HomeMy WebLinkAboutO-2022-3882 sale of City-owned real property located at 506 Circle DriveORDINANCE NO.2022-3882
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN
REAL PROPERTY LOCATED AT 506 CIRCLE DRIVE AND LEGALLY DESCRIBED
AS LOT 17 AND THE EAST Yz OF LOT 18, BLOCK 30, BEACH PARK ANNEX TO THE
CITY 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 at 506 Circle Drive
and legally described as Lot 17 and the adjoining East Yx of Lot 18, in Block 30 of Beach Park
Annex to the City of La Porte, in Harris County, Texas, save and except therefrom that portion of
Lot 17 conveyed to H.G. Sandland and wife, Anita Sandland by deed dated June 12, 1930 (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 Mixed Use District, a designation allowing for
"neighborhood -serving residential and commercial land uses", but due to irregular shape and small
size relative to other lots in the same subdivision 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 510 Circle Drive,
La Porte, Texas, which location abuts the Property, for a purchase price of no less than $15,000.00,
based on a value of $4.11 per square foot;
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.
Section 2. The Property is determined to be 1) surplus property of no economic or public benefit
to the public and 2) of irregular shape and small size relative to other lots in the same subdivision
the Property and that as a result cannot be independently developed under current zoning and
property development regulations of the City.
Section 3. The City Manager is hereby authorized to execute any and all documents necessary to
accomplish the sale of the Property, located at506 Circle Drive, La Porte legally described as Lot
17 and the adjoining East ''/z of Lot 18, in Block 30 of Beach Park Annex to the City of La Porte,
in Harris County, Texas, save and except therefrom that portion of Lot 17 conveyed to H.G.
Sandland and wife, Anita Sandland by deed dated June 12, 1930, to Patricia Smith, the current
owner of abutting property located at 510 Circle Drive, La Porte, Texas, for a price of no less than
$15,000.00.
Section 4. 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 is 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 Chapter 551, Tx. Gov't 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 5. This ordinance shall take effect and be in force from and after its passage and approval.
PASSED AND APPROVED this, the day of , 2022.
ATTEST:
Lee
CITY OF LA,PORTE, TEXAS
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
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TEXNS_
Certification of Public Record
1, the undersigned authority, do hereby certify the attached
document is a true and correct copy of the
original Ordinance 2022-3882 passed and approved by
the City Council of La Porte and kept by the City
Secretary's Office of the Ci of La Porte, Texas.
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