28 - Forgiving a Dangerous Structure Abatement Lien assessed agains property at 339 W. KaufmanItem No. 28
Memorandum
TO: Mayor & City Council
FROM: Grayson Path, City Manager
SUBJECT: Dangerous Structure Lien — 339 W. Kaufman
Consideration for forgiving Lien
DATE: December 14, 2020
BACKGROUND:
On November 25, 2014, a lien was placed against the property located at 339 W. Kaufman for
demolition and cleanup of a dangerous structure that occurred on September 1, 2014, at the
expense of the City of Paris. The owner of the property then sold the property to Mr. David Alarid
in 2016, but this lien was not addressed at that time.
STATUS OF ISSUE:
Mr. Alarid has restored the existing church structure on the adjoining lot (357 W. Kaufman) and
installed a parking lot on the 339 W. Kaufman lot, adding to the historic character of the City and
increasing the taxable value of both properties. Mr. Alarid has asked that the City forgive the lien
and interest accrued on the property.
Pursuant to City Code 7-54(b): "If the City incurs expenses under this section, the City may assess
the expenses on, and the City has a lien against (unless it is a homestead as protected by the Texas
Constitution), the property on which the building or structure was or is located. The lien is
extinguished if the property owner or another person having an interest in the legal title to the
property reimburses the City for the expenses [... ]"
A Structure Lien can therefore only be satisfied either by payment in full or if forgiven by action
of the City Council.
Mr. Alarid has performed a significant amount of improvement on both 339 W. Kaufman as well
as 357 W. Kaufman, the two being separate parcels, but 339 W. Kaufman now serving 357 W.
Kaufman as a new off-street parking lot. There have been no further nuisance violations with 339
W. Kaufman under the ownership of Mr. Alarid. The work Mr. Alarid has performed appears to
add to the Historical Value of both the property and neighborhood. And this property was not
owned by Mr. Alarid at the time of the nuisance abatement of 339 W. Kaufman.
City Staff believes there to be a public purpose in support of forgiving this lien, as laid out in the
attached Resolution.
BUDGET:
The total current value of the 339 W. Kaufman Structure Lien is $6,994.82 plus accrued interest.
OPTIONS:
1. Approve the resolution to forgive the structure lien for 339 W. Kaufman.
2. Forgive a portion of the structure lien such as only interest or some other amount.
3. Request additional information to be brought back at a future City Council meeting.
4. Reject the resolution to forgive the structure lien.
RECOMMENDATION:
1. Approve the resolution to forgive the structure lien for 339 W. Kaufinan.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
FORGIVING A DANGEROUS STRUCTURE ABATEMENT LIEN ASSESSED
AGAINST THE PROPERTY LOCATED AT 339 W. KAUFMAN; FINDING A
PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, on November 25, 2014, a lien was entered against the property located at 339
W. Kaufman for demolition and cleanup of a dangerous structure that occurred on September 1,
2014 at the expense of the City of Paris; and
WHEREAS, the City filed a lien for the expenses incurred by the City related to the
demolition and clean up of the property with the Lamar County Clerk's Office under lien number
120526-2014; and
WHEREAS, the property is now owned by David Alarid who purchased it after demolition
of the dangerous structure and without notice of said lien; and
WHEREAS, given the above, the City Council finds that there is a public purpose in
forgiving the $6,994.82 lien plus accrued interest on the property located at 339 W. Kaufman in
that Mr. Alarid has restored the existing church structure on the adjoining lot and installed a
parking lot on the instant lot thereby adding to the historic character of the city and increasing the
taxable value of both properties;
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 forgives the lien for $6,994.82 plus interest on the
property located at 339 W. Kaufman
Section 3. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 14th day of December, 2020.
Steven J. Clifford, M.D. Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney