On this _______ day of _____________, 2006, a hearing was held pursuant to §§ 151.025 through 151.040 of the code of ordinances of the City of Tool, Texas, to determine whether the building described in this order is a dangerous building as that phrase is defined in § 151.027, and if so, whether or not such building must be vacated, secured, repaired or demolished.
The Building, which was the subject of this hearing, is located on the following described property:
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address subdivision/location
The hearing was held in Tool City Hall, at 701 N. Tool Dr., Tool, Texas. Hon. R. Scott Confer, Mayor, presided, and the entire City Council was present. The persons appearing at the hearing are listed on Exhibit A which is attached hereto and incorporated herein.
All witnesses were present and the Mayor and City Council heard the evidence presented by all parties. By unanimous consent of the Mayor and City Council, the following findings and conclusions were made, as set out in Exhibit B, which is attached hereto and incorporated herein.
It is therefore ORDERED by the Mayor and City Council of the City of Tool, Texas that:
Yes___ No___ This matter be dismissed.
Yes___ No___ This matter shall be reset for a hearing.
Yes___ No___ The owner of this property take the action set out in Exhibit C, which is attached hereto and incorporated herein. SIGNED, on this _____ day of ____________, 2006.
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R. Scott Confer, Mayor THE STATE OF TEXAS, COUNTY OF HENDERSON
Before me, the undersigned authority, on this _____ day of __________, 2006, personally appeared R. Scott Confer, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed, and in the capacity therein stated.
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Seal/stamp Notary Public, State of Texas
EXHIBIT A
The following persons appeared for the City in their official capacities:
R. Scott Confer, Mayor
Leland Pitts, Mayor Pro-Tem
A. J. Phillips, Council Person
Nathan Reeder, Council Person
Mike Black, Council Person
Fran Sonka, Council Person
Michael Howell, Building Official
Warren Loscuito, Chief of Police
Ken Bee, Police Officer
Neva Tankursley, City Secretary
Michelle Hunter, City Clerk
The following persons claiming an interest in the property appeared at this hearing:
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In addition, the following persons appeared in regard to the subject of this hearing:
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EXHIBIT B
The official records of the County in which the property is situated indicate that the following persons are owners of the property described in this Order:
1. And that the following persons are mortgagee or lien holder on the said property:
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2. In addition the following persons may have or claim to have an ownership interest in the property:
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3. And the following persons may have or claim to have an ownership interest in the property:
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4. The following persons although listed in the records, stated that they no longer have an interest in the property:
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Yes___ No___ Notice was given pursuant to § 151.030
2. The building on the property described in this order, which is the subject of this hearing, is:
___________________________________________________________________, Tool, Texas.
address/physical location
Yes___ No___ The building is dilapidated, substandard or unfit for human habitation.
Yes___ No___ The building constitutes a hazard to the health, safety or welfare of its occupants and/or citizens.
Yes___ No___ The building is a dangerous building within the terms of Section _____ of the above stated Ordinance.
SECURE, REPAIR OR DEMOLISH
UPON THE EARLIEST DATE OF ANY FAILURE BY THE OWNER TO TIMELY COMPLY WITH THIS ORDER OR UPON THE EARLIEST DATE OF ANY FAILURE BY THE MORTGAGEES/LIENHOLDERS TO COMPLY WITH THE ORDER (IF APPLICABLE), THE CITY OF TOOL SHALL BE AUTHORIZED TO COMPLETELY DEMOLISH AND REMOVE SAID BUILDING.
IF THE CITY OF TOOL DEMOLISHES AND REMOVES THE BUILDING PURSUANT TO THIS ORDER, THE CITY SHALL BE ENTITLED TO PLACE A LIEN ON SUCH PROPERTY FOR ALL FURTHER ADMINISTRATIVE EXPENSES AND DEMOLITION COSTS INCURRED BY REASON OF SUCH DEMOLITION TOGETHER WITH INTEREST AS PROVIDED BY LAW.
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(Ord. 2006-1116, passed 12-7-2006)