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;
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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.
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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)
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EXIllBIT A
Property Description
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EXIllBIT B
Compromise and Settlement Agreement
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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)