02-26-18 Regular Meeting of the La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 26, 2018 Source of Funds: N/A Requested By: Jason B. Weeks, Assistant City Manager Account Number: N/A Department: Administration Amount Budgeted: N/A Report Resolution: Ordinance: Amount Requested: N/A Exhibit: 1. Agreement Budgeted Item: YES NO 2. Special Warranty Deed SUMMARY & RECOMMENDATION nd budget retreat meeting held on Saturday, April 22, the Council discussed three items related to La Porte Cemetery 1) mowing, 2) property donation, and 3) road paving. The majority of the Council was supportive of th the City donating the city-owned property located at the northeast corner of South 8 to the cemetery. The City has no current or future development plans for this property. Several years ago the La Porte Cemetery Association approached the City about a joint venture of building a covered pavilion on the City property, but this project never happened. Therefore, the Council considered conveying the City-owned parcel of land to the cemetery to accommodate future growth of the cemetery. According to Local Government Code 253.011, a municipality can transfer the land to the association, with exemption from bidding, as long as there is 1) an agreement between the parties that the land will be used for a public purpose (which our legal counsel has concluded that operation of a public cemetery meets this standard) and 2) the deed contains a reverter clause so that if the property ceases to be used as a cemetery the title transfers back to the City of La Porte. Attached to this agenda request is the Agreement and a Special Warranty Deed that meets these two requirements. Furthermore, the agreement specifies that the La Porte Cemetery Association will be responsible for maintaining this property once deeded to them. Staff recommends approving the agreement with La Porte Cemetery Association and conveying the property to them for a minimal cost of $10 with the expectation that the La Porte Cemetery Association utilize the property for public purposes and shall maintain the property once deeded to them. Action Required by Council: Consider approval or other action regarding an agreement with the La Porte Cemetery Association pertaining to the conveyance of approximately 1.14 acres of land noted as Lots 1-16, inclusive, in Block 1151, of Town of La Porte, a subdivision in Harris County, Texas to the La Porte Cemetery Association for $10. Approved for City Council Agenda Corby D. Alexander, City Manager Date