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Home My WebLink AboutItem 20 - LiensMEMO TO: FROM: MEETING DATE SUBJECT RECOMMENDATION: ITEM !�1�� HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER *,/ AUGUST 6, 2001 ORDINANCE RELEASING LIENS City Council to consider an Ordinance authorizing the release of liens for property known as Tracts 30K and 30W, located at 311 Jones Street, Grapevine. FUNDING SOURCE: No funds are required for implementation of this ordinance. BACKGROUND: Recently, staff was contacted by Mr. Marvin Balvin regarding liens which were filed on his property known as 311 Jones Street in Grapevine, which consists of lots 30K and 30W of Abstract 946. Mr. Balvin advises that he will pay all costs and associated penalties in place from liens solely for Tracts 30K and 30W of Abstract 946. He does, however, deny responsibility for liens which were inadvertently filed on neighboring tracts and which were indicated to be for 311 Jones Street. The ordinance being considered by the Council will release the liens on 311 Jones Street for liens originating on Tracts 30B, 30N, 30U and the Henry Jones lien which includes a portion of Tracts K and W. The liens released are as follows: Dec. 5, 1995, Abstract 946, Tracts 30K, 30B, 30N, 30W $117.00 July 7, 1995, Abstract 946, Tract 30B $699.00 March 5, 1996, Abstract 946, Tract 30U $554.25 March 5, 1996, Abstract 946, Tract 30N $554.25 These tracts are tracts adjacent to property owned by Mr. Balvin at 311 Jones Street. The lot notations on the citations conflict with the actual plat records, thereby resulting in the inadvertent placement of liens on 311 Jones Street for fines originating on neighboring tracts. It appears, therefore, that the lot notations on the above referenced liens were in error. In order to clear Mr. Balvin's title for 311 Jones Street, it is necessary for the City to release the liens listed above. Staff recommends approval WAG/cjc Kagmbalvinlien August 1, 2001 (3:43PM) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE RELEASE OF LIENS FOR PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 11.13, of the City of Grapevine Charter authorizes the City Council to remit in whole or in part any penalty belonging to the City; and WHEREAS, the City filed a series of liens against the property now known as 311 Jones Street for the collection of costs for Code of Ordinance violations; and WHEREAS, the property known as 311 Jones Street consists of Tracts 30K and 30W of Abstract 946; and WHEREAS, included in the liens filed by the City against the property known as 311 Jones Street are costs which originated from neighboring tracts in the subdivision; and WHEREAS, the current owner will be required to pay all costs and associated penalties previously in place for Tracts 30K and 30W of Abstract 946, also known as 311 Jones Street, as a condition prerequisite to receiving any accommodations provided for herein; and WHEREAS, the current owner of 311 Jones Street has requested the release of the remaining City -assessed liens on the property which were filed for charges that originated from neighboring tracts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated into this ordinance as if copied in their entirety. Section 2. The City Manager, or his designee, is authorized to remit the charges and any accrued penalty or interest for the liens filed by the City against 311 Jones Street for charges originating on any lot besides Tracts 30K and 30W of the subdivision. Section 3. The City Manager, or his designee, is authorized to release the liens against 311 Jones Street for charges which originated on any lot besides Tracts 30K and 30W of the subdivision. Section 4. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 5. Any person violating any of the provisions of this. ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200,00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of August, 2001. oat "SM4 ATTEST: 100 APPROVED AS TO FORM: