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HomeMy WebLinkAboutPR 15252: LOGAN PARKInteroffice MEMORANDUM To: Mayor, City Council and City Manager From: Mark Sokolow, City Attorney ~`~L,,,/f ~(,~,t, Date: May 27, 2009 Subject: P. R. No. 15252; Council Meeting June 2, 2009 Attached is P. R. No. 15252 as it pertains to Logan Park. MTS:gt Attachment cc: Jimmy Dike Pleasure Island Commission z.pr15252_memo P. R. No. 15252 05/07/09 gt RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO LOGAN PARK WHEREAS, the City Council deems it in the best interests of the City to clarify Resolution No. 703, as delineated in Exhibit "A" as it pertains to the use of Logan Park WHEREAS, Resolution No. 703 dedicated land for Logan Park as a recreation center to place therein or permit others to place therein and thereon equipment for entertainment and recreation; and WHEREAS, Resolution No. 703 prohibited the lease of the land except by vote of the people; and WHEREAS, the City Council deems it in the public interest to continue to allow the Pleasure Island Commission to temporarily allow portions of Logan Park be utilized by entities to provide music and other entertainment to the public wherein charges can be accessed for parking and for entry WHEREAS, the City Council finds that Logan Park has in the past been utilized by organizations that have entered into an agreement for use of the park and then charged entry fees to the public which has facilitated it use by the public. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble ~.Priszsz are true and correct. Section 2. That the Pleasure Island Commission is herein authorized to allow the temporary usage of all or portions of Logan Park to entities to provide music and other entertainment to the public wherein charges can be assessed for parking and for entry. Section 3. That said temporary usage shall not exceed three days at any one time. Section 4. That the City finds that the temporary usage of Logan Park by entities to provide music and entertainment for the public is the same program or project for which the land was originally obtained and designated as provided for in Section 26.004 Parks and wildlife Code. Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR z.p=iszsz ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.priszsz EXHIBIT "A" z.pr15252 .. ~Sf ~ r . Y- x>;so[,uT1oN Igo. 7 n 3 n RIsoLUTION Di~:ulcnTlNG To THE PuaLlc use ns n Pnltx n CEiiTP.I II YIEC L' OP LAiiD LOCATED Ori THE t^fESTERLY Ii I:N OP THE SAIII NE. LAKE REVE'Ct•IL'i~T AS IS DESCRIIIE'il IIEREINAF'tC.R RY dETES AT_ID BOU Nei S, P.ND~CALLII?G SUCH TRACT OP LAr:ll "LOGAPI .PARE" IN HONOR OP' lr[E EIGHT TIYi~S @4:1YOR J. P. LOGAN, WITH RESEP.VATIO:dS AD;D RESTRIC TIGidS THE`r,EIN AJ~iD AUTHORIZING TAE i4AY0R OR THE CI'T`Y Oi~ PORT ARTiiUR TO SIGN SUCH. RESOLUTI O?I f:P?D TO FILE TFIE SAi•IE OF RECORD Iiv THE OFFICE Or^ THE CGUriTY '. GLE~~Fi CI' JEPFiTtS01Q CGUIdTY, TEXAS. ~;II~EREAS, the Gity of Port Arthur, a municipal corporation organized under and by-virtua of the Constitution and Laws of the State of Texas and domiciled in Jefferson County, Texas,.is the owner in fee simple o£ a tractof land generally referred to as the McICee Survey,-the same having been deeded by patent from the State o£ Tsxas to tha City of Port Arthur; and, l^TtIEP,EAS, ccrtaln citizens are now dasirous snd anxious Chat a per tioa of sucY, Survey Le dedicated and set asida for the use of the public as a pa r'_: rrharoin cStizo rs may gc fcr recro atiion, pleasure and enj o'yment; and, 4.rI1EP.EAS, it i s nova deemed wise in the 3iscretion oP the City Com-nission that the property hereinafter described be set aside .and,de dicated for park purposes forever, and tY,at the right of the public to ase and enjay, the same shall not hereinafter 'oa "abridged, save and except that the City o£ Port Arthur may exercise at all times over and across such property and beneath such property all powers that a municipal gov ernrae nt may exercise over land in which it own s.a £ec simple title, subject to this Dedication; end, l^IFIL'P,EAS, it is thought th at through the ye ers such gro- pe rty will become of-great value not in the Pinsnci al sense, but will serve a gre atcr valua by having the same impressed for the public use as e rocre atiori. canter and public park, reserving therein the right o£ the City`to run roads through the same, ditches throuoh~ the s amo, and to place therein or permit others Co place therein and thereon equipment for ente rtairnne nt and recro atio n, and to lay therein and thereon utility lines, standpipes, tol~rers, etc., with the right of the City ~f Port Arthur., or its successors, of ingress - and egress for-any and all utilities through such narlt and for sll. i -. ~ police pouars over such nar Sc. lIOSd, TYSREFORE, BE IT RESOLVED by the City Commission of the Citp of Port Arthur, Toxss, that the followi r.