: NONE V -- IT IS --DER -lien-against-each-of-against-each of O-RR-tracts-of-land-,ee-ur-es- the payment of all taxes, penalties, interest, abstractor's fees, attorneys fees, and costs of court, attributable to each of said tracts. Such tax Iien(s) are prior and superior to all claims, right, title, interest, or lien(s) asserted by any Defendant(s) herein. Plaintiff(s) shall have foreclosure of said tax lien(s) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said Defendant(s) by any right, title or interest acquired during the pendency of this suit. Further, said property is ORDERED SOLD in satisfaction of the amount of the judgment. The clerk of this court is directed to issue an order of sale, commanding that the Sheriff or any Constable of the State of Texas seize, levy upon, advertise for sale, and sell said tracts of land to the highest bidder for cash, as under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code. IT IS ORDERED that the property may be sold to a taxing unit that is a party to the suit or 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 market value of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall belong and be distributed to all taxing units which were parties to this suit and which have been adjudged to have tax liens against said property, pro rata and in proportion to the amounts of their respective tax liens as established in this judgment. IT IS ORDERED that the Tax Collector of the Plaintiff and Intervenors may provide to the officer conducting the sale, a certified tax statement showing the amount due the taxing unit as of the date of the proposed sale, and such officer may rely on such statements and may not be held liable or responsible for the accuracy of the applicable portion of the caluclation. �-- - Ab�"u b b�§Akb- + � yes n `thy c � o . " bL or a�r� •� t n CST' orn , nd Xr oY nc� h�ln, � 6 - 1- e Gts eo ---- � S-ORDERED-d at —my -excess in�he proceeds-o€sate-mu-above- the-amou-n"teessarJ+ --- 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 said property, shall be paid to the clerk of this Court and be retained by said clerk for disposition to any parties legally entitled to such excess in accordance with the terms and provisions of the Texas Property Tax Code. IT IS ORDERED that the clerk of this court shall issue a writ of possession to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns within 20 days after the purchaser's deed is filed for record. IT IS ORDERED that this Judgment is all things without prejudice to the authority and power of Plaintiff Taxing Unit(s) to hereafter levy and collect taxes or to maintain a suit or suits to enforce and recover any taxes for the 2000 tax year and/or subsequent tax years on the property herein described. IT 1S ORDERED that all parties heretofore named in any pleadings filed by any party and not included in this judgment, and any property set out in previous pleadings but not included in this judgment, are hereby dismissed without prejudice to the right to refile their claims. Any relief previously requested and not herein granted is expressly denied. IT IS ORDERED that for all the above recovery, let execution issue. Signed this the rr ' Si gn {?/ day of , 2000. DGE PRE DING — — APPROVED -IS -TO -FORM: -- -- --- - - PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. RRY G. WISEMAN SBOT #21816500 JASON L. BAILEY SBOT #00790253 JENNINE Y. HOVELL-COX SBOT #24002313 2600 Citadel Plaza, Suite 500 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 FAX LINEBARGER, HEARD, GOGGAN, BLAIR, GRAHAM, PEN & SAMPSON LLP. By: _ ISNKAJ R. PARMAR SBOT #00792098 ADELE MOHMAND SBOT# 24013179 1021 MAIN, SUITE 1500 HOUSTON, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX DANIEL J. SNOO TTY FOR SAN JACINTO CCD S OT# 11550 FUG A 0 HOUSTO , TEXAS 77034 281/484-8400 281/484-2860 FAX RONALD N. BROWN/ATTY AD LITEM 1004 CONGRESS AVE. 3RD FLOOR HOUSTON, TX 77002 713/224-0422 V — CERTIFICATE WSERi1CiK----- -- L TERRY G. WISEMAN/JASON L. BAILEY, JENNINE Y. HOVELL-COX do certify that a true. and correct copy of the above and foregoing instrument was served upon all parties in accordance with Rule 21(a) T.R.C.P. J"RRY A EMN SON L. BAILEY JENNINE Y. HOVELL-COX U6823ZO 01 THE STATE OF TEXAS } COUNTY OF HAMS } Know all men by these Presents: 535--2 4-- 1 6G DEED UNDER ORDER CF SALE 10/17/00 300459e62 U682320 f12.03 THAT WHEREAS, by virtue of a certain order of sale in Tax Suits issued out of the 55th Judicial District Court of Harris County, Texas, in Cause No. 1999-12071 on the 23rd day of June, 2000, in favor of City of La Porte, La Porte Independent School District (La Porte ISD), e Harris County, Harris County Education Department, Port of Houston of Harris County l � Authority, Harris County Flood Control District, The Harris County, Hospital District (Harris County), San Jacinto Community College District (San Jacinto CCD), and against Lucille Young on a certain judgment and decree of sale, rendered on the 12th day of April, 2000, 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, I, BILL BAILEY, Constable Precinct No. 8, of Harris County, Texas, did, upon the 8th day of August, 2000 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 first of said publications appearing not less than twenty days immediately preceding the day of the sale; and 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, original survey, locality in the county, and the name by which the land is most generally known. I also mailed to Lucille Young of the above named defendant a notice of the sale, directed her at her last known address. On the first Tuesday in October, 2000, same being the 3rd day of October 2000, between the hours of ten o'clock a.m., 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 Courthouse 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 taxing units that established tax liens in Cause No. 1999-12071 in the 55th Judicial District Court of Harris County, Texas, for the amount of taxing 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 the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 1999-12071 in the 55th Judicial District Court of Harris County all of the estate, right, title and interest which the said Lucille Young had on the 3rd day of October, 2000, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: Lots 3 and 4, Block 89, in the town of La Porte, Harris County, Texas, according to the Map Record in Volume 8, Page 16, Map Records of Harris County, Texas EED UNDER ORDER OF SALE I _ --CAGE 2 �i---- CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT (a) VS. LUCILLE YOUNG �D- 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 taxing units that established tax liens in Cause No. 1999-12071 in the 55th Judicial District Court of Harris County 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 Testimony Whereof, I have hereunto set my hand, this 4 day