HomeMy WebLinkAboutPR 14740: 848 HOUSTON AVENUE - RELEASE OF LIENSinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney rZ-r-ti/( ~~.~-r,/
Date: May 30, 2008
Subject: P. R. No. 14740; Council Meeting June 3, 2008
Attached is P. R. No. 14740 as it pertains to release of
liens at 848 Houston Avenue. The Environmental Health Supervisor
has indicated that the estimated cost to demolish the present
structure is over $37,000, and we still have not received an
invoice from I.C.U. as to monitoring costs. There is also grass
liens of over $1,850. The City Manager has recommended a one (1)
year time frame for construction and the lien and demolition costs
will not be released or waived until the demolition is complete.
MTS:ts
Attachment
cc: Environmental Health Supervisor/Rehab & Demolition Coordinator
VIA FACSIMILE (337) 533-8868
Patrick Bernier, PE
Division Manager
TOPCO SERVICES, INC.
105 Industrial Drive
Sulphur, LA 70663
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RECEIVED
MAY 2 9 2008
LEGAL DEPARTMENT
MEMORANDUM
To: Mark Sokolow, Cit}' Attome}'
CC: City Manager, Lawrence Baker, Director of Community Services, Property File ( ~Q~~ ~ ~
From: Darlene Thomas-Pierce, Em'ixomnental Health Supervisor/Rehab & Demolition Cooxdinatox\~~~i° - "~/
Date: May 29, 2008
Re: 848 HOUSTON AVENUE -ASBESTOS ABATEMENT/DEMOLITION COST
Per your request this morning, please find a breakdown of the costs associated with the asbestos
abatement and demolition of 848 Houston Avenue. As I advised your office today, the project is
incomplete. There is still some mastic that must be removed from the slab, so the monitoring fee is a
rough estimate. Also, the bill fox the TDH asbestos notification fee may not come fox several months.
Asbestos Abatement/Demolition $33,000.00
Title Re ort 90.00
Filing Fee for "Declaration of Dangerous Structure
Affidavit"
16.00
Asbestos Surve' 710.00
AsbestosMonitorin Fce estimated) 2,800.00
Estimated Asbestos Notification Fee 800.00
Total Estimated $37,416.00
Since this property is under an active abatement activity, I would not recommend that any action be taken
until our asbestos consultant (ICU Environmental, Health & Safety) has closed out the project.
If there is anything further, please let me know.
DTP
P. R. No. 14740
05/30/08 gt
RESOLUTION N0.
A RESOLUTION AS IT PERTAINS TO RELEASE OF
LIENS AT 848 HOUSTON AVENUE
WHEREAS, Section 34-88 of the Code of Ordinances indicates
that for liens in excess of $5,000 per lot, the liens, can be waived
at the discretion of the City Council on the showing that the new
c6iistruction value or cost of construction will be at least three
(3) times the value of liens; and
WHEREAS, the City Council received a request for TOPCOR that
they plan to purchase the property at S48 Houston Avenue as to
construct an office and storage facility as denoted in Exhibit "A";
and
WHEREAS, the City has or is in the process of expending funds
for demolition of over $37,000, and there is grass liens of over
$1,850; and
WHEREAS, the City Council desires not to file liens and to
waive the existing demolition costs on the condition that the
purchaser, TOPCOR Services, Inc., will build a facility (office and
storage building) of at least a value of $150,000 within one (1)
year of the date that the release of lien is signed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
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true and correct.
Section 2. That the City Manager is herein authorized
to sign the Release of Lien in substantially the same form as
attached hereto as Exhibit "B", which conditions the release of
the liens (grass liens) and demolition costs on the construction
by the purchaser, TOPCOR Services, Inc., of an office and storage
building at a cost or value of $150,000 within one (1) year, and
TOPCOR Services, Inc. will be required to maintain the property.
Section 3. That the City Manager should not sign the
release of lien until the demolition is completed.
Section 4. That a copy of the caption of this Resolution
be spread upon the Minutes of the Corporation.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
NOES:
Mayor
ATTEST:
TERRI HANKS, ACTING CITY SECRETAKY
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APPROVED AS TO FORM:
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CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
e
CITY MANAGER
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EXHIBIT . "A"
STOP
May 16, 2008
Councilman Willie Louis
City Of Port Arthur
P.O. Box 1089
Port Arthur, TX 77641-1089
RE: 848 Houston Ave
Mr. Louis,
Please take this lerter as a declaration of TOPCOR's intention to purchase the property
at 848 Houston Avenue; Port Arthur, TX 77643. TOPCOR intends on establishing a
secure office and storage facility in the City of Port A~ for the pursuit of
construction work in both the local refineries and also for federal govetnrnent contracts
nationwide. It is our intention to seek out skilled and tmskilled employees from the
local area, establish ties to local supplies, and use local contractors as subcontractors as
required. I look forward to doing work in Port Arthur and thank you for your
cooperation and assistance in this matter.
TOPCOR Port Arthur
848 Houston Ave
port Arthur, TX 77643
A subsidiary of
TOPCOR Companies, LLC
4960 Bluebonnet Blvd
Baton Rouge, LA 70809
7DPCOq COMPANIES ilt
a •~a Thank you, .
TOPCOA SERYfCES, lot.
rOPCOA ALGUSTA CLC
TI7PtiOAa~srroAEttc Patrick Bemiey PE
Division Mam3ger
usrusroNLCC TOPCOR Services, Inc.
105 Indust-ia] Drive
P U. 8er 67a'O Sulphur, LA 70663
Saran Aeuge• [ATOSTB ~ (337) 533-8867 off
(337) 499-4067 cell
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EXHIBIT "B"
RELEASE OF LIENS
THE STATE OF TEXAS
COUNTY OF JEFFERSON
5
WHEREAS, the City of Port Arthur, a Municipal Corporation
duly organized under the laws of the State of Texas, has
heretofore been the owner and holder of a lien or liens upon and
against the property described below, with a street address of
848 Houston Avenue; said lien or liens being more particularly
described as follows:
Labor Lien dated
Film Code No.
Jefferson County,
against
$ (which
being a claim in the amount of
includes interest and fees).
The City hereby releases the above-described lien or liens
heretofore existing against such property and releases demolition
costs on said property, to-wit:
Lot Number in Block Number Addition,
of the City of Port Arthur, Jefferson County, Texas, as said
Addition appears upon a map or plat on file and of record in
the office of the County Clerk of Jefferson County, Texas.
THAT this release is contingent upon the buyer of the
property, TOPCOR Services, Inc., building an office and storage
facility within one (1) year, maintaining the lot and not causing
the City to expend funds therefore, and building an office and
storage facility thereon that will be appraised for over $150,000
or have costs of construction of over $150,000.
IN WITNESS WHEREFORE, the City of Port Arthur has caused by
these presents to be executed by the City Manager, Stephen
Fitzgibbons, duly authorized, and attested by its City Secretary,
Evangeline Green, this day of June, A.D., 2008.
THE CITY OF PORT ARTHUR
By:
a filed under County Clerk's
of the Real Property Records of
Texas, executed by City of Port Arthur
Stephen Fitzgibbons, City Manager
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ATTEST:
Terri Hanks, Acting City Secretary
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
ACKNOWLEDGMENT
THE STATE OF TEXAS 5
5
COUNTY OF JEFFERSON ~
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Stephen Fitzgibbons, City Manager of the City
of Port Arthur, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same as the act and deeds of the City of
Port Arthur, for the purposes and considerations therein
expressed, and in the capacities therein stated.
GIVEN UNDER. MY HAND AND SEAL OF OFFICE,.-this day of
. 2008.
NOTARY PUBLIC'IN AND FOR
THE STATE OF TEXAS
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AGREED TO:
TOPCOR SERVICES, INC.
BY:
DATE:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day
personally appeared ,
known to me to be the 'person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the
same as the act and deed of TOPCO Services, Inc. for the purposes
and considerations therein expressed, and in the capacities
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2008.
Notary Public In And For
The State of Texas
AFTER RECORDING RETURN T0:
CITY OF PORT ARTHUR
Legal Department
P. O. Box 1089
Port Arthur, Texas 77641-1089
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