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<br /> 19
<br />í;r.
<br />~
<br />P:J.
<br />HJ
<br />t..¡;¿ ORDINANCE 1986-26
<br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br /> OF SAN ~1ARCOS, TEXAS, APPROVING THE PROPOSED
<br /> SALE OF LOT 6, BLOCK 1, OF THE FIRST SECTION
<br />Ciìiê) OF VICTORY GARDENS IN SAID CITY, TO FRANCO
<br />.......
<br /> BENITES LOPEZ AND \HFE, LUPE SUAREZ LOPEZ;
<br /> AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL
<br /> WARRANTY DEED AS TRUSTEE FOR SAID CITY, THE
<br /> STATE OF TEXAS, THE COUNTY OF HAYS, AND THE
<br /> SAN ~1ARCOS CONSOLIDATED INDEPENDENT SCHOOL
<br /> DISTRICT; AND, DECLARING AN EFFECTIVE DATE.
<br /> WHEREAS, on April 3, 1961 the Clerk of the District Court of
<br /> Hays County, Texas, ordered the sale of certain real property
<br /> described below pursuant to the foreclosure by the City of San
<br /> ~larcos, Texas of certain property tax liens; and,
<br /> WHEREAS, on May 2, 1961, the Sheriff of Hays County, Texas,
<br /> conducted a public sale of said property, and there being no
<br /> sufficient bid received to satisfy the taxes, penalties, interest,
<br /> and costs adjudged against said property, said property was bid
<br /> off to the City of San Marcos, Texas, for the aggregate amount of
<br /> the judgment against said property, to-wit: $283.00; and,
<br /> WHEREAS, said City holds title to said property in trust for
<br /> the use and benefit of itself, the State of Texas, the County of
<br /> Hays, and the San Marcos Consolidated Independent School District;
<br /> and,
<br /> WHEREAS, Section 34.05, Texas Property Tax Code, provides
<br /> that no property sold to a taxing unit at a foreclosure sale shall
<br /> be resold for less than the market value specified in the judgment
<br /> of foreclosure or the total amount of judgments ãgainst the
<br /> property, whichever is less, without the consent of each taxing
<br /> unit entitled to receive proceeds of the sale under the judgment;
<br /> and,
<br /> WHEREAS, Article 542lc-12, V.A.C.S., provides that bid
<br /> procedures and publication requirements set forth therein shall
<br /> not be applicable in the sale or disposal of real property
<br /> interests belonging to a political subdivision with regard to
<br /> narrow strips of land, or land so shaped or so small as to be
<br /> incapable of being used independently as zoned or under applicable
<br /> subdivision or other development control ordinances; and,
<br /> WHEREAS, the subject property described below is such a
<br /> parcel as described immediately hereinabove; and,
<br /> WHEREAS, Article 542lc-12, V.A.C.S., further provides that
<br /> such parcels may be sold to the abutting property owner or owners
<br /> in proportion to their abutting ownership for not less than the
<br /> fair market value of said property as determined by an appraisal
<br /> obtained by the political subdivision; and,
<br /> WHEREAS, one of the abutting property owners, Edelmira G.
<br /> Cimadevilla has no interest in purchasing said property or a
<br /> portion thereof, as evidenced by her in writing as shown in
<br /> Exhibit A which is attached hereto and incorporated herein for all
<br /> purposes; and,
<br /> WHEREAS, the other abutting property owners, Franco Benites
<br /> Lopez and vo/Ì fe, Lupe Suarez Lopez, are interested in purchasing
<br /> all of said real property for the appraised value thereof; and,
<br /> WHEREAS, the fair market value of said property is $1,500.00
<br /> as determined by an appraisal thereof; and,
<br />
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