HomeMy WebLinkAboutResolution 3539-10-2007A Resolution
NO 3539-10-2007
WHEREAS from time to time tax foreclosures are conducted by law firms retained by local
taxing entities including the City regarding properties for which property taxes are due and
owing The foreclosed properties are struck off' to the City The City then acts as trustee for
the other taxing entities in all dealings with the property
WHEREAS some of the properties thus obtained will have persons or a business occupying
the real estate and structures on the property The City Attorney must be able to obtain
possession of the property to ensure that no damage is done to the property and to further
ensure that the rights of the taxing entities with an ownership interest in the particular property
are protected
WHEREAS one such property is located at 4729 Mansfield Highway also known as Lot 1
Block 2 E P Parris Addition to the City of Fort Worth which was obtained by the City through
a tax foreclosure action and
WHEREAS the City Attorney must be able to move expeditiously to obtain possession of other
foreclosed properties entrusted to the City in order to ensure that no damage is done to the
properties and that the rights to the with an ownership interest in the property are protected
NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
FORT WORTH TEXAS
Authorizes the City Attorney's Office to file an eviction action to obtain possession of,the
named property to ensure that no damage is done to the property and to further ensure that
the rights of the taxing entities with an ownership interest in the particular property are
protected
Further authorizes the City Attorney to file such other and further eviction lawsuits
related to foreclosed properties as he deems necessary without the necessity of seeking City
Council authorization on each individual property
day of -October , 2007
Marty Hendrix ~`O ~% ~ ~ ~ f ~ APPROVED
City Secretary ~ ~ CITY COUNCIL
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APPROV~D~AS TO FOR,~~il~-~ OCT - 9 2007
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Assistant City or y ~`'~ City secretarq of the
~! ~ ~ ~~ City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/9/2007 Resolution No 3539-10-2007
DATE Tuesday October 09 2007
LOG NAME 12MANSFIELD
REFERENCE NO **G-15909
1 Authorize the City Attorney to file a lawsuit necessary for the eviction of all persons or legal entities who
are on property located at 4729 Mansfield Highway also known as Lot 1 Block 2 E P Parris Addition to
the City of Fort Worth which was obtained by the City through a tax foreclosure action
2. Authorize the City Attorney to file such other and further eviction lawsuits as he deems necessary
regarding foreclosed properties entrusted to the City in order to ensure that no damage is done to the
properties, and that the rights of the other taxing entities with an ownership interest in the property are
protected without the necessity of seeking City Council authorization on each individual property and
3 Adopt the attached resolution authorizing the suit, and authorizing such other and further eviction suits
as he deems necessary
DISCUSSION
The property described above was taken through a tax foreclosure by several local taxing entities From
time to time tax foreclosures are conducted by a law firm retained by the local taxing entities, including the
City regarding properties such as 4729 Mansfield Highway for which property taxes are due and owing
The subject property was struck ofP' to the City and entrusted to the City's care by Constable s Deed dated
January 5 2005 and filed May 12 2005 The City is now acting as trustee for the other taxing entities in
all dealings with the property
The property located at 4729 Mansfield Highway is being operated as a commercial operation to wit, an
automobile salvage operation known as Sargents Auto Salvage There are persons using the real estate
and structures on the property The City acting as trustee, must obtain possession of the property in order
to manage the property for the benefit of all of the taxing entities involved in the foreclosure
The City Attorney seeks the authority to file an eviction action to obtain possession of the property located
at 4729 Mansfield Highway to ensure that no damage is done to the property and to further ensure that the
rights of the taxing entities with an ownership interest in the particular property are protected Authority is
thus sought to file an eviction lawsuit and obtain possession of the property
The City Attorney must be able to move expeditiously in obtaining possession of properties entrusted to the
City in order to ensure that no damage is done to the properties and to further ensure that the rights of the
City and of other taxing entities with an ownership interest are protected The City Attorney therefore also
Logname 12MANSFIELD Page 1 of 2
seeks authority to file such other and further eviction lawsuits as the City Attorney deems necessary without
the necessity of requesting authority from the City Council on each individual property
The property is located in COUNCIL DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget of the Engineering
Fund
TO Fund/Account/Centers FROM Fund/AccountlCenters
PI19 538050 0301000 500.00
Submitted for City Manager's Office by. Marc Ott (6122)
Originating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
Luis E. Fierros (7609)
Logname 12MANSFIELD Page 2 of 2