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08-B Lot Lien Release DRAFT F:A TTORNEY\RESWORK\CURRENT\ LotLien Release Res November 2, 2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN IN A DISCOUNTED AMOUNT OF $3,800.00 PAID BY THE TEMPLE OF DELIVERANCE CHURCH AS FULL AND SATISFACTORY PAYMENT FOR A CITY TEAR-DOWN LIEN ON PROPERTY LOCATED AT 552 GRAHAM STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas, by and through its Building & Standards Commission, and following due notice to the owner, Patsy Nelson, did order said owner to demolish a structure or structures located on City Block 53, Lot 5; and, WHEREAS, upon the failing of the aforesaid owner, Patsy Nelson, to comply with said order, the City of Paris, in accordance with Article III, Chapter 7 of the Code of Ordinances of the City of Paris, and Vemon's Texas Code Annotated, Health & Safety Code, Chapter 342 did therefore demolish and remove a structure or structures upon City Block 53, Lot 5; and, WHEREAS, having undertaken said demolition and removal, and again pursuant to state law and City ordinance, the City of Paris did place a lien on said property in the full amount of the cost of such demolition and removal, the same being $7,600.00; and, WHEREAS, subsequent to said demolition, the property owner has conveyed by separate instrument said owner's interest in the aforesaid City Block 53, Lot 5, to the Temple of Deliverance Church, located at P. O. Box 1501, Terrell, Texas 75160, by and through its Pastor, Robert Turner; and, WHEREAS, the aforesaid Temple of Deliverance Church intends to incorporate the aforesaid property into and to use same in furtherance of church activities, the aforesaid church property being located immediately adjacent to and contiguous with City Block 53, Lot 5; and, WHEREAS, the aforesaid Temple of Deliverance Church has petitioned the City of Paris to release the aforesaid demolition and removal lien from City Block 53, Lot 5, for a discounted amount of $3,800.00 cash; and, WHEREAS, the City Council of the City of Paris, Paris, Texas finds and determines that to release the aforesaid lien, thereby allowing the Temple of Deliverance Church to utilize said property in the furtherance of its church activities and thereby relieve the City of Paris of any further necessity to care and maintain for said property, would be in the best interest of the citizens of the City of Paris and in furtherance of the health, safety, and welfare of the City of Paris; NOW, THEREFORE, y I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Manager shall be and he is hereby authorized to execute a release of lien or other instrument in such form as the City Attorney shall approve, thereby releasing a Dangerous Structure Abatement Affidavit of Lien found in Volume 1542, Page 26 of the Real Property Records of Lamar County, Texas for City Block 53, Lot 5, in exchange for payment of $3,800.00 by the Temple of Deliverance Church. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 7th day of November, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney T I