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HomeMy WebLinkAbout1981-1311 - Ordinance - 07/09/1981n ORDINANCE NO. 1311 AN ORDINANCE SETTING FORTH THE CITY COUNCIL'S DETERMINATION OF A PUBLIC NECESSITY FOR THE PURCHASE OF CERTAIN REAL PROPERTY IN BRAZOS COUNTY, TEXAS, AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT THEREFOR, AND RATIFYING PRIOR AGREEMENTS AND ACTION", PROVIDING FOR AN AD VALOREM TAX LEVY AND THE USE OF AVAILABLE REVENUES TO MEET SAID OBLIGATION, AND ESTABLISHING AN INTEREST AND SINKING FUND, AND PROVIDING A PROCEDURE FOR THE PURCHASE OF SUCH PROPERTY AND THE PLANNING AND IMPLEMENTATION OF ITS USE AND THE DISPOSITION OF ANY SURPLUS WHEREAS, THE CITY OF COLLEGE STATION has become aware of the availability of certain real property constituting approximately 1266 acres, located in the edge of the City's Extra Territorial Jurisdiction, and the City Council has determined the following facts: 1. The City of College Station will require and must purchase 400 -450 acres of land within the next 5 to 8 years for capital improvements and municipal uses, and such uses are anticipated to include a) provision for additional sanitary sewage treatment (and, potentially, pre- treatment facilities) for existing and newly developed areas, and the City Council has further determined, based upon a study by the City Staff, that a portion of the particular tract named herein will ultimately be needed for such a sewage treatment facility because of the drainage patterns in the area, b) the construction of a roadway for access to the recently purchased landfill site, c) a future landfill site, d) additional storage, garage, and warehouse space for Public Works, and e) additional acreage for a municipal cemetery; and such uses are also anticipated to include the need for a large open space park area with additional recreational facilities, a potential municipal golf course, and a transportation facility, including a proposed heliport and motor vehicle terminal to be constructed in cooperation with the proposed research and development park; each of the listed uses being contemplated in the future, with the actual implementation of same being subject to the planning and approval of the City in the future. 2. Current acquisition costs adjusted for inflation will cause such property to cost the City from x2,000,000 to $5,000,000 if parcels are purchased piecemeal when immediately necessary. 3. That the land hereinafter described may be purchased for a favorable per acre price if and only if all of same is purchased in one transaction at the present time, and that the total cost of same under the present circumstances is less than the lowest aniticipated cost of needed lands for City services and facilities if purchased otherwise; 4. That the surplus land involved in this transaction can be sold or developed and leased to cover the carrying cost of the entire property until its actual public use, and that the revenues from sale or lease of the surplus property will reimburse the City for the entire cost of the approximately 400 acres ultimately anticipated to be devoted to municipal facilities and uses (together with the said carrying costs of the said property) and could reasonably result in satisfying future land requirements of the public at no ultimate expense to the public. 5. That said lands are to be purchased for City purposes, which are public purposes, as are set forth herein, and as determined by the City in the future in accordance with the Planning and Zoning function of the City. �W 6. That said lands or a portion thereof can be used consistently with the City's existing capital improvements program, and that the City should study the feasibility of locating currently scheduled sewer treatment facilities in and on the subject tract, and should implement same in that location if feasible. 7. That the location of the said property is ideal for public use in the near future, and adjoins other property recently purchased by the City, that existing and proposed access is favorable to public use and benefit therefrom, and that the future growth of the City is primarily in the general area and direction of the property in question. There is a public necessity for the acquisition of additional land adjacent to the existing City property north of the subject property, in order to maximize the potential uses of same subsequent to its fulfillment of its initial purpose as a landfill site. 8. That the development of the surplus lands which are unnecessary, at least at the outset, for public facilities, as a high technology industrial park for research and development is a feasible and potential use that will benefit the public both directly and indirectly; and that municipal acquisition of the property will allow the City to control the development of said property through planning and use of restrictive covenants; that such control would not (3494 otherwise be available until subsequent to annexation, and that such control is necessary and appropriate to advance the public health, safety, and welfare of the citizens of College Station. 9. That suitable property for the public purposes set forth herein is not available within the City limits nor within the Extra Territorial Jurisdiction of the City, under the terms and conditions which make the acquisition of such other property an acceptable alternative to the present transaction. 10. That the College Station Industrial Development Foundation is willing to purchase the surplus acreage from said tract and to pay therefor a price equivalent to the City's cost of the acquisition of the entire tract, or in the alternative, to lease same upon mutually agreeable terms; and that such a transaction could result in the expense free acquisition of approximately 400 acres for the public, which is in the public interest and is the goal and objective of this City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: I . That the City of College Station shall contract with the owners or such other parties as are legally entitled to sell and ultimately convey or assign all of that parcel of land described in the Exhibit A attached hereto, which is incorporated herein by reference, and the City shall agree to pay therefor the asking price not to exceed $1,700,000, and the Mayor of the City and the City Manager are directed and authorized to take all necessary actions to arrange such purchase and close said sale to take title to the said tract in the name of the City, and to execute any instruments or documents in connection therewith, to make payment therefor, and to insure the City's title thereto. The City Council is aware of and hereby ratifies all acts of the Mayor and City Manager prior to the passage of this ordinance which relate to this transaction. II. That the City Staff shall, in cooperation with the Planning and Zoning Commission, undertake a study of the site and determine which portions of same are the most desirable for municipal use, and shall survey said portions and identify them upon the ground; and further, that the extent of surplus lands, if any, shall be reviewed, and a recommendation made to this Council concerning which land, if any, to sell as surplus, and which land, if any, to develop or lease. OU9.5 III. That the General Debt Service Fund of the City shall be the Fund used for paying the interest and principal payable on and by virtue of the purchase of said property. All ad valorem taxes levied and collected for and on account of said purchase shall be deposited, as collected, to the credit of said Fund. During each year while any portion of said debt or obligation is outstanding and unpaid, the City Council of College Station shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said debt or obligation as such principal matures (but never less than 2% of the original amount of said debt or obligation as a sinking fund each year) ; and said tax shall be based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City, for each year while any of said debt or obligation or any interest coupons, if any, appertaining thereto are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of such debt or obligation, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. The debt or obligation to be created in connection with this transaction shall also be payable from and secured by the revenues realized by the City from the said property, whether by sale or lease, after payment of all operation and maintenance expenses thereof and all debt service, reserve, and other requirements necessary to meet the City's obligations for the purchase of the said property. IV. That this ordinance was read once and became effective upon passage. PASSED AND APPROVED THIS o DAY OF APPROVED: %f GARY HAUTI ATTEST: G ENN SCHROEDER, CITY SECRETARY Ti 1_ , 1981. �,R, MAYOR In FORM: LOWELL � DEN N, CITY TORNEY 034