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O-2023-3925
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O-2023-3925
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5/25/2023 9:44:38 AM
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4/25/2023 5:04:04 PM
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ORDINANCE NO.2023-3925 <br />AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN <br />REAL PROPERTY LOCATED NEAR THE INTERSECTION OF SPENCER HIGHWAY <br />AND THIRTEENTH STREET AND BEING A 0.057 ACRE TRACT OF LAND, MORE OR <br />LESS, BEING OUT OF LOT 24, BLOCK 719, TOWN OF LA PORTE, HARRIS COUNTY, <br />TEXAS, AS SURPLUS PROPERTY THAT IS NOT INDEPENDENTLY DEVELOPABLE; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS <br />NECESSARY TO ACCOMPLISH THE SALE OF SAID REAL PROPERTY IN <br />ACCORDANCE WITH STATE LAW, TO THE ABUTTING PROPERTY OWNER; <br />FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN <br />EFFECTIVE DATE HEREOF. <br />WHEREAS, the City of La Porte, Texas, is the owner of real property located near the <br />intersection of Spencer Highway and Thirteenth Street and being a 0.057 acre tract of land, more <br />or less, being out of Lot Twenty-four (24), in Block 719, of the Town of La Porte, a subdivision <br />in Harris County, Texas, according to the map or plat thereof recorded in Volume 58, Page 462, <br />of the Deed Records of Harris County, Texas, and being more particularly described by metes and <br />bounds on Exhibit A attached hereto and incorporated by reference (the "Property" herein), and <br />which Property has been determined to be surplus property of no economic or public benefit to the <br />City; and <br />WHEREAS, the Property is presently zoned Light Industrial (LI), but due to irregular shape <br />and small size cannot be independently developed under current zoning and property development <br />regulations of the City; <br />WHEREAS, the owner of real property adjacent to and abutting the Property has offered <br />to purchase the Property from the City; and <br />WHEREAS, Texas Local Government Code Sec. 272.001(b)(1) states that notice and <br />bidding requirements for the sale or exchange of real property owned by a municipality do not <br />apply in the case of "narrow strips of land, or land that because of its shape, lack of access to public <br />roads, or small area cannot be used independently under its current zoning or under applicable <br />subdivision or other development control ordinances'; and <br />WHEREAS, Texas Local Government Code Sec. 272.001(b) provides that a political <br />subdivision must receive fair market value as determined by an appraisal obtained by the political <br />subdivision in cases where real property is conveyed or sold under a qualifying exception to notice <br />and bidding contained in Sec. 272.001(b), unless the conveyance or sale "is with one or more <br />abutting property owners who own the underlying fee simple'; and <br />WHEREAS, the City Council desires to sell the Property to Stacy Lowe and husband Jesse <br />Daniel Burris, and Kim DeYoung and wife Linda S. DeYoung, the current owners in fee simple <br />of real property that abuts the Property, for a purchase price of no less than $5,000.00, <br />
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