Sossi Contradicts University of Texas Regents About Lincoln Park Sale

Southmost family enjoying Lincoln Park(11/9/14)

After the November 4 City Commission meeting, where the commission voted to sell Lincoln Park, 4-3, with Mayor Martinez breaking the tie, the UT Board of Regents met in El Paso November 5 & 6.  

A press release concerning the regent's meeting indicated they viewed their purchase of Lincoln Park as a done deal with an agreed upon price.  Notice the exact wording:  

"The property(Lincoln Park) is critical for the growth of the institution due to its size and proximity to the academic core of the campus; there is no alternative site of equal benefit available. The City of Brownsville has indicated that it plans to use the BARGAIN SALE proceeds to replace the park facilities at locations (note - plural) more convenient to the public.
Bargain Purchase Price: $6.5 million
Appraisal: Appraised by Aquire and Patterson, Inc. (July 23, 2014) market value range from $8,860,000-$9,360,000
Lease back at no cost to the City of Brownsville for a period not to exceed 5 years, so that the City of Brownsville will have time to construct alternate park facilities elsewhere."

City Attorney Mark Sossi, in his arguments before 138th District Judge

City Attorney Mark "It's Legal!" Sossi

Arturo C. Nelson, in a hearing November 19, is essentially telling the UT regents to "hold on."  His words before Judge Nelson, spoken with a straight face, were that the City Commission had merely endorsed a resolution to sell, but that the final price would have to be "negotiated" with the University of Texas based the cost of moving the amenities and fair market value for the property. That revelation may not sit well with the regents who've clearly and gleefully stated they agreed on a $6.5 million "bargain" purchase price.

Sossi used this cutesy approach to imply to Judge Nelson that the lawsuit to block the sale was premature because the City Commission merely resolved to enter into negotiations for a sale.  In other words, bull shit from Sossi.  Had the lawsuit not occurred, the city completes the transaction "as is." Has Sossi opened the door for negotiating a purchase price?

Pat Ahumada

Interestingly, much of the hearing was spent with Sossi and his legal cohort, Attorney William Deane, trying to break down the testimony of former Mayor Pat Ahumada, who performed an appraisal of Lincoln Park.  Sossi and Deane questioned why Ahumada used commercial property along the Interstate as comparables, not property downtown or nearer the park.  

Ahumada stated that he used comparables. "Downtown property is depressed," he observed. "Nothing close to the park was for sale."  He appraised Lincoln Park at a value of $11 million, exclusive of structures, utilities and paving, land only. He described his appraisal as "conservative."

"Have you ever appraised a park?" Deane asked Ahumada.  

"It doesn't matter." answered Ahumada.  "The developer or purchaser will use the land for whatever they can get zoning for, condominiums, single family residences or adding to the university.  An appraisal is based on 'best possible use.'"

Of course, the University of Texas system likely will not retain the property as a park either.

Why would Attorneys Deane and Sossi work so hard to break down Ahumada's appraisal of $11 million if the final purchase price for UT was yet to be negotiated?  Someone is not being honest here.

Judge Nelson recessed the court until a later, unspecified time.  He has several exhibits to study, including portions of the municipal code, a video of the town hall meeting and an Attorney General opinion from 1993.

Attorney Deane, weak in public speaking skills, could barely be heard.  He tried to make the argument that Commissioner Rose Gowen's side job was with UT-Houston, not UT-Brownsville.  Of course, the lawsuit did not state she worked for UT-Brownsville, but merely the UT System.  Judge Nelson seemed to pick up on that, saying:  "Aren't they all part of the UT System?"