23-R-12 Waive property tax penalties and late fees for 2 propertiesRESOLUTION NO. 23-R-12
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE WAIVER OF PROPERTY TAX LATE
PENALTIES AND FEES IN CONJUNCTION WITH A REAL PROERTY
PURCHASE AND ENCOURAGING OTHER TAXING ENTITIES TO DO
THE SAME; ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the properties at FM 78 and FM 3009 intended for purchase by the City
have unpaid property taxes and late penalties and fees; and
WHEREAS, the properties in question have been in purchase negotiations for at least two
years thus leading to an uncertain closing date and accumulation of unpaid taxes, fees and penalties;
and
WHEREAS, the City of Schertz, as the municipal taxing entity and purchaser of the
property has the authority to waive the collection of fees and penalties on taxes owed to the City of
Schertz; and,
WHEREAS, the City Council hereby finds that the unusual delays and uncertainty in the
closing of the sale of the subject property merit the waiver of the fees and penalties associated with
taxes owed to the City of Schertz, at the time of closing, and in so doing, a public purpose is served;
and,
WHEREAS, the City Council encourages other taxing entities who have penalties and fees
accumulated on taxes owed to the entity to consider waiving same if allowed by, and in accordance
with the laws applicable to said entities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council of the City of Schertz Texas hereby waives the penalties
and interest in the amount of $8,443.24 that have accumulated on property located at FM
78 and FM 3009, specifically property IDs R67546 and R33832, that is under contract to be
purchased by the City of Schertz, at the time of closing, and authorizes the City Manager to
execute any necessary documents to accomplish said waiver in a manner authorized by law
and approved by the tax collection attorneys with whom collection rests.
Section 2. The City Council authorizes Mayor Gutierrez to show formal support for
other taxing entities to consider waiving their respective property tax late penalties and
fees on the subject property, if and as authorized by their governing statutes, at the time of
closing of a sale of said property to the City of Schertz.
Section 3. 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 the City Council.
Section 4. 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.
Section 5. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the
City Council hereby declares that this Resolution would have been enacted without such
invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution,
was given, all as required by Chapter 551, Texas Government Code, as amended.
Section 8. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 71h day of February, 2023.
CITY OF SCHERTZ, TEXAS
ATTEST:
1'b 4XIL IIA4��
Sheila Edmondso , City Secretary
CITY OF SCHERT'Z
Office of the Mayor
City Hall, Schertz
Ralph Gutierrez
Mayor
February 2, 2023
Subject: Property Tax — Penalties and Interest
It is with great pleasure to provide this letter on behalf of Mr. Alejandro Medina, regarding
property on FM 78 Guadalupe County Property ID# 67713 (34.815 acres) and ID #67714 (5
acres). Mr. Medina has been supportive and patient with the City of Schertz regarding the
purchase of the property. The property is vital to future road expansion for FM 3009 connecting
IH-35 and I14-10. This road will provide a secondary access to the southern part of our city
Schertz. It has been along journey for Mr. Medina and as you may know working with a
municipality is time consuming. These negotiations have been in process for over 3 years with
COVID-19 related delays, surveys (to include TXDOT), appraisal, and working with City
Council on numerous occasions to solidify the purchase of the property. We have reached a final
agreement and will soon be closing and transferring title.
While Mr. Medina has been patient and understanding with the excessive time delaying process
the property has accumulated property tax dated a few years back. I request the reconsideration
of any penalties and interest which also accumulated due to our lengthy negotiating process.
With the highest respect for Mr. Medina's patience, it is my honor to provide this
recommendation letter and sincerely hope some type of agreement is possible.
For further inquiry, or additional details I can be reached at 210-376-9231 or by email:
ralphgutierrez@schertz.
r?
, r7wd,
Community. Service. Opportunity.
1400 Schertz Parkway Schertz, Texas 78154 210-619-1040
Signature Below indicates approval of the waiver.
Please waive the Texas Property Taxes Interest and Penalties for:
The City of Schertz:
The Guadalupe County:
Schertz Cibolo, Universal City 1SD
Ralph Gutierrez, Mayor City of Schertz
Kyle Kutscher, Guadalupe County Judge
Dr. Clark Ealy, SCUCISD Superintendent