of October, 2000. THE STATE OF TEXAS } COUNTY OF HARRIS } Before me, Carolynn C. Loftin, a notary public in and for The State of 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. Given under my hand and seal of office, this /�-41day of October, 2000 CAROLYNN C. LOFTIN l� NOTARY PUBUC, STATE OF TEXAS 1 / MY COINMISSION EXPIRES JAN. 19, 2002 IN Notary P1,Ac in and for Th State of Texas Perdue, Brandon, Fielder, Collins & Mott 2600 Citadel Plaza, Suite 500 Houston, Texas 77008 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 28, 2010 / Fiscal Affairs Committee Requested By Department: Report X Resolution: Ordinance: Exhibits: Exhibits: Belt Harris Report Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Fiscal Affairs Committee is recommending Belt Harris Pechacek as the auditing firm to conduct the forensic audit of the Town Plaza Project. The estimated expenditures of the audit will not exceed $20,000.00. If approved by Council, the Fiscal Affairs Committee will meet with them to further discuss the scope of the project and pinpoint all expenditures associated with this audit. An+ice, V.--A }.., r.....,..;1. Affairs Committee's recommendation. Pitypt MR OU But 1. ULL11C11 t1 Cllun ,�A,c t 6 aq to Ron Bottoms y Mana er Date AQuas V SK^RP B�Lr HARRIS Houston • 730 N. Post Oak Road, Suite 401 •Houston, Texas 77024 • (713) 263-1123 phone Bellville • 6100 Windy Hill Lane • Bellville, Texas 77418 • (979) 865-3169 phone Austin . 100 Congress Avenue, Suite 2000 Austin, Texas 78701 • (512) 381-0222 phone We are pleased to submit this proposal for professional auditing services. Belt Harris Pechacek is standing by to help you with all of your attestation needs. June 15, 2010 Fiscal Affairs Committee City of La Porte, Texas: Thank you for the opportunity to submit our qualifications for the special purpose audit of the City of La Porte (the "City"). Belt Harris & Associates has recently merged with John Pechacek, CPA of Bellville, TX, significantly increasing our audit capabilities within the local government sector. We believe that Belt Harris Pechacek is the perfect firm to perform the special purpose audit of the City as outlined below and as further supported by the balance of this proposal document. DirectAccess to Knowledgeable Decision Maker As the City's proposed Engagement Partner, Stephanie Harris, CPA, will be onsite working with your management team on any significant audit decisions. This is in stark contrast to other firms who have multiple layers of managers and partners who are typically located in an out of town or out of state office, without face to face time spent directly with the client. This accessibility and ability to make decisions combined with her personal public accounting experience regarding special purpose audits for city clients makes Belt Harris Pechacek a strong choice for your audit team. To solidify the City's confidence in our team's capabilities, we have included a section of this RFQ that addresses each member's background. The special audit experience of Stephanie Harris, CPA is listed on page 9 of this document. Certified Fraud E_vaniiners As a service for our special project audits, we make an effort to compose a team with a minimum 20% makeup of Certified Fraud Examiners (CFE). These staff members are licensed through The Association of Certified Fraud Examiners (ACFE), the world's largest anti -fraud organization and premier provider of anti -fraud training and education. As members of this organization, our firm has access to exclusive publications, timely and practical anti -fraud training, and targeted educational events that increases our team's awareness of potential fraud within a government agency. Our fraud team makes a consistent effort to apply cutting -edge knowledge to potential real -life fraudulent activity 100% of the time, and we can ensure that you are receiving a thorough investigation of practices by engaging Belt Harris Pechacek. The proposed audit team for the City includes a licensed CFE for the Senior Auditor and In -Charge Auditor position. b crq CD c �i. 0 CD aL z 0 0 CD a. k n !u CD n 0 Partners PartnerofCou 1 Houston l3cllvlllc Austin All offices Governmental Robert Mt, CPA Juhn R. Pechacek, CPA 730 N. Post Oak Rd., Ste.401 6100 Wordy Hill Lane 100 Congress Ave., Ste.2000 nsu-te—audlmrs.aml %aUdlt Quality Center Stephanie L. Hands, CPA Houstoq"hX 77024 l3clh•ille, TX 77418 Ausrin,TX 78701 infoC'txuuditnrs.ann five ME Tune!, ComlVetion of the Audit As a part of our performance standards, which are disclosed to every client at the beginning of each engagement, Belt Harris Pechacek ensures a report is issued within 15 business days of the completion of field work. It is our goal to hold ourselves to the highest standard in order to meet the needs of our clients. We are committed to completing your audit in a timely manner so that your information is provided while it is still fresh on your mind and relevant to your decision -making. Unique Philosophy At Belt Harris Pechacek, we recognize the importance of details. Our goal is to go above and beyond your expectations. We continually evaluate our processes and equip all staff with the newest and fastest techniques and technologies to ensure we are performing at our highest efficiency. We cant' this same philosophy to our review of our clients' operations, always being mindful of the best practices and communicating our observations. From this proposal to your final audit, and all of the steps in between, you will recognize our thoughtful attention to details in a unique manner. In short, we are confident in our ability to provide you with unparalleled auditing services. We would be delighted to provide the audit services of the City, and we look forward to the opportunity to work with you. As always, we welcome your questions, so please feel free to contact me or any member of our staff. Sincerely, aul�� Robert Belt, CPA, Managing Partner Belt Harris Pechacek, LLLP CITY OF LA PORTE CERTIFICATION BY RESPONDENT City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned respondent further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281-470-5126. If undersigned respondent is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the submittal, or non-compliance with said ordinance, shall be just cause for rejection or disqualification of submittal. P3The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: Belt Harris Pechacek, LLLP 730 N. Post Oak Rd., Ste. 401 Address: Licmcton_ TX 77024 \� Printed Name: Robert Belt, CPA Authorized Signature: Date: June 15, 2010 3 } i a Technology plays a vital role in the service, quality, and value that we provide to our clients. Our auditors areprepared with advanced mobile Offices allowing them to completefield work more efficiently. �r p r .. J� OVERVIEW Our firm audits governments exclusively and operates from three locations, an office in Austin, Bellville, and Houston, Texas. Consequently, we audit large entities relative to our total staff size. This sole focus enables us to structure our firm in a way that provides increased value to our audit clients by allowing our staff to gain concentrated experience. By electing to exclusively serve the needs of governments, we built a reputation of excellence and our firm has maintained a 20% average annual growth rate in new clients, while maintaining one of the highest client retention rates in the industry. We have accomplished this by focusing not only on a specific market segment (government audits) but also on quality clients and exceptional team members for our firm rather than on quantity. A listing of our clientele and contact information is included in the experience section of this proposal. EXPERIENCED STAFF The government experience level of our audit team is unsurpassed, as they are strictly dedicated to this task. Normally, this concentration of talented and experienced personnel could only be found in a finn of400+ employees but we have found that we can provide the best service, at the lowest possible rate to our clientele, by concentrating our technical and other resources in one area, without the demands of a corporate audit or tax season. After only one year of working for Belt Harris Pechacek, new staff auditors will have expended 100% of their chargeable time to this area. Contrasted to other firms that will put staff on multiple unrelated projects, our clients benefit from exceptionally skilled auditors. We surpass the government audit capabilities of considerably larger firms. Our staff's knowledge, understanding, and ability to audit a government are unmatched. We attract and retain staff by promoting family values and frowning on excess overtime. The lack of a "tax season" helps ensure our staff stays fresh and focused on auditing 100% of the time. ELEMENTS OF THE BELT HARRIS PECHACEK SEAL OF EXCELLENCE Tie monument symbolizes our sole dedication to Texas governments. The leaves represent our continued pursuit of excellence. The lone star represents independent attestation without compromise. The ribbon represents unwavering blue ribbon customer service. The seal represents our commitment to uphold professional standards. Combined, our seal represents the core values of our firm. 5 YOUR EXPERIENCED AUDIT TEAM Our commitment to serving our government clients is reflected in the caliber of our personnel. Our staff is highly trained and dedicated to serving you. Our staff can offer your organization a new perspective. Our government and nonprofit focus provides us with clearer vision and a comprehensive understanding of your needs. We pride ourselves on having the most courteous auditors who will respect your staff and work environment while being the very best at what they do — auditing governmental entities. We have an unmatched audit team to serve you, and we pledge that if changes to our lineup become necessary, their replacements will be equally qualified and experienced. The proceeding pages provide details regarding experience for the individual team members that are listed in the chart below. CITY OF LA PORTED TEXAS AUDITTEAM BELT HARRIS PECHACEK, LLLP MANAGING PARTNER & CONCURRING REVIEW DIRECTOR ROBERT BELT, CPA ENGAGEMENT PARTNER STEPHANIE HARRIS, CPA ENGAGEMENT MANAGER TRAY MOSES ENGAGEMENT SENIOR AMANDA WILBERT, CFE IN -CHARGE AUDITOR SCOTT KOHLER, CFE ADDITIONAL AUDIT SUPPORT BELT HARRIS PECHACEK AUDIT AND ADMINISTRATIVE TEAM N. EXPERIENCE: Managing Partner Belt Harris Pechacek, LLLP' Cert�fied Public Accountants July 1999 to Present Senior Manager White Petrov McHone (now BKD) Cert�6ed Public Accountants February 1997 toJuly 1999 Partner Lairson, Stephens & Reimer, LLP. (formerly Earl Lairson & Co., now Null Lawson) Cert�fied PublicAccountants January 1989 to February 1997 EDUCATION: Bachelor of Business Administration Stephen F. Austin State University December 1988, Accounting Major ACCOMPLISHMENTS: Recipient of the AICPA's Certification of Educational Achievement in Financial Audits Serve on Government Finance Officers Association (GFOA) Special Review Corrunittee Speaking engagements: Audit and Budget Process Texas Association of Appraisal Districts Compilation and review procedures NCCP.4P Compilation and reviewprocedures update NCCPAP Financial statement disclosures NCCPAP Introduction to Accountingfor Cities ARTICLES PUBLISHED "I Rotate My Tires, Should I Do the Same with My City's Auditors", The Texas Municipal League Official Publication Oct 2006; The Municipal Maryland League Official Publication April 2007 ROBERT BELT, CPA o EXECUTIVE SUMMARY: • 20 years public accounting audit experience • Clientele of over 75 mid size to large government and nonprofit entities • Named partner at age 29 (with only 8 years experience) • Over 900 financial statement audits* • Over 100 special projects related to fraud, allegation inquiry, revenue enhancement, and operational review* • Over 130 single audits and yellow book audits* • Over 120 GFOA award winning reports* • Recipient ofAICPA's Certificate of Educational Achievement in audits of governments • Reviewer in GFOA's Certificate of Achievement in Excellence in Financial Reporting program (special review committee) *prepared or reviewed SPECIAL PROJECTS PERFORMED (PARTIAL LIST): RACIAL DISPARITY STUDY Evaluated racial disparity in the issuance of citations to motorists and the resulting arrests. This study was prompted by an unfavorable article that appeared in the Houston Chronicle. The report issued outlined deficiencies in the way in which data for the article was gathered and disproved the assertions made in the article with regard to racial biased arrest. CITY MANAGER PURCHASES Investigated unusual purchases made by management under allegations of improprieties. OFFICIAL MISCONDUCT OF PUBLIC OFFICIALS Testified regarding audit findings resulting in the successflrl prosecution of the Finance Director and Mayor. MISAPPROPRIATIONS BY UTILITY CLERK Conducted detailed review of utility collections resulting in the resignation of the billing clerk and restitution to the City of misappropriated funds. INTERNAL CONTROL REVIEW Performed detailed analysis of the internal controls and prepared a complete policy and procedures manual. INTERNAL AUDIT FUNCTIONS Conducted a tum-key project to develop and implement an internal auditing function in a rapidly growing city. CAPITAL ASSET SYSTEM Constructed a detailed database of ail capital assets complete with bar code reading software (over 15,000 items). CAPITAL ASSET INVENTORY SERVICE PROCUREMENT SERVICE Assisted numerous entities in procuring services for capital asset inventory, preparing RFPs, reviewing bids, negotiating reduced fees, and verifying work perfonned. CASH AND INVESTMENT MANAGEMENT SYSTEM Designed turn -key cash and management system complete with cash forecasting models and policy and procedures manual for a $30,000,000 portfolio. PUBLIC FUNDS INVESTMENT ACT Wrote and updated numerous investment policies and procedures in compliance with PFIA. LANDFILL MARKET ANALYSIS Performed final review and acted as liaison in a special marketing analysis for a county (client) owned landfill. MUNICIPAL COURT CLERK RETIREMENT Performed agreed upon procedures for the municipal court to ensure the proper handling of transactions up to the Court Clerks' retirement, per the request of the municipal court clerk. INVESTIGATION OF ALLEGED IMPROPRIETIES — POLICE DEPARTMENT Performed detailed investigation of eight alleged improprieties regarding the police department's operations. ' li,m;cdv openatLt Bcll H:u i,,c A>.,ociures, LLLP RECOVERY OF CONSULTANT FEE Recalculated a consultant fee in accordance with contract terns and negotiated a S 1,000,000 recovery to the client. DRUG FORFEITURE CASH ACCOUNT Reviewed compilation and handling procedure of drug forfeiture cash account. REVIEWED RISK ASSESSMENT PROCESS Conducted a study of the risk assessment process of the appraisal operation for an organization with a $50,000,000 operating budget. MUNICIPAL COURT OPERATIONS REVIEW Reviewed the operations of municipal court resulting in significant revenue enhancements to the City and increase in efficiencies and management control. SALES TAX ALLOCATION TESTING Performed numerous tests of the Comptrollers' allocation of sales tax to jurisdictions resulting in significant recoveries to clients. HOTEL/MOTEL TAX AUDITS Performed numerous tests of hotel/motel tax submissions. CITIZEN SURVEY CONIPILATION AND ANALYSIS Compiled and summarized four separate surveys consisting of approximate 3,000 responses per survey. RATE STUDIES Performed numerous water and waste water rate studies. FUND BALANCE STUDIES Performed detailed study and report on optimum fund balance amounts for operating and debt service funds for numerous entities. CLIENTS SERVED: Cities City ofAlvin City of Baytown City of Bellaire City of Bunker Hill Village City of Clear Lake Shores City of Conroe City of Crocket City of Dayton City of El Lago City of Friendswood City of Galena Park City of Goodrich City of Hedwig Village City of Hilshire Village City of Hunters Creek City of Humble City ofJacinto City City of Katy City of La Porte City of League City City of Mont Belvieu City of Nassau Bay City of Nederland City of Onalaska City of Pasadena City of Pearland City of Piney Point Village City of Seabrook City of Shenandoah City of Spring Valley Village City of South Houston City of Splendors City of Sugar Land City ofTaylor Lake Village City of Waller City of Webster City of West Lake Hills City of West University Place Village of Bear Creek Cities City ofAlvin City of Baytown City of Bellaire City of Bunker Hill Village City of Clear Lake Shores City of Conroe City of Crocket City of Dayton City of El Lago City of Friendswood City of Galena Park City ofGoodiich City of Hedwig Village City of Hilshire Village City of Hunters Creek City of Humble City ofJacinto City City of Katy City of La Porte City of League City City of Mont Belvieu City of Nassau Bay City of Nederland City of Onalaska City of Pasadena City of Pearland City of Piney Point Village City of Seabrook City of Shenandoah City of Spring Valley Village City of South Houston City of Splendors City of Sugar- Land City of Taylor Lake Village City of Waller City of Webster City of West Lake Hills City of West University Place Village of Bear Creek Other governmental audits managed or in which technical review was performed: City of Brookshire Brookshire Municipal Utility Dishict City of Hillcrest County of Galveston City of Manvel Fort Bend County City of Rosenberg Oak Ridge North EDC City of Oak Ridge North Rosenberg Development Corp City of Wallis Town of Beasley Other Governmental Units Alabama -Coushatta Econ. Dev. Auth, Alabama -Coushatta Indian Housing Auth. Alabama -Coushatta Tribe of Texas Angelina and Neches River Authority Austin County Juvenile Probation Dept. Baytown Area Water Auth. Chambers County Appraisal District Grimes County Gulf Coast Waste Disposal Authority Harris County Appraisal District Harris County MUD 50 Harris Co. W.C.I.D. Fondren Road IAH Public Facility Corporation Lakeview Police Department La Marque Economic Dev. Corp. La Porte Economic Dev. Corp. Liberty County Lone Star Groundwater District Memorial Villages Police Department Montgomery County NIUD No. 2 Northwest Han -is Co. MUD No. 19 Pearland Industrial Dev. Corp. Polk Central Appraisal District Polk County San Jacinto County San Jacinto County Headstr Shenandoah Economic Dev. _p. Sugar Land Economic Dev. Corp. Sunbelt FWSD Tyler County Upper Kirby Management District 258th Judicial District Adult Probation 258th Judicial District Juvenile Probation Participation in nonprofit engagements includes: Armand Bayou Nature Center The Living Bank International Braeswood Assembly of God Neuhouse Education Center Boy's and Girl's Country Onalaska Water Supply Corporation Conroe Vol. Fire Department Pensic Fund Spring Branch ISD Education Foundation First Baptist Church of Katy Star of Hope Harris County Mayors' and Council: Association Texas Paralyzed Veterans Association Katy Vol. Fire Department Thyroid Society League City EMS U.S. Africa Energy Associar.. League City Vol. Fire Department EXPERIENCE: Partner Belt Harris Pechacek, LLLP Certified Public Accountants September 2004 to Present CityAccountant City of Clear Lake Shores, Texas December 2002 to August 2004 EDUCATION: Bachelor of Business Administration University of Houston Clear Lake December 2003 Accounting, Cum Laude PROFESSIONAL ORGANIZATIONS: Government Finance Officers Association, member since September 2004 Association of Certified Fraud Examiners, member since May 2007 American Institute of Certified Public Accountants, member since January 2009 Texas Society of CPA's, member since January 2009 STEPHANiE E. HA RIS, CPA EXECUTIVE SUMMARY: Since joining the firm in 2004, Stephanie has obtained her license as a Certified Public Accountant and has been promoted from Senior Auditor to Audit Manager to Partner. She is currently in the process of obtaining her certification as a Certified Fraud Examiner. She has over 50 governmental audits, many of which received the GFOA Certificate of Reporting Excellence. Special projects include a fraud investigation and compliance analysis with the Texas Commission on Environmental Quality (TCEQ). Prior to joining the firm, she worked as the City Accountant for the City of Clear Lake Shores. While with the City, she was able to recover over S100,000 in misappropriated sales tax and franchise revenues. SPECIAL PROJECTS: INVESTIGATION OF ALLEGED FRAUD WITHIN CITY ENTITY Reviewed concerns related to the City's financial operations