~ describad property Uo set aside end dedicated as a park for the people of ?ort Ps tY.ur for park aiid recreation purposes, viz.: ' Beginning ¢t the most waaterly and of the - Sabine liake co ncroto ravotmont, said point being South 39 def~ees west 139$ feet from the most southerly corner of the Pleasure Pier bulY. hr ad, thence, continuing south 3q decrees, .rest along the creosote pile bulk head for a distance of 1000 feet, said point being at the extreme west end of the creosote piling bulk head thence north $1 _ ~- degrees :-rest hd33.6, more or less, to the south right of way line of the Louisiana ' Shortli re Road, thence north 34 degrees east, along, the south ri,~,ht of way line of road, a distance of 1000 feet thence south _ $1 degrees east a distance of 1833.6, more or less, to point of beginning. BE IT FUR TILER RES OS,VEll-that the name of such above- . described property shall henceforth be lmown as LOGA\* PARK as a monument to the long years of tai L-hf ul public service of the Honorably J_ P. Logan; and, BE I'L FURTHER RESOLVED that the City resor v© from the above and foregoing grant 'the right of ingress and egress thereon, the right to open atroets tiir ough the same or to lay roads and '~thorough£ares, and the right to construct therein memorials, buildings, structures, statues a.nd-similar articles; further reserving the right therein and thereunder to aay-and all mineral rights; further permitting by this Dedication the right of tha City', or its successors, to place upon such property playground equipment, recreation equipment, swim-ning pools and similar equipment for the recreatior. and entertainment of the public; and, BE IT FURTHER RESOLVED that a certified copy of tY.is instrument, daly acknowledged, be filed in the office of the County Clerk of Jefferson County, Taxas, in order that the public may be put on notice as to Lhe intention of the City Commission and the people of Port Arthw^ through them that the above and for e~oing property has been impressed for public use as a park and can neither bo leased nor sold, save and except by vote of the people at an r /' election called therefor and passed by a majority of the vote of the citizenry of the City of Port Arthur. READ, ADOPTED Aiv~ APPRO~T'D at a Regular Meeting of the City Commission of the_Clty of~Port,Arthvr, Texas, heldon.the. 29th day of T4ay, A. D. 1951- -_ _ ~ G .q•\F ' fit. ~.'. ,o; ~. -~ r~ ,~ ,~~ ,r f~., ; ~ ~ ~ ' ~rnost ~.v. riey oa-, City Clerk. T[-[E STATE OF 1'li;:AS ) ~ _ colruTt or JErr~ER~o~I )) _ PE?pgE ;,;~', tl:a ttndersir,•ned aathori.ty, aT~iotary PuUlic 'in and fo-r Jefferson County, iei~~, on this ua,% Personally - a,~Peared J. '. Lo~a.i~, ~Iayoa- of the City o~ :o.t :Arthur, ~iexas, and Ernest [''. Byer, City Clerlc of the Citiy of Port ~lr~chur, Texas, ;•i knot-m to ~me to be the persons whose n2s~tes are su'oscri.bed to the - foregoinr~- inst.uetcnt, aul e.claiowled~ed to cue 'chat they executed . t;ie same fo>- ti;c purposes mid consi:ieration Li?erein e::pressed, and in the capacity stated. GI4s:1 IIiUJ':Il ial TiANll l-.wD SEAL UE C:~EIi%s, ~u-s 29~ii day - oS iciay, A. ll., 1551. ~ ~ - `, _\w f, ~, )' P(~~~ ~,,,, - bioCai• ~ i'u~: is in any" or Jeii er- . . ~_~ _~' scn ounty, Texas. ~~ ... -_ ,J~ (/\~ ~F~Ef FE?•S0 • t TIIli STATfi OP TliSAS ' y ~ fcxas Comtty of .ic CCcrson J C, ]iRED G. FALL, Count Clcru, of 7cf Cccson GOUntY, hereby certify Yhat the foregoing in strwncnt of writing was filed for record' ou the~daY of Jun lD: _l, at.~4~ o'cloclc~~L, and recorded on 6hc 6 d:U oC .i>>1 1'~5~, atl:_`j_~o'clacl<~NI., in the i> ~ P.ccords, Jeffersot ComttY, Texns; in volumr $1$ , Uage 53 of yeq. Witness my hand and seal of office at Beaumont, Texas, the day and year last above written. Rv~ //CQi ~ y rRliD G. I-TILL, V ~ ~ Deput Cow~ty Cleric, Jefferson County, Texas