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10-20-1992 (City Council) Agenda Packet AGENDA WORK S E S S I ON WYLIE CITY COUNCIL OCTOBER 20, 1992 7:00 P.M. MUNICIPAL COMPLEX Call to Order Worksession Items 1 . Update on Code Enforcement Initiatives 2. Discuss Meals on Wheels Program 3 . Discuss Inventory Controls Improvements 4. Discuss Economic Goals and Objectives and View Development Corporation Video 5. Discuss Status of Delinquent Tax Accounts 6. Management Update Adjournment Vida.ed Mary A. N' ./ 1 , City Secret Posted ' 4, , 1992 at 6o .M. Vytie CITY OP' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE. TEXAS 75098 214-442-2236 MEMORANDUM DATE: October 20 , 1992 TO: Steve Norwood, City Manager FROM: Brady Snellgrove,rove, Finance Director SUBJECT: Tax Status Reports From Nichols , Jackson, Kirk & Dillard The City ' s tax attorneys , Nichols , Jackson, Kirk & Dillard (referred to hereafter as the "Firm") has supplied two reports to us . The first report is a recommendation for deleting some personal property accounts from our tax roll . The second report is an update of the various accounts the Firm is working on. The first report is accompanied by a letter from the Firm detailing the reasons for recommending the write-off of specific personal property tax accounts . Attached to this letter is a list of the accounts to be deleted. This recommendation does not require a vote by the City Council to implement . However , the staff feels that this is information the Council should be made aware of and informed about the reasons for the account deletions . The write-off amount is $21 , 327 . 93 and includes tax years from 1981 through 1987 . The other report lists the litigation status of the various accounts the Firm is currently working on. This status report is a listing of the defendant, tax accounts , case numbers, and the status of the case. This report is was submitted to staff as an informational update on what accounts the Firm is actively pursuing. NICHOLS, JACKSON, KIRK & DILLARD (Formerly Sallinger, Nichols,Jackson, Kirk& Dillard) Attorneys & Counselors at Law LAWRENCE W.JACKSON 1800 Lincoln Plaza ROBERT E.HAGER TIM KIRK PETER G.SMITH ROBERT L.DILLARD III 500 N. Akard JOHN PIERCE GRIFFIN ROBERT D.HEMPHILL Dallas,Thxas 75201 DAVIO M.BERMAN (214)954-3333 JOHN F.ROEHM III ROBERT L.DILLARD,JR. Facsimile(214)954-3334 BRUCE A.STOCKARD H.LOUIS NICHOLS CHRISTINA A.MELTON OF COUNSEL September 16, 1992 Prudence Kling Tax Assessor/Collector City of Wylie 2001 Highway 78 Wylie, Texas 75098 Re: Deletion of Tax Accounts from Delinquent Tax Roll Dear Prudence: This correspondence is to recommend a policy for the City to cancel or write-off certain uncollectible accounts from the tax roll. Article III, Section 55, of the Texas Constitution prohibits the legislature from releasing or extinguishing debts owed to political subdivisions except taxes which have been due for at least ten years. In addition to this section,other provisions require taxation to be equal and uniform (Art.VIII,§ 1) and prohibit waivers of taxes by the legislature except in cases of"great public calamity." (Art. VIII,§ 10). It has often been thought that a taxing jurisdiction is prohibited from deleting taxes from a tax roll since it may be interpreted as violating the constitutional mandate of equal and uniform taxation. See,e.g.,Tex.Atty.Gen.Op. WW-107 (1957). Section 33.05 of the Texas Property Tax Code indicates that no suit for collection shall be filed after the limitations period expires and that a tax which remains uncollected after this period is presumed paid. In addition, a taxing jurisdiction must cancel and remove from its delinquent tax roll a tax on real property that has been delinquent for more than twenty years or a tax on personal property that has been delinquent for more than ten years, if there is no pending litigation concerning the taxes at the time of the cancellation and removal. The provision is mandatory and does not require prior approval by the governing body of the tax unit. The limitations period for personal property is four (4) years. For real property, the period is twenty (20) years. For mobile homes, the limitations period may be either 4 or 20 years, depending on whether the mobile home owner also owns the real estate. Typically, it should be assumed that the 4-year period applies. In accordance with Section 33.05(c) of the Code,the tax assessor-collector must delete all real property accounts for tax year 1971 or prior and all personal property/mobile home accounts for tax year 1981 or prior. This can be done automatically without City council approval. As a legal and practical matter,many personal property and mobile home accounts become uncollectible for a variety of reasons, not the least of which is an inherent difficulty in enforcing the tax lien. As often happens,the taxpayer may be insolvent or a forfeited corporation or an individual whose whereabouts is unknown and can not be identified after diligent and exhaustive inquiry. Even if we had a more accurate description of the property from the appraisal district, it may often have been destroyed, sold or foreclosed on by unknown parties years before. If the tax lien does not appear on the face of the certificate of title of a manufactured home, the lien is extinguished and unenforceable. Since the collection of such accounts is often impossible, no purpose is served by maintaining the account on the roll for the full ten years. Prudence Kling Page 2 The former State Property Tax Board has in the past advised that uncollectible accounts may be deleted from the roll under certain circumstances. If,after diligent inquiry,the tax unit's collection attorney recommends the deletion, then a tax unit may write off its older uncollectible accounts. This approach is the most rational policy. The cancellation of an uncollectible account is not unequal or non-uniform since it does not result in a disproportionate shifting of the tax burden. Our recommended procedure is the adoption of a policy whereby no real property accounts are removed from the tax roll unless the account has been delinquent for at least twenty years or any further collection attempts would be ineffectual for a unique reason(e.g.,a partial discharge in bankruptcy). For personal property and mobile home accounts, no account should be maintained for over ten years. They should be kept on the delinquent tax roll or a supplemental roll for at least four years or until a written recommendation is received from tax collection counsel advising the deletion of the account. The conclusion that the account is uncollectible must be based on the completion of a diligent inquiry or investigation. If a properly recorded lien exists on a mobile home, the account should be retained on the roll for at least four years unless the home has been destroyed. For any accounts which are removed prior to the mandatory 20-or 10-year period imposed by Section 33.05(c) of the Code,City council approval should first be obtained. This should be treated as a consent agenda item. Attached hereto is a list of accounts which we recommend the City delete from its delinquent tax roll. After diligent inquiry and investigation,we have concluded that there are no reasonable expectations of recovery. Should you have further questions, please do not hesitate to contact me. Thank you for your attention herein. Sincerely, NICHOLS, JACKSON, KIRK& DILLARD BY: � David . erman DB/cc ends: DELIQUENT TAXPAYER OVER $1, 000 . 00 BASE ONLY (AS OF 09/30/92) NAME AND ACCOUNT YEARS AMOUNT P9000-285-0338-i Super Fresh Food Store 1986-88 $3, 858 .75 (In Bankrupcy) R6022-000-0050-1 1987-91 20, 990 .79 P9000-286-0018-1 1988-90 Myco Concrete R6266-000-0030-1 1988-91 5, 799 . 43 P9000-270-3179-1 Chemical Recycling R1169-012-001A-1 1991 2, 644 . 50 Ari Berger R1437-001-0020-1 1990-91 2, 294 . 57 Raymond Sweeney (On a Payment Plan) Various Accounts 1988-91 4, 121 . 97 Don Kreymer R1156-002-0050-1 1986 1, 380 . 84 Nirmal Nilvi R1169-033-002B-1 & 4B-1 1991 590 . 57 R1156-003-0310-1 1990-91 1, 331 . 86 Melvin St. John R1169-007-0060-1 & Personal 1988-91 6, 415 . 43 Johnston, Inc. (In Bankrupcy) R1504-005-0060-1 1988-91 2, 192 . 16 R1504-005-0020-1 Steve Young Custom Home Various Accounts 1987-91 3, 831 . 60 James Stanley Investments R1955-00B-0010-1 1990-91 1, 862 .06 Page 1 DELIQUENT TAXPAYER OVER $1, 000 . 00 BASE ONLY (AS OF 09/30/92) NAME AND ACCOUNT YEARS AMOUNT George Schuler Various Accounts 1987-91 2, 531 . 39 Tembar Corp. Various Accounts 1987-91 12, 837 . 55 Myran Corp. R2057-000-017A-1 1987-91 2, 456 . 11 Charles Irwin R1182-000-0010-1 thru 0050-1 1990-91 4, 922 . 56 Rosemary Domecki Trustee R6266-000-0230-1 1990-91 2, 274 . 89 Wylie Commerical Investment #2 R6266-000-0240-1 1986-91 8, 797 . 64 Wylie Commerical Investment #1 R6660-000-0090-1 1987-91 1, 967 . 