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

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REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this ____ day of ________________, 2018 by and between the 604 W. Fairmont Pkwy. and the La Porte Cemetery P.O. Box 1756, La Porte, Texas 77572. RECITALS A. WHEREAS Texas Local Government Code Section 253.011 authorizes a municipality with a population less than 1.9 million to transfer real property to a nonprofit organization, without complying with the notice and bidding requirements of Local Government Code Section 272.001(a) or other law, conditioned on the execution of a reverter agreement wherein the nonprofit organization promises to use the property B. provision that requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose and that further provides that ownership of the property automatically reverts to the municipality if the nonprofit organization at any time fails to use the property in such a manner. C. WHEREAS the City of La Porte owns in fee simple real estate described as Lots 1 through 16, Block 1151, Town of La Porte, currently under the ownership of the La Porte Cemetery Association and which the Association uses as a public cemetery. D. WHEREAS the City of La Porte has determined that the Property is surplus property, and due to its proximity to the La Porte Cemetery, would best serve the needs of the citizens of La Porte if utilized in connection of the operation of a public cemetery. E. WHERAS the La Porte Cemetery Association has expressed its desire to acquire the Property from the City of La Porte for use as a public cemetery. F. WHEREAS the City of La Porte is only willing to convey the Property to the La Porte Cemetery Association on the condition that the Association execute a reverter agreement wherein it promises to use the Property for the public purpose of operating a public cemetery. G. WHEREAS the City of La Porte finds that the La Porte Cemetery Association is an organization that is exempt from federal taxation under Section 501(c)(13), Internal Revenue Code of 1986, as amended, and that the La Porte Cemetery is a public cemetery. NOW THEREFORE, in consideration of the transfer of the Property to the Association and other consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: