HomeMy WebLinkAboutR-2001-18
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RESOLUTION NO. 2001-~
A RESOLUTION AUTHORIZING THE ACQUISITION OF A TRACT OF LAND FOR
PUBLIC PARK PURPOSES IN THE CITY OF LA PORTE, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has found
and determined that public necessity requires the acquisition of a
tract of land for public park purposes on the hereinafter described
real property in the City of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has found
and determined that the tract of land hereinafter described is
suitable and needed for public park purposes, and that it is
necessary to acquire same for public park purposes; and
WHEREAS, the City Council of the City of La Porte deems it
advisable to authorize, and does hereby authorize, Knox W. Askins,
City Attorney of the City of La Porte, or his designated
representative, to represent the City of La Porte in the
acquisition of the hereinafter described property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTEz
Section 1. That the said Knox W. Askins, as City Attorney for
the City of La Porte, or his designated representative, be and he
is hereby authorized to negotiate with the owners of the
hereinafter described land, concerning the acquisition by the City
of La Porte, of the tract of land for public park purposes, located
in Harris County, Texas, said tract of land being more particularly
described as follows, to-wit:
Lots 1 through 16, both inclusive, in Block 1151, of Town
of La Porte, a subdivision in Harris County, Texas,
according to the map or plat thereof recorded in Volume
57, Page 320, of the Deed Records of Harris County,
Texas;
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at the fair market value for same, and should said City Attorney,
or his designated representative, as the duly authorized
representative of the City of La Porte, be unable to agree with
such owners as to the fair market value of such tract of land,
then, and in that event, said attorney be, and he is hereby
authorized and directed to file against all owners and lienholders,
proceedings in eminent domain to acquire the above described
property, for public park purposes.
Section 2. 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
City 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 resolution 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 3. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 12th day of November, 2001.
CITY OF LA PORTE
By: ~,.--
/ ~&m L. rone, Mayor
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ATTEST:
JlI../W/JA-- ().~
Mart a A. Gillett
City Secretary
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x W. Askins
City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date R~quested:
November 12. 2001
Appropriation
Requested By: Rohert T Herrero
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution 2001-
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The enclosed resolution is similar to other resolutions passed by the City when we are pursuing certain
land acquisitions. This resolution authorizes Knox Askins, City Attorney to represent La Porte in the
acquisition of Block 1151; Lots 1-16, Town of La Porte for public park purposes. It further provides that
in the event, the owners and the City cannot agree on fair market value, the City Attorney is authorized to
initiate eminent domain proceedings to acquire the properties.
Secondly, this resolution will be filed for record at the Harris County Courthouse. This information will
be picked up by future title searches and therefore alert any potential buyers that the City intends to
acquire these properties for this project.
This resolution allows the City to move forward with condemnation if deemed necessary. We would, of
course, inform Council of any recommendations to initiate eminent domain proceedings.
Action Reauired bv Council:
Consider approval of a resolution authorizing the acquisition of a tract of land for public park purposes
and authorizing Knox Askins, City Attorney, to represent the City of La Porte in the acquisition of the
described property for park purposes.
Approved for City Council A!!enda
~~T. ~
Robert T. Herrern, City Manager
J(.O~"'Dt
Date
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W, FAIR MONT PARKWAY
1",0. BOX 121B
LA PORTE, TEXAS 77572-1218
KNOX W, ASKINS
JOHN O. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER, JR,
BOARD CERTIfiED - CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
CLARK T, ASKINS
November
1oJ~ w ~ ,~i
lJl] L~OV - 5 2001 I d
ASST. CI T ( MA;'lAGER
Q;:-F1CE
Mr. And olf, Realtor
operties
est Main street
Porte, TX 77571
Re: Lots 1-16, Block 1151, Town of La Porte
Harris County, Texas.
Dear Mr. Rolf:
I represent the City of La Porte as its City Attorney. The City of
La Porte has determined that it requires the acquisition of the
above described real property in the City of La Porte, for public
park purposes.
I enclose a copy of an appraisal letter from John E. Fox, SRPA,
SRA, Real Estate Appraiser of Houston, Texas, who has appraised the
property at $27,500.00.
I have been authorized by the City of La Porte to make a cash offer
of $27,500.00 to the owner of the property. I have obtained a
title commitment, copy of which is enclosed, from American Title
Company in Deer Park, Texas, Ms. Lucy Dover, Escrow Officer, which
shows legal title in Phillip smith and wife, Ethel Mae Smith. It
is my understanding that Phillip Smith, also known as King Phillip
smith, is deceased, and that his will left the property to his
wife. I am having the title company update the title commitment.
Please present this offer to Ms. Ethel Mae Smith, through Mr. Bill
Glaw, Realtor in League City, Texas, with whom I understand she has
an exclusive listing on the property.
This offer is subject to final title approval by American Title
Company, of marketable title, with no liens or encumbrances. The
seller would be responsible for real estate commissions under her
listing agreement, and for usual seller title company expenses.
Taxes would be prorated to date of closing. The City of La Porte
would require a General Warranty Deed from the seller.
Thank you for your kind assistance in this matter.
ox W. Askins
City Attorney
City of La Porte
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AeNS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
Andy Rolf
November 5, 2001
Page 2
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Enclosures
cc: M~John Joerns
~~~istant City Manager
City of La Porte