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1992R12- COLLECT AD VALOREM TAXES ON 10.245 ACRES RESOLUTION NO. 9~ -{?- .J,J. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ AUTHORIZING THE ACQUISITION OF A 10.245 ACRE TRACT OF LAND, COMPROMISING PENDING LITIGATION TO COLLECT AD VALOREM TAXES OWED TO THE CITY OF SCHERTZ, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE DOCUMENTS AND INSTRUMENTS NECESSARY, CONVENIENT, OR REQUIRED TO CONSUMMATE THE ACQUISITION OF THE REAL PROPERTY AND COMPROMISE OF LITIGATION WHEREAS, the City of Schertz together with the County of Comal and the Comal Independent School District instituted suit against Mary Melvina Martin and Anthony L. Martin for ad valorem taxes claimed to be due for tax years 1984 through 1990, inclusive, under Cause No. C-90-602C, in the 22nd Judicial District County, Comal County, 'rexas, styled, City of Schertz, et al v. Mary Melvina Martin and Anthony L. Martin,et al; WHEREAS, a final judgment in the referenced litigation was rendered on March 6,1991, and entered on July 5,1991, but which judgment was reversed and remanded by the Court of Appeals for the Third Judicial District, under case number 03-91-00363- CV' , WHEREAS, a proposal to resolve the litigation has been made pursuant to which, among other things the City of Schertz would (a) receive payment of ad valorem taxes by Mary Melvina Martin and Anthony L. Martin for tax year 1991 on a 16.932 acre tract of land and (b) acquire title to a 10.245 acre tract of land, more particularly described in Exhibit Ii. attached hereto and made a part hereof, currently owned by Mary Melvina Martin and Anthony L. Martin for consideration composed of (i) crediting the delinquent tax accounts of the City of Schertz, Texas for Mary Melvina Martin and Anthony L. Martin for tax years 1984 through 1990 in the amount of $20,393.87, and (ii) payment on behalf of Mary Melvina Martin and Anthony L. Martin by the City of Schertz, Texas of the delinquent ad valorem tax accounts for tax years 1984 through 1990, of Mary Melvina Martin and Anthony L. Martin standing on the books of the County of Comal and the Comal Independent School District in the aggregate amount of $41,372.95; WHEREAS, the City Council has determined that resolution of the referenced litigation and acquisition of the 10.245 acre tract and the other consideration is in the best interests of the citizens of the City of Schertz; ooom6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: The City of Schertz, Texas agrees to compromise and settle Cause No. C.-90-602C, in the 22nd Judicial District County, Comal County, Texas, styled, City of Schertz, et al v. Mary Melvina Martin and Anthony L. Martin, et al and acquire from Mary Melvina Martin and Anthony L. Martin a 10.245 acre tract more particularly described in Exhibit A attached hereto and made a part hereof on the terms and conditions set out in a Compromise and Settlement Agreement by, between, and among Comal County, Texas, the Comal Independent School District, the City of Schertz, Texas and Mary Melvina Martin and Anthony L. Martin, a copy of which is set out in Rrhibit B attached hereto and made a part hereof; SECTION 2: The City of Schertz, Texas shall credit the sum of $20,393.87 as full payment of amounts owed to the City of Schertz, Texas by Mary Melvina Martin and Anthony L. Martin for ad valorem taxes for tax years 1984 through 1990, inclusive, as part of the consideration for the property to be acquired; SECTION 3: The City of Schertz, Texas shall pay the sum of $41,372.95 to Mary Melvina Martin and Anthony L. Martin by paying on their behalf and for their benefit ad valorem taxes owed to Comal County and the Comal Independent School District for tax years 1984 through 1990, which such governmental entities have agreed shall be full and final payment of amounts owed by Mary Melvina Martin and Anthony L. Martin for such tax years. SECTION 4: The City Manager or his assistant or either of them, and other officers of the City are authorized to execute the Compromise and Settlement Agreement and all other documents and instruments and to take any and all action that may be necessary or required in their sole discretion to carry the foregoing resolutions into effect. SECTION 5: All actions (not inconsistent with the provisions of this Resolution) heretofore taken by this City Council or any officer of the City relating to the subject matter of this Resolution are hereby ratified, approved, and confirmed. SECTION 6: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of this City Council. SECTION 7: All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 0039776 -2- J SECTION 8: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9: If any provision of this Resolution or the application thereof to any person or circumstance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Resolution and the application of such provision to the other persons and circumstances shall nevertheless be valid, and this City Council hereby declares that this Resolution would have been enacted without such invalid provision. kPPROVED un Urst reading the Passed, approved and adopted this the /.s- 1992. 1992. ATTEST: (CI'rY SEAL) oooma -3- . EXIllBIT A Property Description oooma -4- EXIllBIT B Compromise and Settlement Agreement oooma -5- RECEIVED DEe 1 4 1992 FULBRIGHT & JAWORSKI 300 CONVENT STREET, SUITE 2200 SAN ANTONIO, TEXAS 78205 HOUSTON WASHINGTON, D.C. AUSTI N SAN ANTON 10 DALLAS NEW YORK LOS ANGELES LONDON ZURICH HONG KONG TELEPHONE: 210/224-5575 FACSIMILE: 210/224-8336 WRITER'S DIRECT DIAL NUMBER: 210/270-7191 December 11, 1992 Re: Resolution Mr. Kerry Sweatt City Manager City of Schertz Post Office Drawer 1 Schertz, Texas 78154 Dear Kerry: I enclose a proposed form of resolution regarding the settlement of the ad valorem tax suit against Mary Melvina Martin and Anthony L. Martin. Per a facsimile received yesterday from Stewart Title, there is still some debate regarding the amount of taxes owed to the other jurisdictions. It is my understanding that Jim Brister is attempting to get this resolved. The escrow agent at Stewart Title is in Las Vegas getting married today and will be unable to finally resolve the dollar amounts until Monday, December 14, 1992. If you have any questions, please do not hesitate to call. LHR/mm Enclosure 0040029 cc: . 0040029 Mr. James L. Brister Stubblefield, Brister, Schoolcraft & Granstaff 2117 Pat Brooker Road Universal City, TX 78148 (with enclosure) Mr. Michael Spain (Firm) (with enclosure)