City of Hampton - File #: 17-0263

• File #: 17-0263
• Version: 1
• Name: Appropriation of Unassigned General Fund Balance
• Type: Resolution-Budget
• Status: Passed
• File created: 7/25/2017
• In control: City Council Legislative Session
• On agenda: 8/9/2017
• Final action: 8/9/2017
• Title: Resolution Appropriating $17,740.00 in Court-Awarded Attorneys' Fees for Judicial Tax Sales to the Fiscal Year 2018 Operating Budget of the City Attorney as Authorized by Virginia Code §58.1-3969
• Indexes: Annual Budget Appropriations
• Code sections: 58.1-3965 - When land may be sold for delinquent taxes; notice of sale; owner's right of redemption, 58.1-3969 - Order of reference; appointment of special commissioner to make sale; costs; attorney fees

Date	Ver.	Action By	Action	Result
8/9/2017	1	City Council Legislative Session	approved	Pass

Title
Resolution Appropriating $17,740.00 in Court-Awarded Attorneys' Fees for Judicial Tax Sales to the Fiscal Year 2018 Operating Budget of the City Attorney as Authorized by Virginia Code §58.1-3969

Purpose
PURPOSE/BACKGROUND:
The Treasurer has the authority to sell land for delinquent taxes in accordance with Code of Virginia §58.1-3965 et. seq. Those sections require the filing of suit and the appointment of a special commissioner to conduct the sale of the property by auction. Pursuant to Code of Virginia §58.1-3969, the court shall allow as part of the cost payable from the proceeds of such land sales a reasonable sum to defray attorneys’ fees and other expenses related to such suits. The majority of localities employ outside counsel to conduct those sales. Prior to 2015, sales in Hampton were conducted by outside counsel. Outside counsel took their fees from the sale proceeds prior to the satisfaction of delinquent taxes for the properties. Beginning in 2015, the arrangement with outside counsel was terminated and the process was brought in house for the City Attorney and her staff to personally assist the Treasurer with this process. The City Attorney’s office only receives attorneys’ fees if there are surplus funds after the delinquent taxes on the properties are paid.

On December 15, 2016, the Treasurer, with the assistance of the City Attorney, conducted an auction for sale of certain properties, including (1) 101 Wilson Lane (LRSN: 12005601), an improved parcel with a current assessed value of $98,900.00; and (2) Beverly Street parcel (LRSN: 8003105), an unimproved parcel with a current assessed value of $1,800.00.

By Orders entered by the Circuit Court of the City of Hampton on March 22, 2017 and April 13, 2017, the Court ordered attorneys’ fees as follows: (1) in Case No. CL16-1810 in the amount of $5,550.00 for the sale of 101 Wilson Lane; and (2) in Case No. CL16-1808 in the amount of $440.00 for the sale of the Beverly Street parc...