CITY OF EL PASO, TEXAS REQUEST FOR COUNCIL ACTION (RCA)

DEPARTMENT: Environmental Services AGENDA DATE: March 10, 2009 CONTACT PERSON/PHONE: Ellen A. Smyth, P.E., (915) 621-6719 DISTRICT (S) AFFECTED: Districts 2, 4, 6, 8

SUBJECT:

Approve a resolution to place a lien for non-payment of property clean-ups BACKGROUND / DISCUSSION: 3737 Fred Wilson – property was cleaned on October 2 & 7, 2008 (District 2)

4021 Johnson Avenue – property was cleaned on October 27, 2008 (District 2)

3830 Johnson Avenue – property was cleaned on October 20, 2008 (District 2) Lot(s) 2 (11706.21 SQ FT), Block 13, Sahara Subdivision – property was cleaned on October 16, 2008 (District 4) 310 Guadalajara Street – property was cleaned on October 20, 2008 (District 6)

9230 Santa Rosalia Court – property was cleaned on October 15, 2008 (District 6)

3029 Tularosa – property was cleaned on October 14, 2008 (District 8) PRIOR COUNCIL ACTION:

N/A AMOUNT AND SOURCE OF FUNDING:

N/A

BOARD / COMMISSION ACTION:

N/A

*******************REQUIRED AUTHORIZATION******************** LEGAL: (if required) Josette Flores FINANCE: (if required) __________________________ DEPARTMENT HEAD: ________________________________________________________________________

(Example: if RCA is initiated by Purchasing, client department should sign also) Information copy to appropriate Deputy City Manager

APPROVED FOR AGENDA: CITY MANAGER: ______________________________________________ DATE: _______________

RESOLUTION

WHEREAS, in accordance with Section 9.04.380 of the El Paso Municipal Code,

entitled Abatement, AMIGA MIA INC., referred to as owner, regardless of number, of the

hereinafter described property, was given notice that said property constituted a public nuisance

due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or

unsanitary matter in violation of Chapter 9.04 of the El Paso Municipal Code; and the owner

failed to comply with due notices. In accordance with El Paso Municipal Code 9.04.380, the

Department of Solid Waste Management proceeded to clean and dispose of the trash, vegetation,

weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the

cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF EL PASO:

1. The City Council determines the actual cost of removing the accumulated trash,

vegetation and weeds or other rubbish located on said property, being:

3737 Fred Wilson, more particularly described as Lot(s) 1 to 4 & 47 FT ADJ ON E (17640 SQ FT), Block 73A, Logan Heights Subdivision, El Paso, El Paso County, Texas, Parcel #L447-999-073A-3300

to be $537.89, performed by the Environmental Services Department of the City of El Paso, and, the

cost of recording the Resolution in the office of the El Paso County Clerk, $24.00, total to wit,

making a total of FIVE HUNDRED SIXTY ONE AND 89/100 DOLLARS ($561.89). The City

Council finds that the work was completed on the 2nd and 7th day(s) of October, 2008, and approves

the costs described herein.

2. The City Council, in accordance with Section 9.04.380 of the El Paso Municipal

Code, declares the above total amount FIVE HUNDRED SIXTY ONE AND 89/100 DOLLARS

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($561.89) to be a lien on the above described property, said amount being due and payable within

ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%)

interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this

Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above

described property are made a part of this Resolution by reference.

PASSED AND APPROVED this day of , 2009.

CITY OF EL PASO John F. Cook Mayor ATTEST: Richarda Duffy Momsen City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Josette Flores Ellen A. Smyth, P.E., Director Assistant City Attorney Environmental Services Department

(ACKNOWLEDGEMENT ON FOLLOWING PAGE)

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ACKNOWLEDGEMENT

STATE OF TEXAS ) ) COUNTY OF EL PASO ) This instrument was acknowledged before me on this day of , 2009, by John F. Cook, as Mayor, of the City of El Paso. Notary Public, State of Texas Notary’s Printed or Typed Name: My Commission Expires: PREPARED IN THE OFFICE OF: Office of the City Attorney #2 Civic Center Plaza, 9th Floor El Paso, Texas 79901-1196

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RESOLUTION

WHEREAS, in accordance with Section 9.04.380 of the El Paso Municipal Code,

entitled Abatement, MANUEL ENRIQUEZ, referred to as owner, regardless of number, of the

hereinafter described property, was given notice that said property constituted a public nuisance

due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or

unsanitary matter in violation of Chapter 9.04 of the El Paso Municipal Code; and the owner

failed to comply with due notices. In accordance with El Paso Municipal Code 9.04.380, the

Department of Solid Waste Management proceeded to clean and dispose of the trash, vegetation,

weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the

cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF EL PASO:

1. The City Council determines the actual cost of removing the accumulated trash,

vegetation and weeds or other rubbish located on said property, being:

4021 Johnson Avenue, more particularly described as Lot(s) 12 to 13, Block 78, Morningside Heights Subdivision, El Paso, El Paso County, Texas, Parcel #M794-999-0780-3300

to be $111.73, performed by the Environmental Services Department of the City of El Paso, and, the

cost of recording the Resolution in the office of the El Paso County Clerk, $24.00, total to wit,

making a total of ONE HUNDRED THIRTY FIVE AND 73/100 DOLLARS ($135.73). The City

Council finds that the work was completed on the 27th day(s) of October, 2008, and approves the

costs described herein.

