O-2022-3889 authorizing the sale of City-owned surplus real property, corner of 17th Street and West Main Street

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ORDINANCE NO.2022-3889 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN REAL PROPERTY LOCATED NEAR THE CORNER OF 171" STREET AND WEST MAIN STREET AND LEGALLY DESCRIBED AS A TRACT OR PARCEL OF LAND OUT OF LOTS 1, 2 AND 3, BLOCK 726, TOWNSITE OF LA PORTE, HARRIS COUNTY, TEXAS, AS SURPLUS PROPERTY THAT IS NOT INDEPENDENTLY DEVELOPABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCOMPLISH THE SALE OF SAID REAL PROPERTY IN ACCORDANCE WITH STATE LAW, TO THE ABUTTING PROPERTY OWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte, Texas, is the owner of real property located near the corner of 17"' Street and West Main Street and legally described as a tract or parcel of land out of Lots 1, 2 and 3, Block 726, Townsite of LaPorte, as recorded in Volume 58, Page 462, Deed Records of Harris County, Texas, (the "Property" herein), and which Property has been determined to be surplus property of no economic or public benefit to the City; and WHEREAS, the Property is presently zoned Business Industrial (BI), but due to irregular shape and small size cannot be independently developed under current zoning and property development regulations of the City; WHEREAS, the owner of real property adjacent to and abutting the Property has offered to purchase the Property from the City; and WHEREAS, Texas Local Government Code Sec. 272.001(b)(1) states that notice and bidding requirements for the sale or exchange of real property owned by a municipality do not apply in the case of "narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances"; and WHEREAS, Texas Local Government Code Sec. 272.001(b) provides that a political subdivision must receive fair market value as determined by an appraisal obtained by the political subdivision in cases where real property is conveyed or sold under a qualifying exception to notice and bidding contained in Sec. 272.001(b), unless the conveyance or sale "is with one or more abutting property owners who own the underlying fee simple"; and WHEREAS, the City Council desires to sell the Property to the current owner of 116 S. 17`h Street, La Porte, Texas, which location abuts the Property, for a purchase price of no less than $20,000; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and correct.