HomeMy WebLinkAboutO-2022-3888 authorizing the sale of City-owned surplus real property, near the corner of 17th Street and West main StreetORDINANCE NO.2022-3888
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN
REAL PROPERTY LOCATED NEAR THE CORNER OF 1711 STREET AND WEST
MAIN STREET AND LEGALLY DESCRIBED AS A TRACT OR PARCEL OF LAND
OUT OF LOTS 4 AND 5, BLOCK 726, TOWNSITE OF 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 near the
corner of 17"' Street and West Main Street and legally described as a tract or parcel of land out of
Lots 4 and 5, Block 726, Townsite of La Porte, as recorded in Volume 58, Page 462, Deed Records
of Harris County, Texas, (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 Business Industrial (BI), but due to irregular
shape and small size 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 116 S.
17`h Street, La Porte, Texas, which location abuts the Property, for a purchase price of no less than
$8,000.00;
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, and legally described as tract or parcel of land
out of Lots 4 and 5, Block 726, Townsite of La Porte, as recorded in Volume 58, Page 462, Deed
Records of Harris County, Texas, to Parker Joffrion, the current owner of abutting property located
at 116 S. 17`' Street, La Porte, Texas, for a price of no less than $8000.00.
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.
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PASSED AND APPROVED this the 13 day of-I-A-1-2022
CITY OF LA PORTE, TEXAS
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APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
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the undersigned authority, do hereby certify the attached
document is a true and correct copy of th►e
original Ordinance 2022-3888 passed and approved by
the City Council of La Porte and kept b the Cit
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