Ordinance No. 1,986570
ORDINANCE NO.1986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING THE LEASE OF LAND OWNED BY THE CITY
OF BAYTOWN,TEXAS,TO PEACE TABERNACLE UNITED PENTECOSTAL
CHURCH;DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN INSTRUMENT LEASING SAID LAND TO
PEACE TABERNACLE UNITED PENTECOSTAL CHURCH,AND PROVID
ING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the Peace Tabernacle United Pentecostal Church,
which is situated at 1102 North Main adjacent to the City's
water well site,isin need of additional parking space;and
WHEREAS,the City of Baytown has certain property at
its water well site which is not being used and which is not
under fence;and
WHEREAS,the Peace Tabernacle United Pentecostal Church
has expressed a desire to lease such property and surface
same with asphaltic concrete;and
WHEREAS,TEX.REV.CIV.STAT.art.5421c-12 provides
that narrow strips of land and streets and alleys may be
sold by the City to abutting propertyowners without the
necessity of publication of notices and taking of bids;and
WHEREAS,TEX.REV.CIV.STAT.art.5421c-12 further
provides that any conveyance,sale or trade made pursuant to
the provisions thereof shall never be made for less than the
fair market value of the land or interest in land being
conveyed,sold or traded as determined by an appraisal,
which appraisal shall be conclusive of the fair market
value;and
WHEREAS,Tax Assessor-Collector of theCity of Baytown
has made an appraisal of said property and has determined
thatthe sum of Five and No/100 ($5.00)Dollars per month
would not beless than the fair market value for the lease
of said property;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF
BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown
hereby accepts the appraisal of the Tax Assessor-Collector
of the City of Baytown which is attached hereto marked
Exhibit "A".
Section 2:That the City Council of the City of Baytown,
does hereby authorize the lease of land owned by theCity of
Baytown,described in Exhibit "B,"attached hereto forthe
sum of Five and No/100 ($5.00)Dollars per month to Peace
Tabernacle United Pentecostal Church.
Section 3:Thatthe City Council of the City of Baytown
authorizes the Mayor and the City Clerk to execute and
attest to a lease of City owned property described in Exhibit
"B"attached hereto,for parking space for the PeaceTaber
nacle United Pentecostal Church.
Section 4:This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this 8thday of
April 1976.
ATTEST:^TOM GENTRY,Mayor \7
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RipHARDSON,City Attorney
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EXHIBIT "A"
r a i^i)u.m
TO:Fritz Lanham,City Manager
FROM:0.M.Coe,Jr.,Staff Appraiser,Assessor/Collector
DATE:April 6,1976
SUBJECT:RENTAL PAYMENT -NORTH MAIN WELL SITE PROPERTY
(A 17 FOOT X 190 FOOT STRIP ON THE NORTH SIDE)
The property requested for lease by the Peace Tabernacle United .
Pentecostal Church,1102 North Main,is adjacent to the church property
on the south side and owned by the City of Baytown (see attached plat
and pictures.)
The city property is now being used as a water well site forthe
production of sub-surface water.The producing well andstorage is
located to the front of the property and is fenced with a six (6)foot
cyclone fence.The balance of the propertylocated at the rear and a
seventeen (17)foot strip down the north side is not under fence.
The church has requested to lease or rent <his seventeen (17)foot by
one hundred and ninety (190)foot strip for parking purposes.
Theobject of this appraisal is to determine anannual or monthly
rent for the property.In determining the rental value,the continued
egress and ingress use of the strip waspart of the basis.The use of
the stripwas felt necessary to gain entrance to the rear of the water
well site property not under fence.
Thevalue of the 17 foot by 190 foot limited use strip has been
determined to be,in my opinion,one thousand ($1,000.)dollars.
The potential rent which the city may receive is indicative of
what would be justified by the "willing seller,willing buyer"concept
in purchasing property in order to receive a fair rate of return on
the investment.The most stableaverage gross return on the like or
comparable properties is something between 7%and 9%.
For purposes of this appraisal,8%is used ($1,000 x 8%=$80.)
The fact that full use by the church will be impaired to some degree
by the egress andingress privilege ofthecity,a 25%deduction from
the rental payment is used for granting the city this necessary
privilege ($1,000 x 8%x 25%=$60.)
It is,therefore,my opinion based on the foregoingconclusions
that the rental value per annum is $60.or $5.per month.
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75
EXHIBIT "B"
6577
That property located between the north property line of the
City of Baytown andthe 6'cyclone fence enclosing the
City's water well located in the 1100 block of North Main.
Said property being 17'wide and 190'in length.