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HomeMy WebLinkAboutO-1999-2336 e e ORDINANCE NO. 99-2336 t.. ~ I AN ORDINANCE AUTHORIZING THE PURCHASE OF A 33.644 ACRE TRACT OF LAND IN THE CITY OF LA PORTE, FOR PUBLIC PARK PURPOSES; PROVIDING FOR TERMS AND CONDITIONS OF SUCH PURCHASE; MAKING APPROPRIATIONS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes the purchase of the 33.644 acre tract of land, more particularly described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes, from Countrywide Parks I, Inc., for a total acquisition price of $425,000.00 cash. Title to said property shall be conveyed to the City of La Porte pursuant to a Special Warranty Deed "as is, where is". The transaction shall close on or before June 30, 1999, at American Title Company, Deer Park, Texas. The City of La Porte shall pay all costs for title insurance, a survey, environmental inspections, and any other due diligence efforts which the City of La Porte wishes to pursue. All ad valorem tax assessments shall be prorated as of May 1, 1999. Section 2. The City Council of the City of La Porte hereby confirms that the subject property is being purchased by the City of La Porte for public park purposes, and that Countrywide Parks I, Inc., shall be conveying the property to the City of La Porte, under threat of eminent domain proceedings by the City of La Porte. Section 3. Countrywide Parks I, Inc., and the City of La Porte shall enter an agreed Declaratory Judgment in the pending litigation styled Countrywide Parks I, Inc. vs City of La Porte, Cause No. 710,442, Harris County civil Court at Law No.1. e e ORDINANCE NO. 99-2336 ,~ .j.. i PAGE 2 section 4. City Council appropriates the sum of $425,000.00 from the City of La Porte 1998 General Obligation Bond Fund No. 040-9892-792-11-00, plus such additional funds as may be necessary for closing costs, to fund said purchase. section 5. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 6. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of June, 1999. By: ATTEST: ~dtJ-k,4~ Ma tha A. Gi let :iZ;/~ Knox W. Askins City Attorney I gal~Qf~~~~ 16:46 2814693353 PHASE ENGINEERING . . PAGE 81 f . . . . . . . I B2D3 WIIaw Place SouIh, SIns 280 Hau.faI. Tau 77D7O (2a1) AOIo.2242 ~) 453383 Falc 1-81llW1l1-81l81 Phase Engineering, Inc. I June 1 e. 1999 Mr. Doug Kneupper . CIty of La Porte P.o. Box 1115 La Porte. lX 77572-1118 Oe8rDoug: I haWI performed an weiland dBterminatlan In ac:cord8nce 'NittI the 1987 U.S. Army Corps of EngIn~.~~~_~anU81 of the 33 acre P!'I1Perty located along Canada Road. La Porte, lX. Baed oo'the~property inspedIon perfonned'~~'JU~ ,~O, ~9~..~sre were no JurisdIctIoN!\" wetIend __ greater Ih8n 1/3 of an acre Ioeated on ths subject $~te. CunwIt regufsdoiui'de not require Corps natiIIcsUon and permiWng prior to the discharge Of flU maIeri8Ia Into poIEnllal weII&nd8 arees of less than 1/3 of 8n acre. .. '.. : I ., .1, Phase engineering, Ineo Is listed as a wellands delineation service provider by ~e G~e&tcn Olstrlct of the U.S. Cops of Engineers and I have completed the U.S. Army CoIps of Engineers Wetland Delineator Certification Training Program. .. . , ',." Thank you for using lie professional sel'Ylces of Phase Engineering, Inc. If you should have any queeaons plessecall me at (281) 469-2242 or 1-800-41g..e88.~.., '~:;.: '{-,.. ~... .~'.:}' Sincerely,' , ~ , Fnvira/7/T7cntal Consultants Pili'S'? I ;... II, Ashp:stoS', LPST. Wcll.3l1ds ..... ................ .......