and compliance with laws and regulations; obtained understanding of certain related party transactions, as well as, compliance with laws and regulations in relation to certain contracts. INVESTIGATION OF ALLEGED FRAUD - MUNICIPAL COURT Conducted detailed review of municipal court collections, determined misappropriations had been made, and outlined methods employed. SALES TAX Performed detailed review of sales tax records maintained by the Texas Comptroller's Office which resulted in significant recoveries of misappropriated sales tax dollars for: • City of Baytown • City of Galena Park • City of Hilshire Village • City of Pasadena COMPLIANCE ANALYSIS WITH TCEQ Performed compliance analysis on calculations made by Polk County to demonstrate compliance with the Texas Commission on Environmental Quality's (TCEQ) local government financial assurance test as outlined in Title 30 of the Texas Administrative Code Section 37.271(5) for its municipal solid waste facility for the last three years. CLIENTS SERVED: Cities City of Angleton City of Baytown City of Bellaire City of Bunker Hill Village City of Clear Lake Shores City of Dayton City of El Lago City of Galena Park City of Hedwig Village City of Hilshire Village City of Hunters Creek Village City of Jacinto City City of League City City of Magnolia City of Mont Belvieu City of Nassau Bay City of Onalaska City of Oak Ridge City of Palestine City of Piney Point Village City of Pasadena City of Seabrook City of South Houston City of Splendora City of Spring Valley Village City of Webster City of West Lake Hills City of West University Place City of Taylor Lake Village City of Tomball City of Waller Village of Bear Creek ' IDmurty �prrai.il a. Bch H:vri. R.�— �cwt., LLLP CLIENTS SERVED (CONT.): Counties Leon County Chambers County Grimes County Polk County Liberty County San Jacinto County Other Governmental Units Alabama- Coushatta Tribe of Texas Alabama- Coushatta Benefits Plan Baytown Area Water Authority Chambers County Appraisal District Gulf Coast Waste Disposal Authority Harris County Appraisal District Harris County Mayors' and Councils' Assoc. Harris County MUD #50 Harris County W.C.I.D. Fondren Road Lakeview Police Department Living Bank International Memorial Villages Police Department Montgomery County ESD 7 Polk Central Appraisal District Texas Southern University Texas Paralyzed Veterans U.S. Africa Energy Association 10 ADDITIONAL EXPERIENCED TEAM SENIOR MANAGER Tray Moses • 19 years government and non-profit audit experience • More than 200 yellow book/single audits • More than 500 governmental audits with approximately 400 school district audits • Approximately 20 non-profit audits • Approximately 40 agreed upon procedures engagements • Current Treasurer - Austin County Go Texan Committee • Past Treasurer - Bellville Chamber of Commerce • Past Treasurer - Austin County Fair Board • More than 7 years experience as an Audit Manager SENIOR AUDITOR Amanda S. Wilbert, CFE • 3 years of public accounting audit experience • Bachelor of Science in Accounting & Forensic Accounting • Graduate of Edinboro University of Pennsylvania • Summa Cum Laude • Candidate for Certified Public Accountant • Certified Fraud Examiner IN -CHARGE AUDITOR Scott Kohler, CFE • 4 years of Accounting Experience • Bachelor of Science in Accounting • Graduate of the University of Houston Clear Lake • Candidate for Certified Public Accountant • Certified Fraud Examiner 11 BELT HARRIS PECHACEK, LLLP Certified Public Accountants HOUSTON 730 NORTH POST OAK ROAD, SUITE 401 HOUSTON, TEXAS 77024 (713) 263.1123 PHONE (713) 263.1550 FAx BELLVILLE 6100 WINDY HILL LANE BELLVILLE, TX 77418 (979) 865.3169 AUSTIN 100 CONGRESS AVENUE, SUITE 2000 AUSTIN, TExAs 78701 (512) 381.0222 Governmental and Nonprofit Audits Sealed with Excellence 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28, 2010 Requested By: Stephen L. Barr Department: Parks & Recreation Report: X Resolution: Ordinance: Exhibits: Proposals — VDW & V, B&B Exhibits: Cost Estimates - VDW & V, B&B Exhibits: Appropriation Source of Funds: N/A Acc't Number: Amount Budgeted: Amount Requested: YES SUMMARY & RECOMMENDATION The Sens Road/Bay Area Boulevard expansion from Spencer to SH 225 is currently under design by Harris County, with City of La Porte participation. This roadway is also on the City's Bicycle -Pedestrian Master Plan for pedestrian and bicycle access as a continuation of the Bay Area Boulevard Trail that is currently under construction. Harris County does not provide sidewalks or other pedestrian -bicycle access as a part of its roadway provision services. Staff met with Hams County and the two engineering firms, Van de Wiele & Vogler, and Binkley & Barfield that are currently designing segments of the project, to determine the feasibility of adding this portion of the trail system to the design scope of work. The firms have submitted proposals that both the City and Harris County have deemed are reasonable to add the additional pathway to the project in the amount of $39,707. By adding the pathway to the base design for the roadway, it will be much easier to get the pathway in place, than to wait until the roadway is built then try to retrofit it, as was done with the Bay Area Boulevard segment. The construction cost estimates are included for your review for this project in the amount of $232,932., The estimates are in line with the costs associated with the costs for the San Jacinto Pathway project, which is of similar length. This project, if approved, would be placed in the FY 2010-2011 Capital Improvement Budget for the upcoming year, pending approval of the proposed Interlocal Agreement. Staff is recommending that we move forward with an Interlocal Agreement with Harris County to include the cost of design and eventual construction of the bicycle -pedestrian pathway as a part of the road improvements to the Bay Area Boulevard/Sens Road project. The Interlocal Agreement would be presented to the City Council for approval prior to any work moving forward. Receive report and give staff direction regarding inclusion of a bicycle -pedestrian pathway in the ad/Bay Area Boulevard road improvements project. Ron Bottoms, City Manager Lw Date 4 Binidey I'A, &Bairfield consulting engineers Mr. John Blount, P.E. Director Harris County Public Infrastructure Department 1001 Preston Avenue, 7th Floor Houston, Texas 77002-1893 Attention: Mr. Scott Owen, P.E. 1710 Seam ist Drive Houston, TX 77008 713.869.3433 1713.869.6702 Fax Houston !