City of Hampton - File #: 17-0025

• File #: 17-0025
• Version: 1
• Name: Appropriation of Unassigned General Fund Balance
• Type: Resolution-Budget
• Status: Passed
• File created: 1/13/2017
• In control: City Council Legislative Session
• On agenda: 1/25/2017
• Final action: 1/25/2017
• Title: Resolution Appropriating $5,354.87 from the Unassigned Fund Balance of the General Fund to the Fiscal Year 2017 Operating Budget of the City Attorney as Authorized by Code of Virginia §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
1/25/2017	1	City Council Legislative Session	approved	Pass

Title
Resolution Appropriating $5,354.87 from the Unassigned Fund Balance of the General Fund to the Fiscal Year 2017 Operating Budget of the City Attorney as Authorized by Code of Virginia §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 these sales. Prior to 2015, sales in Hampton were conducted by outside counsel. Outside counsel took their fees from the sale 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 September 15, 2016, the Treasurer, with the assistance of the City Attorney conducted an auction for sale of certain properties, including (1) 237 Pocahontas Place (LRSN: 1003595), an improved parcel with a current assessed value of $110,600; and (2) 17 Lacrosse Street (LRSN: 12002725), an unimproved parcel with a current assessed value of $13,300. By Order entered by the Circuit Court of the City of Hampton on October 4, 2016 in Case No. CL16-1165, the court allowed attorneys’ fees in the amount of $5,250.00 for the sale of 237 Pocahontas Place. In addition, by Order entered by the Circuit Court of the City of Hampton on November 18, 2016 in Case No. CL15-2190, the court allowed ...