HomeMy WebLinkAboutRes 03-06 Authorizing the Sale of Certain Land - 24.59 Acres Jesse Gibson, A592TOWN OF WESTLAKE
RESOLUTION NO. 03-06
A RESOLUTION BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AUTHORIZING THE SALE OF CERTAIN LAND AND
RESOLVING RELATED MATTERS
WHEREAS, the Town of Westlake, Texas (the "Town") is a Type -A General
Law city and is empowered under Section 272.001 of the Local Government Code to sell
property owned by the Town upon compliance with the provisions thereof;
WHEREAS, the Town adopted a resolution on September 23, 2002 authorizing a
notice to be published seeking bids regarding the sale of a certain tract of land described
on Exhibit A attached hereto and incorporated herein (the "Land");
WHEREAS, the Board of Aldermen (the 'Board") of the Town hereby finds that
all requirements necessary to sell the Land pursuant to Section 272.001 of the Local
Government Code have been satisfied and a bid (the `Bid"), a copy of which is attached
hereto as Exhibit B and incorporated herein, has been submitted by the Westlake
Academy Finance Corporation (the "WAFC") and received by the Town for the purchase
of the Land, and that it is in the interest of the Town to sell the Land on the terms as
provided in the Bid; and
WHEREAS, the meeting at which this Resolution has been considered has been
called and held, and public notice of the meeting has been given, in accordance with
applicable law;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: Preamble.
The preamble of this Resolution and the findings contained therein are hereby
adopted by reference and made part of this Resolution.
SECTION 2: Authorization of the Sale of the Land.
The Board hereby authorizes and approves the sale of the Land to the WAFC in
accordance with the terms and conditions of the Bid.
SECTION 3: Execution and Delivery of Documents.
The Mayor is hereby authorized and empowered to execute and deliver the all
such deeds, assignments, conveyance and related documents for, on behalf and in the
name of the Town, in such form as the Mayor shall deem appropriate to effect the sale of
the Land pursuant to the Bid and to carry out the intent of this Resolution. The approval
of such documents shall be conclusively established by the Mayor's execution thereof.
SECTION 4: Authorized Officers.
The Mayor, each of the members of the Board, the Town Manager, and the
Town Secretary (each as an authorized officer), Larry Williamson, as the Financial
Advisor, Thomas Allen Moon, as the Finance Counsel, and Jenkens & Gilchrist, a
Professional Corporation, as the Special Finance Counsel, are each hereby authorized to
execute and deliver certifications as to facts, estimates, and circumstances as are
necessary to accomplish the purposes of this Resolution and, on the Town's behalf, to do
all things necessary or convenient to effect the sale of the Land pursuant to the terms and
conditions of the Bid and to carry out the terms and purposes of this Resolution.
SECTION 5: Effective Date of Resolution.
PASSED AND APPROVED ON THIS 24TH' DAY OF FEBRUARY 2003.
ATTEST: Scott Bradley, Mayor
Gin Crosswy, TowV Secretary
APPROVED AS TO
Trent O. Petty, Town anager
4
Exhibit A
(Description of the Land)
BEING a 24.59 acre tract of land situated in the Jesse Gibson Survey,
Abstract No. 592, the Richard Eads Survey, Abstract No. 492, and the
Jesse Sutton Survey, Abstract No. 1451, Tarrant County, Texas, Town of
Westlake, being a portion of a tract of land conveyed by deed to AIL
Investments, L.P., as recorded in Volume 13275, Page 542, Deed Records,
Tarrant County, Texas, and subsequently conveyed to the Town of
Westlake, Texas. A metes and bounds description may be obtained at the
Town Hall.
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]BID PROPOSAL
PROPOSAL OF Ale f/%lie I-leaiew) f"l,10WIce corpeflif"
organized and existing under the Iaws of the State of le ro J
a(n).1'�CYt1
1704-DraTil l A WWAO
TO: TOWN OF WESTLAKE, TEXAS (the "Seller")
3 Village Circle, Suite 207
Westlake, Texas 76262
BEING a 24.59 acre tract of land situated in t1e Jesse Gibson Survey, Abstract
No. 592, the Richard Eads Survey, Abstract No. 492, and the Jesse Sutton
Survey, Abstract No. 1451, Tarrant County, Texas, Town of Westlake, being a
portion of a tract of land conveyed by deed to AFL Investments, L.P., as recorded
in Volume 13275, Page 542, Deed Records, Tarrant County, Texas, and
subsequently conveyed to the Town of Westlaie, Texas. A metes and bounds
description may be obtained at the Town Hall.
The undersigned, as Bidder, declares that the only person or parties interested in this proposal as
principles are those named herein, that this proposal is made without collusion with any other
person, firm or corporation, that Bidder has carefully examined the Bial Documents and the form
of the Contract of Sale, including all attachments to the Contract of Sale, and has carefully
examined the location of the tract of land, the real property, improvements and personal property.
It is understood that if the award cannot be made withit the prescribed time, the time limit may
be extended for one (1) or more 30 -day intervals by mutual written consent of the Seller and the
most advantageous Bidder.
TOTAL BID FOR 24.59 ACRES, MORE OR LESS, OF LAND:
Check All That Appiv:
or
V Assumption of the Obligations in the Promissory Note
Cash in the amount of
(in words)
(in figures)
2. V Enter into the Installment Sale Agzeement
NOTE: To be considered complete the Biddermust check one of the options in No. I
and No. 2, above.
Bidder will submit with Bid Proposal three (3) executed original Contract of Sale documents,
Upon request, the successful bidder will furnish approved financial information and records
indicating Bidders ability to perform the close of the transaction. In the event the Contract of
Sale documents are not provided and executed with Bid Proposal, and/or Bidder shall fail to close
on the transaction within the timeframe prescribed in the Contract of Sale or receive an extension
under the terms of the Contract of Sale, the Bid Proposal shall automatically be terminated
without further action.
