2019-012 - Declaring Intent to Release Judgment Against Boomer Trends for property located at 260 South Main StreetRESOLUTION N0, 2019-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
DECLARING ITS INTENT TO TO RELEASE A JUDGMENT AGAINST
BOOMER TRENDS MAGAZINE, INC. RELATING TO CIVIL PENALTIES
ASSESSED AGAINST THE PROPERTY LOCATED AT 260 SOUTH MAIN
STREET, PARIS, TEXAS; FINDING A PUBLIC PURPOSE IN SUPPORT OF
SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on August 30, 2012, after notice, publication and hearing as required by
law, the Building and Standards Commission of the City of Paris ordered that owner of the the
structure located at 260 South Main St., otherwise known as the Belford Apartments building
(the `Belford building"), be demolished within 30 days, and assessing civil penalties should the
owner fail to demolish the building as authorized by the. Code of Ordinances of the City of Paris,
Chapter 7, Article III, Section 7-49; and
WHEREAS, the building has not been demolished, and on February 20, 2018, the City
filed suit in Cause No. 87292 against Boomer Trends Magazine, Inc., the owner of the Belford
building, to reduce civil penalties accrued pursuant to said order to judgment, and
WHEREAS, after a trial of the above referenced cause number, the 611, District Court of
Lamar County, Texas entered a final judgment dated August 8, 2018 against Boomer Trends
Magazine, Inc. in the amount of $2,071,000.00 plus interest representing accrued civil penalites
accrued as of that date; and
WHERAS, to satisfy said judgment, the Belford building and adjoining property will be
sold at a Sheriff's sale on April 2, 2019; and
WHEREAS, any purchaser of the Belford building will take said property subject to the
City's judgment described hereinabove; and
WHEREAS, the Belford building is a dangerous structure requiring demolition, or if
possible, rehabilitation; and
WHEREAS, both the demolition or the rehabilitation of the Belford building will require
a substantial expenditure of funds, ranging from several hundred thousand dollars to several
million dollars; and
WHEREAS, since the entry of the demolition order in 2012, the City has not had
sufficient funds to demolish the building itself; and
WHEREAS, in addition to being a critical issue of public safety, the Belford Building is a
significant eyesore located in a major entryway into the City's historic downtown area; and
WHEREAS, the City is in the first year of a ten year plan to revitalize the downtown area;
and
WHEREAS, the City has adopted an economic development program under Chapter 380
of the Texas Local Government Code; and
WHEREAS, the City Council prefers that the Belford building be restored and
rehabilitated if at all possible; and
WHEREAS, given the above, the City Council finds a public purpose in releasing any
portion.of the judgment referred to above not satisfied by the sale of said property upon the
successful completion of demolition or rehabilitation of the Belford building in order to facilitate
the demolition or rehabilitation of a dangerous structure and the enhancement of the appeal of
the downtown area in accordance with the City's downtown revitalization plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. The City Council hereby agrees to release any portion of the Final Judgment in
Cause No. 87292 and the judgment lien associated therewith in the amount of $2,071,000.00 plus
interest which remains unsatisfied after the Sheriffs sale of said property, conditioned upon the
completion of the demolition or rehabilitation of the Belford building under the conditions set
forth herein. Said release is for the public purpose of facilitating the demolition or rehabilitation
of a dangerous structure and enhancement of the appeal of the downtown area in accordance with
the City's plan for downtown revitalization.
Section 3. As a condition of said release, within 6 months of purchase, the purchaser of
the Belford building shall clean up the grounds on the lot upon which said building currently
stands of all rubbish, debris, trash, and overgrown vegetation such that the property meets the
City of Paris Code requirements relating to the accumulation of rubbish and overgrown
vegetation.
Section 4. As a further condition of said release, within 18 months of purchase, the
purchaser of the Belford building shall either demolish said building and clean the lot upon which
it currently stands to meet all City of Paris Code requirements, or, if the purchaser intends to
rehabilitate the building, shall stabilize the fagade such that City of Paris Code Inspectors deem the
structure to not be a danger to the public. Furthermore, in the event that the purchaser stabilizes
the building for rehabilitation within the 18 month period, complete rehabilitation and restoration
of the building such that the City can issue a certificate of occupancy must be completed within 5
years of the purchase in order for the City to release said judgment.
Section 5. To evidence the City Council's preference that the Belford building be
rehabilitated and restored, should a purchaser restore the building to the point where a certificate
of occupancy can be issued within 5 years of the date of purchase, the City will, under its Chapter
380 economic development program, grant the purchaser a one-time incentive of $50,000.00 once
the certificate of occupancy has been issued.
Section 6. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 25th day of March, 2019.
SteveiJ>, lifford, M.D., Mayor
ATTEST:a= UWJ
m ec: lc
cn
to ice Ellis, City Clerk
APPROVED AS TO FORM:
*phaiie
StHarris, City Attorney