$ Dallas/Fort Worth I Austin January 26, 2010 Re: Sens Road from 300 Feet North of Spencer Highway to North of "H" Street PIN Cl/102/1002/005; APIN 02102 00008; Agreement for Engineering Services dated 12/10/2002 with Amendment No. I dated June 20, 2006, Amendment No. 2 dated March 6, 2007 and Amendment No. 3 dated October 19, 2009. Dear Mr. Owen: Following the County's directive to proceed with City of LaPorte sidewalk additions, Binkley & Barfield, Inc. is requesting Authorization for the Additional Services designated below which are associated with these Final Design revisions. Additional Amounts A Plan Revisions (BBI) $22,323.00 B Enviromnental Services (Crouch) N/A C Drainage Analysis (RG Miller) N/A D _ Surveying (Baseline) N/A E Geotechnical (PSI) — HCFCD Approval N/A Total $22,323.00 Further details on the services is shown on the attached sheets. It is a pleasure to serve Harris County on this very important project and if there is any further information needed, please let me know. JLS:gjc Attachments Sincerely, INKL Y & BARFIELD, INC. onsul ng gi s el L. Schramm, P.E. ice President F:A02301\SA#02\C2 Vaughn 20100126.doc LU 0 U) LU I-- w 0 0- LL 0 0 0 LL 00 ❑ z —j a. 0 w LU LLJ w 0 I-- LLJ F- Q) ui 0 0 0 0 0 0 0 0 0 0 (D 0 0 0 0 oo M r 'It NN CO (D M6 0 — 6 0 6 0 6 t— (6 CD Lf) 'ITV 4 cli N 0 t W 14 (0 (D W W Lo M — M M to CO -: - z (,'> L6 - Csi 0 in to V) w to C4 W3, 0 _3 iR c 0 z O 0 C) ) 4 qO " U-) 0 u ua O 0 M:3 CL 0 (D N -It 0 t LO C�j — N — m — N Lr) Cl) 00 LO 0 o E LLI Ln :3 C) 0 C14 CO (0 o4 co (0 CD 0 (0 OC) 00 00 CN N 41 Q. 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Ln M u) Or LL) Ln MOONMv to u'7'. O O c0 O 0 LO o O w r w WM O h PRELIMINARY ESTIMATE Shared Pathway for City of La Porte Parks Department Within Project Limits of Sens Road from 300 Ft. North of North H Street to SH 225 Harris County Public Infrastructure Department -- Architecture and Engineering Division PIN NO. C1/102/1002/006 BID ITEM SPEC ITEM NO. DESCRIPTION UNIT QUANTIY UNIT PRICE AMOUNT NO. SECTION NO. 1 - SITE PREPARATION AND EARTHWORK (130, 132, 1 200 Roadway Excavation CY 107.4 $ 8.50 $ 912.90 2 132 205 Borrow Cy- 674.3 $ 20.00 $ 13,486.00 SUBTOTAL $ 14,398.90 SECTION NO. 2 - PAVING 1 (421)(440)(526) Reinforced Concrete Sidewalks (5") (for 8' wide Shared Pathway) SY 1,667 $ 20.00 $ 33,340.00 2 530,(421,440, 526, 42 fCurbRamp SY 146 $ 62.00 $ 9,052.00 SUBTOTAL $ 42,392.00 SECTION NO. 3 - STORM SEWER 1 429, (430, 435) Trench Safety System (5' to 10') LF 147 $ 1.00 $ 147.00 430, (132, 431, 2 432, 433, 435, 24" RCP (ASTM C76, Class III) LF 147 $ 45.00 $ 6,615.00 436) 3 4722, (420, 421, Inlets (Type B-B) (Depth Greater Than 5 Feet) EA 6 $ 1,953.00 $ 11,718.00 4 472, (420, 421, CREDIT - Inlets (Modified Type B-B) with an opening in backside of 440) inlet & a concrete apron EA 6 $ (2,965.00) $(17,790.00) 5 472 (420, 421, Inlets (Type ) ( ) (Standard) YP A EA 6 $ 1,685.00 $ 10,110.00 SECTION NO.4 - SIGNS AND PAVEMENT MARKINGS SUBTOTAL $ 10,800.00 Aluminum Signs (HI Intensity Grade Sheeting) as follows: Bike Symbol (1311-1); Word "BEGIN" (M4-11); Word "END" (M4-12) 1 624, (646, 647) Bike Symbol & Words "BIKE ROUTE" (1311-1); Symbol Arrow EA 20 $ 330.00 $ 6,600.00 pointing up, (M7-2G); Bike Symbol (W11-1); & Words "SHARE THE ROAD", (W16-1) 2 660, (661, 662, (674, 669) Reflectorized Pavement Markings - Type I (W) (12") (SLD) LF 100 $ 3.00 $ 300.00 3 660, (661, 662, (674, 669) Reflectorized Pavement Markings - Type I 9 YP (\M (24") (SLD) LF 100 $ 5.60 $ 560.00 4 660, (661, 662, Reflectorized Pavement Markings - Type II (Y) (4") (SLD) 674, 669 for Pathway) LF 1,876 $ 1.70 $ 3,189.03 SUBTOTAL $ 10,649.03 TOTAL $ 78,240.00 F:\03329\801-1\Docs\Estimates\Shared Path Splmntl Svcs\ 5/11/2010 Prelim Const Cost Estimate.xls Page 1 of 1 N W N � Q O = W FW- � � 40 Q N :0 r `Zcc vi `l 0 W ► eM m Olu U Q Y LU QT- Z t~IJV� W W Z ONO V � U Z_ O= v O� az u—. ry Zce)m Upw Q4►�+-z_ z (n W a N U CO O�� r— po� �00un r- ccr N �Y M N r N� 60. � N d N F" M O O N ui U-)� c�M N 1 U T F 7 to Z N U N W Q. r- Y J a CO Q w a °" "a. voUJ ad � 0 o�mN3 a U r O 0= co n 0Q LI 4 W acYi�NNZQ _ _ = tf) V) QcAN—Z mLL I �w REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28, 2010 Requested By: Ron Bottoms Department: Administration Report: Resolution: Ordinance: Exhibits: Lakes at Fairmont Greens MOA Exhibits: Lakes at Fairmont Greens Timeline Exhibits: Letter regarding building permit Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Lakes at Fairmont Greens subdivision has been in the works for several years now. Staff has worked with the developer to facilitate the completion of the development, but the first house has yet to be built. The developer continues to miss deadlines that they have agreed to; the most recent example are deadlines stipulated in the Memorandum of Agreement that was agreed to by all the parties and approved by Council in March 2010 (attached). This development is in a Tax Increment Reinvestment Zone (TIRZ) and part of a Public Improvement District (PID); that allows the developer to receive public dollars for reimbursement for public infrastructure and maintenance. Action Required by Council: the Lakes at Fairmont Greens Subdivision and provide direction to staff. in,Ci lv Ron Bottoms, City Manager Date "JJ MEMORANDUM OF AGREEMENT BETWEEN 65 LA PORTE, LTD. AND THE CITY OF LA PORTE I. AUTHORITY: This Memorandum of Agreement (MOA) between 65 La Porte LTD., and the City of La Porte is entered into under the authority of 65 La Porte LTD., a Texas limited liability partnership, (the "Developer"), 2398 Baycrest Drive, Houston, Texas 77058, as Developer of the Lakes at Fairmont Greens Subdivision and City of La Porte, a municipal corporation, 604 West Fairmont Parkway, LaPorte, Texas 77571, (the Il. PURPOSE AND OBJECTIVES: The parties have heretofore entered into a Development Agreement dated July 14, 2008. The purpose of this Memorandum of Agreement (MOA) is to facilitate an advance excavation of certain land north of Wharton Weems Boulevard, to amend and supplement certain provisions of the Development Agreement, and to establish a mutual framework governing the respective relationships responsibilities, and activities between the City and the Developer. Except as amended and supplemented by the MOA, the Development Agreement shall govern, and remain in full force and effect. 11I. RESPONSIBILITIES OF THE PARTIES A. The Developer shall: 1. Complete the 6 foot wrought iron fence located along the golf course adjacent to Section 1 using city approved specifications. The final completion date shall be on or before June 1, 2010. 2. Grant utility easement, pedestrian path easement and a right of entry agreement along McCabe Road. 3. Install and maintain adequate protection for water/sewer stubs in Section 1 as needed. 4. Repair erosion, install and maintain erosion protection where needed and establish vegetative cover in detention lakes south of Wharton Weems. The final completion date shall be on or before June 1, 2010. 5. Clean up fence line along Wharton Weems from previous clearing. 