The undersigned agrees to its faithful performance according to this Bid Proposal.
Receipt is acknowledged of the following exhibits and documents:
A. Contract of Sale.
B. I_.egal Description of the 24.59 acres, more or less, of land.
C. Installment Sale Agreement
D. Promissory Note
Respectfully submitted,
(Company Name
(Name and itle}
(Signature)
Attested by:
i
(Ad ess) 7(, ;7�6 /7
fl -7. Vj. 619111
(Phone No.)
NOTE: Do not detach bid forms from other papers. Fill in with ink and subrnit complete
with attached papers.
H:1Boyle-LowrylWest Lakelwl-bidslw]-bids - bid proposaLdoc
2
MINUTES AND CERTIFICATION
On February 24, 2003, the Board of Aldermen (the 'Board") of the Town of Westlake,
Texas (the "Town") convened in a public meeting at the designated meeting place in Westlake,
Texas. The roll of duly constituted officers and members of the Board was called and are as
follows:
Name
Title Absent
Scott Bradley
Mayor
Fred Held
Alderman
Don Redding
.Alderman
Larry Sparrow
Alderman
Bill Frey
Alderman
Buddy Brown
Alderman
all of whom were present except those indicated above as being absent, thus constituting a
quorum.
Among other things, the Board considered the written resolution as follows:
A Resolution Authorizing the Sale of Certain Land and Resolving Related
Matters
The Resolution was read by the Board.
After due consideration, it was duly moved and seconded that the Resolution be adopted,
The Presiding Officer put the motion to a vote of the Board, and the Resolution was adopted by
the following vote:
AYES:
NOES:
ABSTENTIONS:
The Presiding Officer then declared the Resolution adopted.
The persons named herein are the duly chosen, qualified, and acting officers and
members of the Board as indicated herein.
Each of the officers and members of the Board was duly and sufficiently notified
officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting and
that the resolution would be introduced and considered for adoption at the meeting.
The meeting was open to the public, and public notice of the time, place, and purpose of
the meeting was given all as required by Chapter 551 of the Texas Government Code.
DALLAS2 929372v2 22174-00002
MINUTES APPROVED AND CERTIFIED TO BE CORRECT and to correctly reflect
the duly constituted members of the Board of the Town, and the attached copy of the Resolution
is hereby certified to be a correct copy of an official copy thereof on file among the official
records of the Town and such resolution has not been amended and is in full force and effect on
this February 24, 2003.
By: I (" x
Name: 6ingertrossw-y
Title: Secretary
[SEAL]
DALLAS2 9293 72v2 22174-00002
RESOLUTION
AUTHORIZING THE SALE OF CERTAIN LAND AND RESOLVING
RELATED MATTERS
WHEREAS, the Town of Westlake, Texas (the "Town") is a Type -A city and is
empowered under Section 272.001 of the Local Government Code to sell property owned by the
Town upon compliance with the provisions thereof;
WHEREAS, the Town adopted a resolution on September 23, 2002 authorizing a notice
to be published seeking bids regarding the sale of a certain tract of land described on Exhibit A
attached hereto and incorporated herein (the "Land");
WHEREAS, the Board of Aldermen (the 'Board") of the Town hereby finds that all
requirements necessary to sell the Land pursuant to Section 272.001 of the Local Government
Code have been satisfied and a bid (the "Bid"), a copy of which is attached hereto as Exhibit B
and incorporated herein, has been submitted by the Westlake Academy Finance Corporation (the
"WAFC") and received by the Town for the purchase of the Land, and that it is in the interest of
the Town to sell the Land on the terms as provided in the Bid; and
WHEREAS, the meeting at which this Resolution has been considered has been called
and held, and public notice of the meeting has been given, in accordance with applicable law;
TOWN:
SECTION 1. Preamble.
The preamble of this Resolution and the findings contained therein are hereby adopted by
reference and made part of this Resolution.
SECTION 2. Authorization of the Sale of the Land.
The Board hereby authorizes and approves the sale of the Land to the WACF in accordance with
the terms and conditions of the Bid.
SECTION 3. Execution and Delivery of Documents.
The Mayor is hereby authorized and empowered to execute and deliver the all such
deeds, assignments, conveyance and related documents for, on behalf and in the name of the
Town, in such form as the Mayor shall deem appropriate to effect the sale of the Land pursuant to
the Bid and to carry out the intent of this Resolution. The approval of such documents shall be
conclusively established by the Mayor's execution thereof.
SECTION 4. Authorized Officers.
The Mayor, each of the members of the Board, the Town Manager, and the Town
Secretary (each as an authorized officer), Larry Williamson, as the Financial Advisor, Thomas
Allen Moon, as the Finance Counsel, and Jenkens & Gilchrist, a Professional Corporation, as the
Special Finance Counsel, are each hereby authorized to execute and deliver certifications as to
facts, estimates, and circumstances as are necessary to accomplish the purposes of this Resolution
DALLAS2 929372v2 22174-00002
and, on the Town's behalf, to do all things necessary or convenient to effect the sale of the Land
pursuant to the terms and conditions of the Bid and to carry out the terms and purposes of this
Resolution.
SECTION 5. Effective Date of Resolution.
This Resolution shall take effect immediately upon its adoption.
EXECUTION PAGE TO FOLLOW
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2003,
PASSED AND APPROVED BY TOWN OF WESTLAKE, TEXAS, this February 24,
By:
Name: Scott Bradly
Title: Mayor
[SEAL]
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