2. The City Council, in accordance with Section 9.04.380 of the El Paso Municipal

Code, declares the above total amount ONE HUNDRED THIRTY FIVE AND 73/100 DOLLARS

($135.73) to be a lien on the above described property, said amount being due and payable within

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ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%)

interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this

Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above

described property are made a part of this Resolution by reference.

PASSED AND APPROVED this day of , 2009.

CITY OF EL PASO John F. Cook Mayor ATTEST: Richarda Duffy Momsen City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Josette Flores Ellen A. Smyth, P.E., Director Assistant City Attorney Environmental Services Department

(ACKNOWLEDGEMENT ON FOLLOWING PAGE)

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ACKNOWLEDGEMENT

STATE OF TEXAS ) ) COUNTY OF EL PASO ) This instrument was acknowledged before me on this day of , 2009, by John F. Cook, as Mayor, of the City of El Paso. Notary Public, State of Texas Notary’s Printed or Typed Name: My Commission Expires: PREPARED IN THE OFFICE OF: Office of the City Attorney #2 Civic Center Plaza, 9th Floor El Paso, Texas 79901-1196

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RESOLUTION

WHEREAS, in accordance with Section 9.04.380 of the El Paso Municipal Code,

entitled Abatement, VERONICA S. JAROSZ, referred to as owner, regardless of number, of the

hereinafter described property, was given notice that said property constituted a public nuisance

due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or

unsanitary matter in violation of Chapter 9.04 of the El Paso Municipal Code; and the owner

failed to comply with due notices. In accordance with El Paso Municipal Code 9.04.380, the

Department of Solid Waste Management proceeded to clean and dispose of the trash, vegetation,

weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the

cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF EL PASO:

1. The City Council determines the actual cost of removing the accumulated trash,

vegetation and weeds or other rubbish located on said property, being:

3830 Johnson Avenue, more particularly described as Lot(s) 17 to 20 (12600 SQ FT), Block 121, Morningside Heights Subdivision, El Paso, El Paso County, Texas, Parcel #M794-999-1210-5000

to be $247.98, performed by the Environmental Services Department of the City of El Paso, and, the

cost of recording the Resolution in the office of the El Paso County Clerk, $24.00, total to wit,

making a total of TWO HUNDRED SEVENTY-ONE AND 98/100 DOLLARS ($271.98). The

City Council finds that the work was completed on the 20th day(s) of October, 2008, and approves

the costs described herein.

2. The City Council, in accordance with Section 9.04.380 of the El Paso Municipal

Code, declares the above total amount TWO HUNDRED SEVENTY-ONE AND 98/100

DOLLARS ($271.98) to be a lien on the above described property, said amount being due and

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payable within ten (10) days from the date of City Council approval, and thereafter bearing ten

percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this

Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above

described property are made a part of this Resolution by reference.

PASSED AND APPROVED this day of , 2009.

CITY OF EL PASO John F. Cook Mayor ATTEST: Richarda Duffy Momsen City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Josette Flores Ellen A. Smyth, P.E., Director Assistant City Attorney Environmental Services Department

(ACKNOWLEDGEMENT ON FOLLOWING PAGE)

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ACKNOWLEDGEMENT

STATE OF TEXAS ) ) COUNTY OF EL PASO ) This instrument was acknowledged before me on this day of , 2009, by John F. Cook, as Mayor, of the City of El Paso. Notary Public, State of Texas Notary’s Printed or Typed Name: My Commission Expires: PREPARED IN THE OFFICE OF: Office of the City Attorney #2 Civic Center Plaza, 9th Floor El Paso, Texas 79901-1196

#45888 v1 - ENV/1/SANITATION LIEN/3830 JOHNSON Document Author: JFLO 3

RESOLUTION

WHEREAS, in accordance with Section 9.04.380 of the El Paso Municipal Code,

entitled Abatement, JAMES R. & 2 MCMINN, referred to as owner, regardless of number, of the

hereinafter described property, was given notice that said property constituted a public nuisance

due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or

unsanitary matter in violation of Chapter 9.04 of the El Paso Municipal Code; and the owner

failed to comply with due notices. In accordance with El Paso Municipal Code 9.04.380, the

Department of Solid Waste Management proceeded to clean and dispose of the trash, vegetation,

weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the

cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF EL PASO:

1. The City Council determines the actual cost of removing the accumulated trash,

vegetation and weeds or other rubbish located on said property, being:

Lot(s) 2 (11706.21 SQ FT), Block 13, Sahara Subdivision, City of El Paso, El Paso County, Texas, Parcel #S033-999-0130-0300.

to be $303.51, performed by the Environmental Services Department of the City of El Paso, and, the

cost of recording the Resolution in the office of the El Paso County Clerk, $24.00, total to wit,

making a total of THREE HUNDRED TWENTY SEVEN AND 51/100 DOLLARS ($327.51).

The City Council finds that the work was completed on the 16th day(s) of October, 2008, and

approves the costs described herein.

2. The City Council, in accordance with Section 9.04.380 of the El Paso Municipal

Code, declares the above total amount THREE HUNDRED TWENTY SEVEN AND 51/100

DOLLARS ($327.51) to be a lien on the above described property, said amount being due and

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payable within ten (10) days from the date of City Council approval, and thereafter bearing ten

percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this

Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above

described property are made a part of this Resolution by reference.

PASSED AND APPROVED this day of , 2009.

CITY OF EL PASO John F. Cook Mayor ATTEST: Richarda Duffy Momsen City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Josette Flores Ellen A. Smyth, P.E., Director Assistant City Attorney Environmental Services Department

(ACKNOWLEDGEMENT ON FOLLOWING PAGE)

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ACKNOWLEDGEMENT

STATE OF TEXAS ) ) COUNTY OF EL PASO ) This instrument was acknowledged before me on this day of , 2009, by John F. Cook, as Mayor, of the City of El Paso. Notary Public, State of Texas Notary’s Printed or Typed Name: My Commission Expires: PREPARED IN THE OFFICE OF: Office of the City Attorney #2 Civic Center Plaza, 9th Floor El Paso, Texas 79901-1196

#45895 v1 - ENV/1/SANITATION LIEN/PID #S03399901300300 (JAMES R & 2 MCMINN) Document Author: JFLO 3

RESOLUTION

WHEREAS, in accordance with Section 9.04.380 of the El Paso Municipal Code,

entitled Abatement, MARTHA NOLASCO, referred to as owner, regardless of number, of the

hereinafter described property, was given notice that said property constituted a public nuisance

due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or

unsanitary matter in violation of Chapter 9.04 of the El Paso Municipal Code; and the owner

failed to comply with due notices. In accordance with El Paso Municipal Code 9.04.380, the

Department of Solid Waste Management proceeded to clean and dispose of the trash, vegetation,

weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the

cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF EL PASO:

1. The City Council determines the actual cost of removing the accumulated trash,

vegetation and weeds or other rubbish located on said property, being:

310 Guadalajara Street, more particularly known as Lot 53 (6240 SQ FT), Singh Subdivision, El Paso, El Paso County, Texas, Parcel #S445-999-0010-5300

to be $225.70, performed by the Environmental Services Department of the City of El Paso, and, the

cost of recording the Resolution in the office of the El Paso County Clerk, $24.00, total to wit,

making a total of TWO HUNDRED FORTY NINE AND 70/100 DOLLARS ($249.70). The City

Council finds that the work was completed on the 20th day(s) of October, 2008, and approves the

costs described herein.

2. The City Council, in accordance with Section 9.04.380 of the El Paso Municipal

Code, declares the above total amount TWO HUNDRED FORTY NINE AND 70/100 DOLLARS

($249.70) to be a lien on the above described property, said amount being due and payable within

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ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%)

interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this

Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above

described property are made a part of this Resolution by reference.

PASSED AND APPROVED this day of , 2009.

CITY OF EL PASO John F. Cook Mayor ATTEST: Richarda Duffy Momsen City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Josette Flores Ellen A. Smyth, P.E., Director Assistant City Attorney Environmental Services Department

(ACKNOWLEDGEMENT ON FOLLOWING PAGE)

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ACKNOWLEDGEMENT

STATE OF TEXAS ) ) COUNTY OF EL PASO ) This instrument was acknowledged before me on this day of , 2009, by John F. Cook, as Mayor, of the City of El Paso. Notary Public, State of Texas Notary’s Printed or Typed Name: My Commission Expires: PREPARED IN THE OFFICE OF: Office of the City Attorney #2 Civic Center Plaza, 9th Floor El Paso, Texas 79901-1196