6. Complete the upgrade of Taylor Bayou with input from the City. 7. Install pedestrian bridge over Taylor Bayou when 40% of homes in Section 1 are complete. Installation of the bridge prior to the 40% threshold will be at the discretion of the Developer. The bridge installation approved by the City will meet all applicable engineering specifications and design standards required by City building codes. 8. Create a 30' buffer along the golf course fence north of Wharton Weems between the detention lakes. Final design of the buffer to be determined during the engineering phase of the lakes. All engineered plans and specifications will be subject to approval by the City and applicable building codes. 9. Construct detention lakes adjacent to the golf course north of Wharton Weems. Detention lake construction will include connecting the lakes on the north and south sides of Wharton Weems Blvd. Final design of the detention lakes to be determined prior to approval of excavation. The plans and specifications for the detention lakes will include a site and storm water management plan. All engineered plans and specifications will be subject to approval by the City and applicable building codes. 10. Obtain agreement with the owner of a 20 acre tract (Exhibit A) fronting on State Highway 146 which is located between Tract 1 and Tract 9 for construction of the detention lakes needed for the 20 acre tract, depicted in Exhibit A, and Tract 1. 11. Install irrigation and landscaping in Section 1 on or before June 1, 2010. 12. Grant a water/sewer easement to the City for Bayforest Golf Course at a location acceptable to the Developer and the City of La Porte. 13. Provide ongoing maintenance of the development on the south and north sides of Wharton Weems according to City codes and ordinances. 14. Execute a maintenance agreement with the City ensuring reliable performance standards and procedures. 15. Shall not be responsible for any expense incurred as a result of any action by the City contrary to the terms of this agreement. 16. This MOA is subject to City Council approval. B. The City shall: 1. Issue permits, as needed, for the construction of the detention lakes upon Developer's compliance with the City's applicable Codes and Ordinances, and Paragraph III, subparagraphs 8 and 9 hereof. 2. Request a P&Z workshop review of the 50% lot coverage ratio for the Lakes of Fairmont Greens. Upon positive vote by the P&Z, staff will place on the agenda of the next scheduled City Council Meeting for approval. 3. Cooperate with the Developer and Contractors during the construction of the detention lakes. 4. Work with the Developer to determine the best possible upgrade to Taylor Bayou. 5. Work with the Developer to revise the Development Agreement. 6. Shall not be responsible for any expense incurred as a result of any action by the Developer contrary to the terms of this agreement. IV. MISCELLANEOUS: A. Other Relationships or Obligations. 1. This MOA shall not affect any pre-existing or independent relationships or obligations between the parties other than those related to this MOA. 2. BSP Construction wi11 act as General Contractor to complete all construction activities listed above. B. Survival. The provisions of this MOA that require performance after the expiration or termination of this MOA shall remain in force notwithstanding the expiration or termination of the MOA. C. Severability. If any provision of this MOA is determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulation. V. EFFECTIVE DATE: This agreement becomes effective upon the date of the last approving signature and will remain in effect indefinitely until superseded, rescinded, or modified by written, mutual agreement of both parties. VI. AMENDMENT AND MODIFICATION: This MOA may be amended or modified only by written, mutual agreement of the parties. VE. POINTS OF CONTACT: The individuals named below shall serve as the respective points of contact for all correspondence pertaining to this MOA. 65 LaPorte, Ltd. Name: James Larson Title: Project Manager Address: 2045 Space Park Drive Suite 260 Nassau Bay, TX 77058 Phone: 281-222-6694 email: larsoncommercial@gmail.com BSP Construction Name: Edward Bradley Title: Owner Address: P. O. Box 638 Santa Fe, TX 77517 Phone: 409-370-3950 email: bspbradley@verizon.net VII. IN WITNESS WHEREOF, the duly execu as of r l CIVV OF By: Name: A Title: W. hereto have caused this Agreement to be .2010. 65 LA PORTE, Ltd. a Texas limited partnership By: Baycrest, LLC. Its General Partner Malladi S. Reddy Its General Partner ,:Pi: e" •, MARK L HONSMR ATTEST: _': *` MY COMMISSION EXPIRES ,?'%€ ±• May 8, 2013 AMart#11e�ttCity Secretary APPROVE Clark T. Askins, Assistant City Attorney DATE January 2007 • City agreed to establish Public Improvement District to provide property assessment for developer to receive • Capital reimbursement for infrastructure • Annual maintenance for PID eligible items January 2007 • City agreed to add Taylor Bayou (from SH 146 to McCabe) to La Porte (PID) for maintenance to facilitate HCFCD approval of plat/plans July 2008 • City/Developer entered Development Agreement (replaced an earlier one) requiring certain key performances from the developer with a December 31, 2008 completion date for Section 1 • completion of perimeter fence along golf course/Weems Blvd. • provisions for either the developer or homebuilder to construct rear lot line fences • completion of landscaping October 23, 2009 • Met with developer to discuss early excavation of proposed detention basins north of Weems Blvd. City provided a list of concerns January 8, 2010 • Letter from City to Developer outlining items needed for securing a building permit February 17, 2010 • Met with developer, proposed contractor, councilmember and mayor to further refine concerns related to early excavation March 22, 2010 • Memorandum of Agreement developed; approved by City Council providing for certain conditions that would allow early excavation of proposed detention basins March 26, 2010 • City provided information on items remaining to receive a clearing permit April 14, 2010 0 Developer executed Memorandum of Agreement and returned to City April 26, 2010 • City Council approves increase in lot coverage to 55% to allow for lot coverage requested by developer April/May 2010 • Activities completed/or underway from Memorandum of Agreement • Easement along McCabe Rd. delivered by developer (also required by LPISD closing documents) • Developer/Contractor initiated design drawings for the detention basins north of Weems April 23, 2010 • City issued burn permit with conditions April 26, 2010 • City issued clearing permit May 17, 2010 • City sent letter on items remaining from Memorandum of Agreement to complete before early excavation of basins north of Weems would be approved • Dated items in Memorandum of Agreement not completed (Related to Section 1) • June 1, 2010 complete fence along golf course • June 1, 2010 repair erosion and provide vegetative cover for detention basin • June 1, 2010 install irrigation and landscaping City of La Porte Established 1892 January 8, 2010 Mr. Jim Larson 2045 Space Park Dr., Ste. 260 Nassau Bay, TX 77058 Dear Mr. Larson: This is to confirm your discussion with Mr. Bottoms this morning regarding the building permit application (603 Fairway Drive) presently,being circulated for approval through our Permit Division. The items listed below are those which are to be completed for the Lakes at Fairmont Greens (LFG) development to commence for permitting: 1) Execute and deliver the McCabe Road easement. 