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HomeMy WebLinkAboutPR 20215: COLLECTION AND ASSESSMENT SERVICES P. R. No. 20215 04/16/18 gt RESOLUTION NO. A RESOLUTION AUTHORIZING AMENDMENT TO SECTION 8 — DELINQUENT TAX SUITS TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND JEFFERSON COUNTY, TEXAS, FOR COLLECTION AND ASSESSMENT SERVICES WHEREAS, the City of Port Arthur and Jefferson County, Texas, entered into a Contract for Collection and Assessment Services on the 9t" day of October 1989; and WHEREAS, the parties wish to amend Section 8 as it relates to delinquent tax suits, as follows: SECTION 8 DELINQUENT TAX SUITS 8.1 This contract is being executed pursuant to Section 791.011 of the Texas Government code which allows an interlocal agreement to be established between local government entities to provide a governmental function or service that each party to the contract is authorized to perform individually. RECITALS: The parties agree as follows: Each party to this agreement is authorized to collect delinquent taxes. Each party agrees that is entitled to receive proceeds from a sheriff or constable sale. Thus, each party to this contract agrees that JEFFERSON COUNTY, a party to a judgment, taken for the collection of delinquent taxes is authorized to conduct a sheriff sale of property, a re-sale of property not sold at the initial Sheriff's Sale, or to receive bids for the sale of property not sold at either the Sheriff's sale or a re-sale. In instances where a property has been bid-in to Jefferson County in trust for the entities for whom it collects, and has been through one (1) or more re-sales, and the period after the date on which the owner's right of redemption has terminated, then, each taxing unit authorizes JEFFERSON COUNTY to act on its behalf to sell such property at a private sale to any bidder at what it considers a reasonable price. Accordingly, JEFFERSON COUNTY shall not be required to seek approval from a taxing unit's governing body to accept and transfer said property to a purchaser at a non-public sale. Payments to each taxing unit will be allocated as provided under the Texas Property Tax Code. At JEFFERSON COUNTY'S discretion, each party further agrees that where necessary JEFFERSON COUNTY shall be permitted to sell the property at a private sale for an amount less than the lesser of 1) The market value specified in the judgment of foreclosure; or 2) The total amount of the judgment against the property. Each party understands and agrees that a property that is sold for an amount equal to or lesser than the judgment, its market or appraised value discharges and extinguishes all liens foreclosed by the judgment. EACH PARTY AGREES THAT ANY ENTl I Y THAT DOES NOT CONSENT TO A SALE FOR AN AMOUNT EQUAL TO OR LESSER THAN THE JUDGMENT AND/OR ITS MARKET OR APPRAISED VALUE WILL BE LIABLE TO JEFFERSON COUNTY FOR A PRO RATA SHARE OF THE COSTS INCURRED IN PURCHASING AND MAINTAINING PROPERTY, INCLUDING THE COSTS OF PREVENTING THE PROPERTY FROM BECOMING A PUBLIC NUISANCE, A DANGER TO THE PUBLIC OR A THREAT TO PUBLIC HEALTH. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby approves the Amendment to Contract for Collection and Assessment of Services, in substantially the same form as attached hereto as Exhibit "A". Section 3. This Resolution shall become effective upon final passage. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2018, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: %.1j4,-)___ /4-0 Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager EXHIBIT "A" THE STATE OF TEXAS COUNTY OF JEFFERSON AMENDMENT TO CONTRACT FOR COLLECTION AND ASSESSMENT SERVICES Whereas Jefferson County, Texas hereinafter called "County" and the City of Port Arthur herein called "City", entered into a Contract for Collection and Assessment Services on the 9th day of October, 1989, and the parties desire to amend that agreement; now therefore Section 8 of the contract is hereby amended as follows: SECTION 8 DELINQUENT TAX SUITS 8.1 This contract is being executed pursuant to Section 791.011 of the Texas Government code which allows an interlocal agreement to be established between local government entities to provide a governmental function or service that each party to the contract is authorized to perform individually. RECITALS: The parties agree as follows: Each party to this agreement is authorized to collect delinquent taxes. Each party agrees that is entitled to receive proceeds from a sheriff or constable sale. Thus, each party to this contract agrees that JEFFERSON COUNTY, a party to a judgment, taken for the collection of delinquent taxes is authorized to conduct a sheriff sale of property, a re-sale of property not sold at the initial Sheriff's Sale, or to receive bids for the sale of property not sold at either the Sheriff's sale or a re-sale. In instances where a property has been bid-in to Jefferson County in trust for the entities for whom it collects,and has been through one(1)or more re-sales, and the period after the date on which the owner's right of redemption has terminated,then,each taxing unit authorizes JEFFERSON COUNTY to act on its behalf to sell such property at a private sale to any bidder at what it considers a reasonable price. Accordingly, JEFFERSON COUNTY shall not be required to seek approval from a taxing unit's governing body to accept and transfer said property to a purchaser at a non-public sale. Payments to each taxing unit will be allocated as provided under the Texas Property Tax Code. At JEFFERSON COUNTY'S discretion, each party further agrees that where necessary JEFFERSON COUNTY shall be permitted to sell the property at a private sale for an amount less than the lesser of 1) The market value specified in the judgment of foreclosure;or 2) The total amount of the judgment against the property. Each party understands and agrees that a property that is sold for an amount equal to or lesser than the judgment, its market or appraised value discharges and extinguishes all liens foreclosed by the judgment. EACH PARTY AGREES THAT ANY ENTITY THAT DOES NOT CONSENT TO A SALE FOR AN AMOUNT EQUAL TO OR LESSER THAN THE JUDGMENT AND/OR ITS MARKET OR APPRAISED VALUE WILL BE LIABLE TO JEFFERSON COUNTY FOR A PRO RATA SHARE OF THE COSTS INCURRED IN PURCHASING AND MAINTAINING PROPERTY, INCLUDING THE COSTS OF PREVENTING THE PROPERTY FROM BECOMING A PUBLIC NUISANCE, A DANGER TO THE PUBLIC OR A THREAT TO PUBLIC HEALTH. The amended provisions supersede all prior oral and written agreements between the parties regarding Delinquent Tax Suits as provided in Section 8 of the Original agreement. All other terms and provisions of the original Contract for Assessment and Collection Services shall remain in full force. This agreement is executed at Beaumont, Texas on the day of , 2018, by the City of Port Arthur and by the Commissioners' Court for the County. City of Port Arthur Jefferson County Derrick Freeman, Mayor Jeff Branick, County Judge Raymond Scott,Jr., District 1 Commissioner Eddie Arnold,Precinct No. 1 Cal J. Jones, District 2 Commissioner Brent A. Weaver, Precinct No. 2 Thomas J. Kinlaw III, District 3 Commissioner Michael S. Sinegal, Precinct No. 3 Harold Doucet, Sr., District 4 Commissioner Everette D.Alfred,Precinct No.4 William"Bae"Lewis,Jr.,District 5 Commissioners' Court Osman Swati,District 6 Charlotte Moses, Position 7 Kaprina Richardson Frank,Position 8 Date Approved: , 2018