#45884 v1 - ENV/1/SANITATION LIEN/310 GUADALAJARA Document Author: JFLO 3

RESOLUTION

WHEREAS, in accordance with Section 9.04.380 of the El Paso Municipal Code,

entitled Abatement, LUIS M. PAREDES, referred to as owner, regardless of number, of the

hereinafter described property, was given notice that said property constituted a public nuisance

due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or

unsanitary matter in violation of Chapter 9.04 of the El Paso Municipal Code; and the owner

failed to comply with due notices. In accordance with El Paso Municipal Code 9.04.380, the

Department of Solid Waste Management proceeded to clean and dispose of the trash, vegetation,

weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the

cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF EL PASO:

1. The City Council determines the actual cost of removing the accumulated trash,

vegetation and weeds or other rubbish located on said property, being:

9230 Santa Rosalia Court, more particularly described as Lot(s) 16, Singh Subdivision, El Paso, El Paso County, Texas, Parcel #S445-999-0010-1600

to be $217.31, performed by the Environmental Services Department of the City of El Paso, and, the

cost of recording the Resolution in the office of the El Paso County Clerk, $24.00, total to wit,

making a total of TWO HUNDRED FORTY ONE AND 31/100 DOLLARS ($241.31). The City

Council finds that the work was completed on the 15th day(s) of October, 2008, and approves the

costs described herein.

2. The City Council, in accordance with Section 9.04.380 of the El Paso Municipal

Code, declares the above total amount TWO HUNDRED FORTY ONE AND 31/100 DOLLARS

($241.31) to be a lien on the above described property, said amount being due and payable within

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ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%)

interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this

Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above

described property are made a part of this Resolution by reference.

PASSED AND APPROVED this day of , 2009.

CITY OF EL PASO John F. Cook Mayor ATTEST: Richarda Duffy Momsen City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Josette Flores Ellen A. Smyth, P.E., Director Assistant City Attorney Environmental Services Department

(ACKNOWLEDGEMENT ON FOLLOWING PAGE)

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ACKNOWLEDGEMENT

STATE OF TEXAS ) ) COUNTY OF EL PASO ) This instrument was acknowledged before me on this day of , 2009, by John F. Cook, as Mayor, of the City of El Paso. Notary Public, State of Texas Notary’s Printed or Typed Name: My Commission Expires: PREPARED IN THE OFFICE OF: Office of the City Attorney #2 Civic Center Plaza, 9th Floor El Paso, Texas 79901-1196

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RESOLUTION

WHEREAS, in accordance with Section 9.04.380 of the El Paso Municipal Code,

entitled Abatement, MARIA L. MONTES, referred to as owner, regardless of number, of the

hereinafter described property, was given notice that said property constituted a public nuisance

due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or

unsanitary matter in violation of Chapter 9.04 of the El Paso Municipal Code; and the owner

failed to comply with due notices. In accordance with El Paso Municipal Code 9.04.380, the

Department of Solid Waste Management proceeded to clean and dispose of the trash, vegetation,

weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the

cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF EL PASO:

1. The City Council determines the actual cost of removing the accumulated trash,

vegetation and weeds or other rubbish located on said property, being:

3029 Tularosa, more particularly described as Lot(s) 14 & W 1/2 of Lot(s) 15 (5250 SQ FT), Block 95, East El Paso Subdivision, El Paso, El Paso County, Texas, Parcel #E014-999-0950-2300

to be $144.24, performed by the Environmental Services Department of the City of El Paso, and, the

cost of recording the Resolution in the office of the El Paso County Clerk, $24.00, total to wit,

making a total of ONE HUNDRED SIXTY EIGHT AND 24/100 DOLLARS ($168.24). The City

Council finds that the work was completed on the 14th day(s) of October, 2008, and approves the

costs described herein.

2. The City Council, in accordance with Section 9.04.380 of the El Paso Municipal

Code, declares the above total amount ONE HUNDRED SIXTY EIGHT AND 24/100 DOLLARS

($168.24) to be a lien on the above described property, said amount being due and payable within

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ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%)

interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this

Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above

described property are made a part of this Resolution by reference.

PASSED AND APPROVED this day of , 2009.

CITY OF EL PASO John F. Cook Mayor ATTEST: Richarda Duffy Momsen City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Josette Flores Ellen A. Smyth, P.E., Director Assistant City Attorney Environmental Services Department

(ACKNOWLEDGEMENT ON FOLLOWING PAGE)

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ACKNOWLEDGEMENT

STATE OF TEXAS ) ) COUNTY OF EL PASO ) This instrument was acknowledged before me on this day of , 2009, by John F. Cook, as Mayor, of the City of El Paso. Notary Public, State of Texas Notary’s Printed or Typed Name: My Commission Expires: PREPARED IN THE OFFICE OF: Office of the City Attorney #2 Civic Center Plaza, 9th Floor El Paso, Texas 79901-1196

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