2) Complete the wrought iron perimeter fence to specifications as per developer agreement. (This includes placing finials and attaching the panels to the framing) 3) Re-establish and maintain erosion control measures in accordance with developer agreement and city ordinance. 4) Maintain all LFG properly in and adjacent to Section One in accordance with developer agreement and city ordinance. This includes regular mowing schedules and appropriate protection of water and sewer risers. The aforementioned items are exclusive of those required through the building permit review. We appreciate your completion of these items which will enhance your clients ability to market the subdivision for further construction. Attached for your convenience is a reference copy of the Developer Agreement. We look forward to a successful neighborhood build -out within Lakes at Fairmont Greens. CL diallTTietjens Director of Planning City of LaPorte 604 W. Fairmont Pkwy. • La Porte, Texas 77571 9 (281) 471-5020 C REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28, 2010 Requested By: Donald Ladd Department: Bare Report: X Resolution: Ordinance: Exhibits: Presentation Exhibits: Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES No SUMMARY & RECOMMENDATION Fire Department will make presentation to Council regarding need for emergency response rescue boat. Action Required by Council: Bottoms, City Manager (,, JV 140 Date Q §/ \ W 4-j p fu E 4� O O V O 4� I\ O > � O O%&. -&-i fa r) 4� 4-J o 0 0 E E fur� 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28, 2010 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance: Exhibits: Highlight Memo on Inspection Division Activities Exhibits: May Activity Report Exhibits SUMMARY & RECOMMENDATION Attached is a staff report highlighting Inspection Division activities. Action Required by Council: eceive taff report Ron Bottoms,, City Manager Budget Iq Ito Date Memo To: Mayor and City Council From: Debbie S. Wilmore, Chief Building Official CC: Ron Bottoms, City Manager; John Joems, Assistant City Manager; and Tim Tietjens, Director of Planning Date: 6/21/2010 Re: Highlight Memo on Inspection Division Activities The following is our monthly report on some of the highlights of the Inspection Services Division and our May Activity Report. Assistance on 930 So. 14"' Street Sale of daycare. When new manager applied for electric service, she discovered the electric company planned disconnection of power under the previous owner's name unless a city permit was obtained. The daycare was still in operation and had children at the site. The city was contacted at 5:15pm on Friday, Mato find out what permit was needed to keep the power on. An inspector was dispatched to the field while we awaited the manager at city hall. The permit application review was expedited and the permit was issued. We released the permit to the electric company at 5:55pm on the same day and no interruption of service occurred. Street Light Outage at Roseberrv/Old Orchard • Customer came in upset about a street light outage. Staff advised him it could be reported by phone or online at centerpoint energy.com; however, he felt staff should handle it for him. He was able to provide staff with the light pole number so, while he waited, we reported it by phone and followed up with an online report. • The following day, staff received an e-mail confirmation from centerpoint confirming that the light had been repaired. Highlight Memo Con't. May Activity Report • (3) New Commercial permits — Valuation is $13,644,000 3501 Luella Blvd. (San Jacinto College Transportation Center) 317 N. Broadway (Spec Building) 9705 Spencer Highway (Retail Center) • Increase of (17) inspections from April • Decrease of (91) customer (counter) sign -ins from April • Decrease of (137) code enforcement cases from April (40) new weed cases were part of the overall total (150) cases • Of the (150) May cases, (85) or 57% were resolved in May 0 Page 2 Page 2 TSPECTION SERVICES p pyr h IVITOTE+4R� 1 2010 �Ik kp'�il, ,o . . NEW RESIDENTIAL PERMITS: 4 VALUATION 408,200 NEW COMMERCIAL PERMITS: 3 VALUATION: 13,644,000 INSPECTIONS PERFORMED: 324 SLABS 39 ELECTRICAL 66 PLUMBING 63 COVERUP 26 FINAL 25 FRAME 8 MISC. 97 CUSTOMER SIGN IN: 396 OPEN RECORDS REQUEST: 12 COMMERCIAL PROJECTS PENDING — NEW CONSTRUCTION OR REMODELS OVER $50,000 10 ATLANTIS HOMES INC — 1607 W MAIN ST — 09-618 — SHELL ONLY FOLLIS CONSTRUCTION — 223 N 10TH ST — 09-1141 — METAL BUILDING CONSTRUCTION MASTERS OF HOU — 3202 LUELLA — 09-1396 — CHILD CARE MRE BUILDERS — 702 HWY 146 S — 09-1496 — NEW HOTEL (SUPER 8) ATLANTIS HOMES — 1607 W. MAIN ST. — 09-1763 — BUILDOUT DUROTECH — 3501 LUELLA BLVD — 10-219 — NEW COMMERCIAL RAM DESIGN — 920 W MAIN — 10-295— CLP ARCH WAREHOUSE RACK CO — 10051 PORTER — 900— 10-400— PALLET RACKS ACTION ENG & INSPEC — 317 N BROADWAY ST. — 10-721 — NEW COMMERCIAL S/P CONSTRUCTION — 9705 SPENCER HWY — 10-840 — NEW COMMERCIAL TIRZ NONE 1 CODE ENFORCEMENT CODE ENFORCEMENT CASES NUMBER OF COMPLAINTS, CASES MAY 2010 (COMMUNITY SERVICE) CITY INITATED CITIZEN COMPLAINT TOTAL ALCOHOL CHECK 1 0 1 BASKETBALL GOALS 0 0 0 BUILDING MAINTENANCE 1 1 2 BUILDING PLACEMENT 0 0 0 CAR FLYERS 0 0 0 CONTAINERS 1 0 1 COIN OPERATED MACHINE 0 0 0 DANGEROUS BUILDING 0 0 0 DEBRIS 3 11 14 EXTERIOR STORAGE 1 1 2 FENCES 1 0 1 FORWARD TO OTHER DEPARTMENTS 0 7 7 GRAFFITI 0 0 0 HEALTH ISSUES 0 0 0 ILLEGAL DUMPING 0 2 2 ILLEGAL MOBILE HOMES 0 0 0 JUNK VEHICLES 1 0 1 LIVESTOCK 0 0 0 MISCELLANEOUS 0 2 2 OFFICE TRLR 0 0 0 OFF SITE PARKING 0 0 0 POOLS 0 4 4 SCREENING REQUIRED 0 0 0 SECURING BUILDINGS 0 1 1 SEWAGE 1 1 2 SIGNS 0 0 0 SIGNS ON R O W 38 0 38 SUBSTANDARD STRUCTURES 0 0 0 TEMP STORAGE CONT 0 0 0 UNSAFE ELEC 0 0 0 UNSAFE PLBG 0 0 0 WATER/DRAINAGE/ STANDING 0 2 2 WEEDS 25 15 40 WORK WITHOUT PERMIT 12 4 16 ZONING 8 0 8 BLDG CODE VIOLATION 4 1 5 BLDG CODE-SANIT 0 0 0 HOUSE MOVING 0 0 0 R O W OBSTRUCT 0 1 1 R O W DAMAGE 0 0 0 TOTAL 97 53 1 150 TOTAL OF 150 COMPLAINTS CASES MAY 2010 TOTAL COMPLAINTS, CASES 150 100% CASES RESOLVED 85 57% CASES UNRESOLVED 65 43% NEW MUNICIPAL COURT CASES THIS MONTH 11 J.J. MEZA (1) F. BATALLA (1) N. COOK (2) P. SANCHEZ (2) A. MENDEZ 1) J. MCCORMICK (1) E. ALEMAN (2) H. PATEL (1) LAWSUITS IN PROGRESS (NON -MUNICIPAL COURT CASES) CLIFF HALL (1) S:\CPShare\INSPECTION DIVISIONUnspections\Monthly Reports 2010MAYMONTHLYREPORT doe