Res 2013-045/Expressing Support for Legislation Authorizing Home Rule Cities to Enter into contractual agreements with Brokers for the sale of real property

Home Browse Search

RESOLUTION No. 2013 -45R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, EXPRESSING SUPPORT FOR LEGISLATION AUTHORIZING HOME RULE CITIES TO ENTER INTO CONTRACTUAL AGREEMENTS WITH BROKERS FOR THE SALE OF REAL PROPERTY OWNED BY A HOME RULE MUNICIPALITY. RECITALS: 1. WHEREAS, Texas counties have had the authority by State Law to engage the services of licensed real estate brokers to assist with the sale of real property under Chapter 263.008 of the Local Government code adopted by the Texas Legislature in 1.991; and 2. WHEREAS, in 2012, the City of San Marcos attempted to sell valuable real property owned by the City to benefit the people of the community in accordance with state law processes that currently allow municipalities to sell real property only by public auction under Section 253.008 of the Texas Local Government Code or by sealed bidding after publication of two notices in a newspaper under Section 272.001 of the Texas Local Government Code; and 3. WHEREAS, the City of San Marcos received only one sealed bid, in the amount of $30,000, for a 25 acre tract of land recently appraised at a market value of $3,596,000; and 4. WHEREAS, The City of San Marcos has requested the introduction of legislation durin g the 83rd Texas Legislative Session to authorize home rule cities to contract with a broker for the sale of real property in the same manner as counties, thereby allowing the property to be listed on the Multiple Listing Service (MLS) to maximize exposure of city -owned property to the market, reach more potential buyers, and enable cities to sell property at prices that reflect their true value; 5. WHEREAS, this proposed legislation would allow the governing body of a municipality the option to sell a tract of property by contract with a broker in lieu of the public auction or notice and bidding requirements currently prescribed by law as the only option for cities; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City of San Marcos fully supports House Bill 1795, introduced by Rep. Jason Isaac, and Senate Bill 985, introduced by Sen. Judith Zaffirini, in the 83rd Session of the Texas Legislature and urges adoption of this legislation in order to maximize the public benefit derived from the sale of city -owned property.