HomeMy WebLinkAboutPO 7135: HURRICANE HARVEY DISASTER RECOVERY PROGRAM, REQUIRE PROPERTY IN COMPLIANCE WITH CITY CODES INTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
Date: March 14, 2023
To: Ron Burton, City Manager
Mayor and City Council
From: Beverly A. Freeman, Manager of Housing&Neighborhood
Revitalization
RE: P. O. 7135
NATURE OF REQUEST:
The Housing Division recommends City Council adopt Proposed Ordinance #7135 authorizing the City
Manager to convey a City-owned property to a Port Arthur resident participating in the Hurricane Harvey
Disaster Recovery Program. They currently reside on a sub-standard lot and require property in compliance
with City Codes.
STAFF ANALYSIS/CONSIDERATIONS
The Port Arthur residents suffered extensive damage to their homes during Hurricane Harvey in August 2017.
The residents are qualified through the Government Land Office and AECOM to have a new home built.The
family currently resides on a lot that is substandard/undersized and requires a lot that complies with the City
Codes. The City-owned lot has been identified and will be conveyed to the resident as follows:
Address Legal Description Applicant
1900 6th Street Lot 6,Block 185,City of Port Arthur Lenneth Gardner Sr.
RECOMMENDATION:
The Housing Division recommends City Council adopt Proposed Ordinance#7135 authorizing the City
Manager to convey the City-owned property to a Port Arthur resident participating in the Hurricane
Harvey Disaster Recovery Program. They currently reside on a sub-standard lot and require property in
compliance with City Codes.
BUDGETARY/FISCAL EFFECT:
N/A
P07135
P. O. No. 7135
03/14/2023 BF
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED
FOR THE CONVEYANCE OF VACANT LAND TO A LOW AND
MODERATE-INCOME RESIDENT OF PORT ARTHUR WHO IS
PARTICIPATING IN THE HARVEY DISASTER RECOVERY
PROGRAM THROUGH THE TEXAS GOVERNMENT LAND
OFFICE AND THE AECOM DISASTER RECOVERY PROGRAM.
WHEREAS, Section 272.001(g) of the Local Government Code provides that a municipality may
convey land for the development of low or moderate-income housing provided that the conveyance serves a
public purpose; and
WHEREAS,the existing lot owned by the person/family included herein is unsuitable for construction
as delineated in Section 10-200 of the Code of Ordinances; and
WHEREAS,the City Council wishes to convey a vacant lot to a low and moderate-income resident of
the City of Port Arthur in furtherance of disaster recovery; and
WHEREAS,the Texas General Land Office and AECOM Disaster Recovery Program are providing
the homes under a program utilizing federal funds to assist persons whose homes sustained damages by
Hurricane Harvey, and the homeowner shall receive a reconstructed house at no cost to the residents; and
WHEREAS,the conveyance of the lot will promote the public purposes of maintaining high-quality,
safe housing and returning persons displaced by Hurricane Harvey to permanent housing; and
WHEREAS,this conveyance is now authorized and shall be subject to the following conditions:
1 . The sale price for the lots shall be Ten and no/100 ($10.00)Dollars.
2 . The General Land Office and AECOM have identified a low and moderate-income
resident and shall provide a new construction home to Lenneth Gardner Sr.
3 . Should the home not be constructed by , 2024, the property shall
revert to the City.
P07135
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 City Council herein authorizes the City Manager to convey the property in
substantially the same form as listed in Exhibit "A" in a Special Warranty Deed to Lenneth Gardner Sr.
SECTION 3. That, if for any reason, the Texas General Land Office and AECOM do not agree to
construct a home under the disaster recovery program on the lot so transferred and require that,while living,
the transferee maintains at least three years of consecutive residency from the time of the completion of the
dwelling built on the lot,the City shall have the right to void the transfer and take any improvements on the
property.
SECTION 4. That, Lenneth Gardner Sr. agrees by signing this Ordinance that if the house at 1900
6th Street is not constructed by , 2024, they will convey the property back to the City of Port
Arthur.
SECTION 5. That, a copy of the caption of this Ordinance is spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED on this day of , A.D.,2023, at the
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
City Council:
NOES:
THURMAN BARTIE, MAYOR
P 0 7135
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APP OVED FOR FORM:
(ke,t -/ L '4JJ
AL TIZENO, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RON BURTON, CITY MANAGER
lY i / .1t/J24---...-,
BEVERLY FREEMAN, HOUSING AND
NEIGHBORHOOD REVITALIZATION
AGREED TO:
LENNETH GARDNER SR.