73 Robert Rogers R6267-000-0060-1 1991 26, 554 . 41 Physician's Regional (On a payment plan) R6696-000-0250-1 & 0320-1 1988-91 2, 633 . 63 David Rochester R6820-000-0400-1 1989-91 12, 961 . 86 Independent Bank R6820-000-0090-1 1987-91 3, 159 .28 Jack Sweet Various Accounts 1991 1, 127 . 92 Mullen Development R1173-002-0030-1 1988-91 1, 083 . 32 Jerry Cooper Page 2 October 16, 1992 To: Brady Snellgrove, Finance Director From: Jim Holcomb, Purchasing Agent Re: F.Y. '92 Physical Inventory The following is a summary of the annual inventory of consumable supplies. The physical count was performed September 28-30. Streets $ 8,829.34 Fleet 2,516.59 Fuel 2,695.40 General Fund Total $14,041.33 Utilities $26,925.30 Grand Total $40,966.63 Total dollar values at the end of fiscal '91 were as follows. General Fund $13,561.71 Utility Fund $37,911.37 Grand Total $51,473.08 copy: Steve Norwood Equipment Inventory 9/28/92 Fleet arc welder, Forney F260 grinder, Milwaukee Cl1A bench grinder, Craftsman 257-192190 cutting torch, Harris air compressor, Ram drill press, Guardian Power BDM-58-5s headlight tester, Bear 560 engine hoist, Ramco 5000 bumper jack, Walker 93696 jack, Lincoln 20 ton mod. 93731 tire changer, Coats 028-000700 4040SA lube gun, air operated battery charger, Snap On YA167B floor jack, Matco AM-200-FJM 2 ton ice machine, Manitowac EB60 Equipment Inventory 9/28/92 Streets transit w/stand 2- 4 ft. level traffic counter, K-Hill power auger, Stihl gas powered heater, Sears 30,000 btu back pack sprayer 2- chain saw, Stihl 5- bolt cutters measuring wheel 2- line trimmer, Tanaka concrete vibrator, Wyco s/n 292153 tool chest, Craftsman 2-walkie talkie, Realistic concrete saw, Target self-propelled rotary hammer drill, Black and Decker Equipment Inventory 9/29-30 Utilities generator, Honda 254 Wacker Packer line trimmer, Snapper line trimmer, John Deere 300G line trimmer, Stihl FS160 cut-off saw, Stihl pump, Wacker 4" 16 HP boring machine, Honda pump, Homelite Waterbug pump, Homelite 2" pump, Paco 40 hp submersible escape system, Arap ventilator, General 25918 manhole ladder manhole grabbit 2- spare vacuum pumps pump, submersible mixer cable hoist pike pole, 20 ft. gas detector, Enmet emergency oxygen kit mandrel kit, 6"-12" air pack system w/3 bottles,3 harnesses,2 masks ?cv. -4 +Zatv4.aw10 /3i3 EQUIPMENT INVENTORY 1991/ 1992 \I e..uv-- INUMBER IDESCRIPTION/MODEL IOCT INOV IDEC IJAN FEB IMAR IAPR IMAY IJUN IJUL IAUG ISEP VA$-1I 2 ' SNAPPER MOWER/21500C I I I I I I I I I I I I I `c'k i3I 3 ' FLAIL MOWER I I I I 1 I I I I I I I 1 1c$y I 5 ITROY BILT TILLER I 1 ` I I I I 1 I I I I 1 I `RS9 I 7 I SOLO B/P SPRAYER 4 GAL I I I I . I I I I I I I I I `c c I I 9 ' GRAVITY FLOW B/P SPRAYER 5 GAL ' I I I I I I I I I I 1 I \9OQI 14 ISHINDAIWA HEDGE TRIMMER/ SH2OU I I I I I I I I I I I I I lc'vo�� I 15 IHERBIE SPRAYER W/ATTACHMENTS I I I I I I I I I I I I I 1qq pI 17 IRED MAX BLOWER/EB430 I I I I I I I I I I I I I `Ct<0I 19 ' SPRAYER -100 GAL/B1723 I I I I I I I I I I I I I `;V$% I 20 ITRAILER-7FT-SHOP MADE I I I I I I I ---- I ---- I ---- I ---- I ----I - --- I 1014-1I 21 ! SNAPPER LINE TRIMMER I I I I I I I I I I I I I V15111 25 ' J . DEERE LINE TRIMMER/ 300G I I I I I I I I I I I I I Vqi6' 27 ' SNAPPER MOWER I I I I I I I I I I 1 I I ,cla oI 30 ISCAG MOWER/SWZ-14KH I 1 1 I I I I I I I I I I 1959I 32 ISTIHL LINE TRIMMER/FS160 1 1 1 1 1 1 1 1 1 1 1 1 1 i + +____+____+____+____+____+____+____+____+____+____+____+____+ ( NUMBER IDESCRIPTION/MODEL / y ec,v- IOCT INOV IDEC IJAN IFEB IMAR IAPR IMAM IJUN JULI 'AUG I £EP + I�� I I i I I DIXIE CHOPPER MOWER _4 .-T1AG� ____.}.____+----+ + + I I i I I I I ( I I 34 ( POWER TRIM EDGER/ 300 k.°icI a I I I I I 36 ( BOLT CUTTERS 1 I I I t I I I I + I i 1 I I I I I I I I I I 37 I HERD SPREADER/GT 77 . `c1�c' I I p E 1 3 I I I I I I I + + i I 201 ( TRAILER - 14 FT I I I I . I I 203 IJ . DEERE TRACTOR/2350 1984 1()\ile-V- 1151:4041.AJ2/241.12-1I0C.O11404.211 _-_+____+____+ + I 206 (WATER CANNON ka7c)1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I . + I I I I I I I I I I I I---- I ____I + + I I I I I I I I I I I I i I I +----+----+----+----+----+____+----+----+____+-___+____+____+ I I + + I I I I I I I I I I I I I SERIAL NUMBERS #2 - 24087469 #21 - 164920 #33 - 360989 #3 - P00025A630345 #25 - TY300GA00584 #34-A55012 #5 - 488068 #27-1519220169018605200 #37-G1500 # 14 - 5001298 #30 - 1493 #200 - 1GCDC14DXDS128820 #17-958827 #32-4119D-35 #203 - L02350G472100