HomeMy WebLinkAboutRes 88-17 Authorizing a Contract for the Sale of Certain Tracts of Land Abutting Milford to METRORESOLUTION NUMBER 88-17
RESOLUTION APPROVING AND AUTHORIZING A CONTRACT FOR THE
SALE OF CERTAIN TRACTS OF LAND ABUTTING MILFORD STREET TO
THE METROPOLITAN TRANSIT AUTHORITY; APPROVING SUCH
CONTRACT; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
WHEREAS, the City of West University Place, Texas (the
City") has and is conducting negotiations with the Metropolitan
Transit Authority of Harris County, Texas (nMETRO"), with
respect to the sale by the City to METRO of two certain tracts
of land containing, in the aggregate, approximately 6,500 square
feet, and being located adjacent to the existing right of way of
Milford street in the vicinity of the intersection with
Wakeforest Street (such tracts being more particularly
described in the contract document attached hereto), in Harris
County, Texas, together with certain improvements and fixtures
located thereon (all of the such property being hereinafter
referred to collectively as the "Property"); and
WHEREAS, the City Council has obtained an appraisal of the
Property performed by Luedemann & Associates of Houston,
Texas; and
WHEREAS, the Appraisal indicates that the consideration to
be paid to the City by METRO for the Property is not less than
the value of the Property as determined by the Appraisal; and
WHEREAS, the City Council finds and determines that the
Property is not owned, held or claimed as a public square, park,
or site for a city hall or other municipal building and that the
Property is not an island, flat or submerged land; and
WHEREAS, the terms and conditions of such sale of the
Property have been incorporated in a certain Contract for the
Sale and Purchase of Real Property (the "Contract") (a copy of
which Contract is attached hereto and incorporated herein by
this reference), which Contract by its terms will not become
effective unless and until approved by the City Council of the
City (the "Councilll) and the Board of Directors of METRO, to
which Contract reference is here made for all purposes; and
WHEREAS, the Council believes that the approval of the
Contract and the consummation of the transactions contemplated
thereby would be in the best interest of the City;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
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Resolution Numbe, dB-I?
Section 1. That the Contract is hereby approved and
authorized, in substantially the form shown in the version which
is attached to this resolution, and each of the Authorized
Officers defined below is authorized, individually, to execute
such Contract on behalf of the City and to approve all exhibits
and attachments thereto that either of them may find necessary
or desirable.
Section 2. The City Council, after being informed that
the Property is proposed to be used for an extension of
Westpark Drive from Edloe Street to Kirby Drive (the
Westpark Extension"), hereby expresses the position of the
City as to such project:
1) The fact that METRO has threatened to condemn the
Property has made it unavoidable that the City sell the Property
to METRO and try to preserve access to the City's remainder
tracts from which the Property is taken. Selling the Property
and attempting to preserve access to the remainder tracts of the
City shall never be interpreted as an agreement or consent of
the City to pay any part of the cost of the Westpark Extension
or to pay any assessment or charge associated with the
Westpark Extension.
2) The City would probably be better off if the
Westpark Extension were not constructed, all factors
considered. However, as expressed above, the City has no
effective choice in the matter because of the threatened
condemnation. In all probability, the City's use of the streets
in the vicinity oftheWestpark Extension will be no greater
than its use of the existing streets, which are found and
determined to be sufficient for the City's needs and operations.
Section 3. That the City enter into and consummate the
transactions contemplated by the Contract, and that Michael L.
Parks, the Mayor of the City, and Richard R. Rockenbaugh, City
Manager (together the "Authorized Officers" and singly an
Authorized Officer") be and each is hereby authorized and
empowered in the name and on behalf of the City to execute and
deliver the deeds and other instruments provided for in the
Contract in order to effect the sale of the Property to METRO as
provided in the Contract, all such instruments to be in such
form as such Authorized Officer and the City Attorney, shall
approve, which approval shall be conclusively evidenced by such
Authorized Officer's execution of such instruments.
Section 4. That the Authorized Officers be, and each of
them hereby is, authorized and directed to prepare, execute and
deliver, from time to time, all other such documents or perform
such actions related to, contemplated by, or necessary,
advisable or convenient to the Contract and transactions
contemplated thereby that such Authorized Officer deems, in his
sole discretion, to be necessary, advisable or convenient, which
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