Norma Owen
Councilmember
Regarding item 9: This proposed Resolution aids the transfer of the Park Drive cul-de-sac to the LVPOA. This is a resolution to Occupy. There is still work to be done to ensure a transfer is done properly but can be handled administratively if this is passed. A quick analysis of the resolution and intent suggests the following:
While Resolution No. 25-2112 authorizes the Lago Vista Property Owners Association (LVPOA) to occupy the City right-of-way (ROW) for the installation of a gate access control panel, it does not explicitly authorize the administrative transfer of ownership of the cul-de-sac to the LVPOA.
This additional section would clearly authorize the transfer and empower City officials to carry out the necessary legal steps. Placing here in the forum for Council consideration.
While Resolution No. 25-2112 authorizes the Lago Vista Property Owners Association (LVPOA) to occupy the City right-of-way (ROW) for the installation of a gate access control panel, it does not explicitly authorize the administrative transfer of ownership of the cul-de-sac to the LVPOA.
Issues with the Current Language:
- It Authorizes Occupation, Not Ownership Transfer
- The resolution permits the LVPOA to use the ROW but does not state that ownership is being transferred.
- The phrase "this section of ROW is intended to be formally conveyed to the LVPOA under separate instrument" (in the Whereas clauses) suggests that another legal action is needed for the transfer.
- No Explicit Authorization for Administrative Transfer
- There is no mention of the City Manager or staff being directed to execute a transfer deed.
- A separate resolution or ordinance would typically be required to formally approve the conveyance of municipal property to a non-governmental entity.
Recommendation:
To ensure that the resolution properly authorizes the administrative transfer of the cul-de-sac, consider adding the following language:Suggested Additional Section
SECTION 5. The City Council hereby authorizes and directs the City Manager and City Attorney to take all necessary actions, including the preparation and execution of a deed or other appropriate legal instrument, to transfer ownership of the cul-de-sac at the end of Park Drive to the Lago Vista Property Owners Association (LVPOA), subject to compliance with all applicable legal and regulatory requirements.This additional section would clearly authorize the transfer and empower City officials to carry out the necessary legal steps. Placing here in the forum for Council consideration.
