Sunday, October 26, 2014

Texas Parks & Wildlife Code and Local Government Code May Prevent Brownsville from the Stupidity of Selling Lincoln Park

Is Tony Martinez the Worst
Mayor in Brownsville History?
Likely, no Mayor and City Commission in Brownsville have been more irresponsible with taxpayer assets and monies than this group.  The taxpayers will spend the next TWENTY years paying down Certificates of Obligation for the foolish purchase of 12 downtown buildings for which the city still has no need.

The Mayor and Commission tried to give away City Plaza, exchanged $270,000 in rent from UT for El Cueto Building for an amateurish, loose gravel parking lot and now are poised to give away Lincoln Park with all its amenities for no good reason.  A building was leased for a year to be the mayor's office, but was only used three times, never by the mayor.  If any city commission needed a strong leash, it is this one.

While they say you can't fix stupid, the Texas Parks and Wildlife Code and the Municipal Code may protect Brownsville taxpayers from our I.Q. challenged Mayor and City Commission.  We've highlighted the portions of code that seem to protect us from the beyond foolish proposal to transfer Lincoln Park to the ultra-rich University of Texas System.
Texas Parks and Wildlife Code
"Sec. 26.001. PROTECTED LAND; NOTICE OF TAKING. (a) A department, agency, political subdivision, county, or municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the department, agency, political subdivision, county, or municipality, acting through its duly authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or taking of such land; and
(2) the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking.
(b) A finding required by Subsection (a) of this section may be made only after notice and a hearing as required by this chapter.
(c) The governing body or officer shall consider clearly enunciated local preferences, and the provisions of this chapter do not constitute a mandatory prohibition against the use of the area if the findings are made that justify the approval of a program or project."




LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE A. MUNICIPAL ACQUISITION, SALE, OR LEASE OF PROPERTY
CHAPTER 253. SALE OR LEASE OF PROPERTY BY MUNICIPALITIES
Sec. 253.001. SALE OF PARK LAND, MUNICIPAL BUILDING SITE, OR
ABANDONED ROADWAY. (a) Except as provided by Subsection (b), the governing body of a municipality may sell and convey land or an interest in land that the municipality owns, holds, or claims as a public square, park, or site for the city hall or other municipal building or that is an abandoned part of a street or alley. A sale under this section may include the improvements on the property.
(b) Land owned, held, or claimed as a public square or park may not be sold unless the issue of the sale is submitted to the qualified voters of the municipality at an election and is approved by a majority of the votes received at the election; provided, however, this provision shall not apply to the sale of land or right-of-way for drainage purposes to a district, county, or corporation acting on behalf of a county or district.

7 comments:

  1. Where would you be without progress, Barton? A municipal park is subject to imminent domain as anything else. You're not writing about Yellowstone, dude.

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    1. again with imminent - did you mean eminent domain

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  2. Typically TP&W seems to ignore these violations. I don't think anybody in Austin really cares. It was the same kind of deal when the county leased the public boat ramp and the surrounding area at the Island end of the old causeway for an RV park. It was by far the best ramp in the county and was heavily used. Basically, it was no longer available for public use. There was an agreement with TP&W that the county would not do any of the stuff they did do and there was no consequence. In fact, TP&W continued to fund county projects with the same provisions. It has always been my assumption that the county would violate those agreements at will.

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  3. I am against the sale, but if they are going through with the sale, then it should be strictly based on market value and no give away. Let them go find similar size land with nearby amenities and pay for the replacement cost of all utility improvements, buildings, walkways, street, parking, trees, baseball field, etc. Simple! Give the citizens what you are taking from them.

    UT is one of the richest university's in the world and it has preyed on the poorest city in the nation. UT through TSC took 90 acres for free from the city, took the Jacob Brown Auditorium and parking facility for $1.0 million, but it cost taxpayers $30 million to replace what they took. They took the River Bend Golf Course for nothing and have taken, taken, and taken, all in the name of education at the expense of higher taxes for Brownsville citizens and lower standard in our quality of life. They should not get away again without paying replacement cost.

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    Replies
    1. Anything less than replacement cost is not acceptable!

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    2. no one is asking for your opinion pat, settle the hell down...animal

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    3. yea...shut up, blimp!

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