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
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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
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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;
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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.
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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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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.
Mome RecordsIndex
fi
Home Records Pups Forms Links Index N e w I
http://data.hcad.org/cgi-bin/AV/AVDetail.asp?acct=0241020900007 3/22/00
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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.
Use market value for comparison with your neighbors.
Valuation : TY2000 Previous Change Appraised Market Value
Value
Land : 11,400 0 11,400 rd (t, �IrU�r
Improvement : 46,800 6,800 53,600 �.
Ag/Tmbr/Spc : O 0 0
Total Value : 58,200 6,800 65,000 65,000
Note:
Year 2000 (current year) values are still preliminary and not all
http://data.hcad.org/cgi-bin/AV/AVDetail.asp?acct=1005230000006 4/27/00
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CustomCAMA WebRDE Page 1 of 1
CAMA Detail Navigate Search
g 0.
Tax Year :
2010
E
x 0
0=: 2.
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
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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
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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
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f?.4 m
S sly
tJl TOR iE ISD
f9i6 •1998
S797S 60
Sl6�233
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9 5--191H
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s
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s
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s
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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
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06/27/2002 10:09 FAX 7138621429 PBFCM
-► LA PORTE It 003
'CAUSE NO, 1999-00951
CITY OF LA PORTE AND IA
PORTE INDEPENDENT SCHOOL
DISTRICT �
VS.
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
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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
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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
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LMAR0254 City of La Porte 4/14/05
Display Lien 15:05:46
Location ID . . . . . . .
4988
HCAD Number . . . . . . .
023-208-089-0003
Alters -Sea- rch�I-e tiod
- - -
Location address . . . . .
428 N FIFTH ST
Primarty related party . .
CITY OF LA PORTE
Lien number . . . . . . .
000000838
Lien status . . . . . . .
0 O=Open C=Closed
Lien amount . . . . . . .
2800.00
Lien type . . . . . . . .
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.
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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
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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
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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
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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
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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
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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