BY:
PRINTED NAME: LENNETH GARDNER SR.
TITLE: HOMEOWNER
I
P 0 7135
I
7135
EXHIBIT " A "
4 rows
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THE INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
SPECIAL WARRANTY DEED
Date: day , 2023
Grantor: City of Port Arthur, Texas, a municipal corporation
Grantor's Mailing Address (including county):.
P.O. Box 1089
Port Arthur, Texas, 77641-1089
(Jefferson County)
Grantee: Lenneth Gardner Sr.
Grantee's Mailing Address (including county):
P.O. Box 743
Port Arthur, Texas 77641
(Jefferson County)
Consideration:
That the City Manager of the City of Port Arthur,Texas,Ron Burton,for and in consideration of the sum of
Ten and No/100 Dollars($10.00)and other good and valuable consideration and under the terms as denoted in
Ordinance No. 23- to the undersigned in hand paid by the Grantee herein named, that receipt and
sufficiency of which are hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these
present do GRANT, SELL and CONVEY unto Lenneth Gardner Sr.
Property(including any improvement):
LOT SIX (6),BLOCK ONE HUNDRED EIGHTY-FIVE(185),CITY OF PORT ARTHUR,JEFFERSON
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED
RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 1900 6TH STREET).
Reservations from and Exceptions to Conveyance And Warranty:
This conveyance is made expressly subject to all easements,rights-of-way,restrictions,covenants,rights of
reversion, and conditions as denoted in Ordinance No. 23- and all exceptions reservations, and
conveyances of minerals and/or royalties oil and gas and/or mineral leases, affecting the above described
property, and to all zoning laws, ordinances, rules and regulations of municipal and/or other governmental
authorities,but only to extent that same are in force and effect and relate to the above described property.This
P 0 7135
conveyance is also made subject to all state and federal laws and regulations, if any, affecting said property
though they may be unrecorded.
Grantor, for the consideration and subject to the reservation from any exceptions to conveyance and
warranty, grants sells and conveys to Grantee the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to the Grantee's Heirs, executors,
administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's Heirs, executors,
administrators, and successors to warrant and forever defend all and singular the property to Grantee and
Grantee's heirs,executors,administrators,successors,and assigns,against every person whomsoever lawfully
claiming or to claim the same or any part there except as to the reservations from and exceptions to
conveyance and warranty, when the claim is by, through, or under Grantor, but not otherwise.
Grantee acknowledges that Grantor has not made and does not make any representations as to the physical
condition of the property or any other matter affecting or related to the property(other than warranties of title,
as provided and limited herein). As a material part of the consideration for this deed, Grantee expressly
agrees that to the maximum extent permitted by law,the property is conveyed"as is"and"with all faults,"and
Grantor expressly disclaims,and Grantee acknowledges and accepts that Grantor has disclaims,any and all
representations,warranties,or guarantees of any kind,oral or written,express or implied(except as to title,as
herein provided and limited) concerning the property, including, without limitation, the profitability,
suitability, or fitness for a particular purpose of the property. Grantee acknowledges and stipulates that
Grantee is not relying on any representation, statement, or other assertions of the City with respect to the
condition of the property but is relying on Grantee's examination of the property.
Executed on the day of , A.D., 2023.
GRANTOR:
CITY OF PORT ARTHUR, TEXAS
BY:
RON BURTON,
CITY MANAGER
APPROVED AS TO FORM:
VAL TIZENO,
CITY ATTORNEY
P 0 7135
•
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME,THE UNDERSIGNED Notary Public,on this day personally appeared Ron Burton,
City Manager of the City of Port Arthur, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of
Port Arthur, for the purposes and consideration therein expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day
of , 2023.
Notary Public, State of Texas
GRANTEE:
BY:
LENNETH GARDNER SR.
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Lenneth
Gardner Sr., known to me to be the person whose name is subscribed to the foregoing instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of
, 2023.
Notary Public, State of Texas
Return to: Original to Grantee: Lenneth Gardner Sr.
P. O. Box 743
Port Arthur,Texas 77641
Copy to Grantor: City of Port Arthur Legal Dept.
P. O. Box 1089
Port Arthur, TX 77641-1089
P 0 7135
