ORD 1997-18 - Acquisition and Exchange of Land For WWTP 06-04-1997ORDINANCE NO. 97-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING THE ACQUISITION AND
EXCHANGE OF LAND FOR A WASTEWATER TREATMENT PLANT
SITE, AND MAKING OTHER FINDINGS AND PROVISIONS RELATED
THERETO.
WHEREAS the City of Huntsville, Texas, has previously acquired property for the purpose of
constructing a municipal wastewater treatment site; and
WHEREAS the City of Huntsville, Texas, needs to exchange this property with the abutting
property owner for other land to be used for the same public purposes in a transaction
that also includes cash; and
WHEREAS the City of Huntsville, Texas, has obtained an appraisal of the fair market value of
the properties which is consistent with the terms of this proposed transaction;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: The Mayor and/ or City Manager are hereby authorized and directed to execute all
documents necessary for the City to acquire 39.17 acres of land from Joe M. Smith
or the true owners thereof, for a waste water treatment plant site by exchange of 35.5
acres of land of land owned by the City on Robinson Road and additional cash
consideration not to exceed $44,000.00.
SECTION 2: This ordinance shall take effect immediately.
PASSED AND APPROVED by City Council on this 4th day of June, 1997.
CITY OF HUNTSVILL
/, illiam B. Gre n, Mayor
ATT T:
Danna Welter, City Secretary
APPROVED:
Scott Bounds, City Attorney
Closing Statement:
The City agrees to pay for the property in cash and trade:
35 acres at $3,500.00 per acre ......... .... . ....................... $122,500.00
4.17 acres at $1,750.00 per acre .............. ............................... 7,297.50
Total ............... $129,797.50
In trade: the land in Walker County, Texas, described as 35.5 acres in the William McDonald
League, A -30, described as four tracts, with all rights, privileges and appurtenance pertaining thereto,
subject to the following exceptions, reservations, conditions and restrictions: the title shall not
include any interests in oil, gas or mineral estates owned by third parties as shown in any instrument
filed with the Walker County Clerk before 1997.
Kindle tract (5.5 acres) ............. ............................... $17,365.00
Haigis tract (10 acres) .............. ............................... 23,500.00
Higgins/Presley tract (10 acres) ....... ............................... 21,569.00
McIlhaney tract (10 acres) ........... ............................... 25,000.00
Total ................ $87,434.00
Incash: .............................................................. $42,363.50
Broker's fee: There shall be no broker's fee.
Survey: The City shall acquire and pay for the surveys required for this transaction.
Title policies: The City shall acquire and pay for the title policies required for this transaction.
G.F. or File No. 9703849/COH . ............................... about $1,216.00
G.F. or File No. 9703850/Joe Marcus Smith ...................... about 932.00
Taxes: Each party has paid all taxes due on the respective properties owned by them through
February 1997. Each party assumes liability for all ad valorem taxes assessed on or after January
1, 1997 for the property they acquire from this transaction.
Fencing: The City agrees to fence the properties described as follows:
a. from Robinson Creek along Robinson Road and the east line of the four City tracts being
traded to the north line of the four tracts, and from Robinson Road along the north line of
the four tracts to Smith's existing property line.
b. along the east line of the proposed wastewater treatment site including the access road from
the plant site to Robinson Creek.
The City of Huntsville, Texas Joe M. Smith
William B. Green, Its Mayor