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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~,a/J f'~.~-tip
Date: June 9, 2009
Subject: P. O. No. 6007; Council Meeting June 16, 2009
Attached is P. O. No. 6007 approving new guidelines
for the sale of property on Pleasure Island. This was
tabled at the May 19, 2009 Council Meeting.
The proposed guidelines were forwarded to Jimmy Dike,
Director of the Pleasure Island Commission, on May 19,
2009.
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Attachment
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P. O. No. 6007
ORDINANCE NO.
AN ORDINANCE APPROVING NEW GUIDELINES FOR THE
SALE OF PROPERTY ON PLEASURE ISLAND
WHEREAS, it is deemed in the best interests of the citizens to
enact new guidelines for the sale of property on Pleasure Island,
as delineated in substantially the same form as attached hereto as
Exhibit "A"
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the new guidelines for the sale of
property on Pleasure Island are herein approved, in substantially
the same form as attached hereto as Exhibit "A"
Section 3. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
Section 4. That this being an Ordinance amending an
Ordinance which does not carry a penalty, and does not require
publication, it shall take effect immediately from and after its
passage.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
AYES:
City Council
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NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
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CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
GUIDELINES FOR THE SALE OF PROPERTY
(a) Request be made by the Pleasure Island
Commission to the City Council to sell a
tract or tracts of land, with information
being provided as to the existing use of the
tract or tracts, the affect the sale will
have on the overall development of the
Island, the expected use of the funds, the
existing physical condition of the tract or
tracts, and any legal encumbrances or
restrictions thereon, i.e., deed
restrictions, leases and the expected
projected purchase price, the requested
minimum price and the requested earnest
money.
(b) City Council considers the request and
approves it at a Council Meeting, per a duly
approved proposed ordinance, with parameters
delineated therein, as requested by City
Council, which could address minimum price,
earnest money, use of funds, and with a form
of a deed pre-approved by City Council, as
well as such other conditions as the City
Council delineates.
(c) Pleasure Island Commission advertises the
property for sale and complies with Section
272.001 of the Local Government Code and
with the City Ordinance.
(d) Pleasure Island Commission opens bids and
approves or rejects them at a meeting.
(e) If the Pleasure Island Commission approves
the bid, and if the bid price meets the
criteria of the City's ordinance, then the
Pleasure Island Commission can sign the
deed. The deed, the advertisements, the
bids and the other sales documentation
should be presented to the City's Legal
Department as to be verified as being
consistent with the City Council ordinance
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prior to it being signed and filed. The
Pleasure Island Commission or their
designees shall make periodic reports to the
City Council as to the status of efforts to
sell the property and with such other
related information as requested by the City
Council as for example the use of the sales
proceeds.
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