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05 Lake Crook
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05 Lake Crook
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Last modified
11/17/2005 11:15:09 AM
Creation date
1/14/2005 6:53:56 AM
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Template:
AGENDA
Item Number
05 Lake Crook
AGENDA - Type
MISCELLANEOUS
Description
Lake Crook Development Study
AGENDA - Date
1/20/2005
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<br />.. <br /> <br />~ of Paris <br /> <br />Stud~ of Lake Crook <br /> <br />March,2001 <br /> <br />, <br /> <br />There should be severe limitations on the 'use of insecticides, herbicides, and fertilizers on lawns, <br />gardens and landscapes. Almost all insecticides for home use carry warning labels conveying a <br />stem. threat of potential environmental damage to fish and birds if the product is misused. <br />Although monitored by the city's treatment plant staff and laboratory, nonnal filtratioI} methods <br />at the city's water treatment plant are no t designed to remove these types of po isons from water. <br /> <br />The city should restrict potential silt damage to the lake during the construction of utilities, <br />roadways and buildings. Erosion control plans must be developed and adhered to by each of the <br />parties involved in building subdivisions or homes, <br /> <br />The clearing of trees and vegetation should be closely regulated to prevent potential erosion <br />damage to the shoreline. <br /> <br />3.1.3 Legal Issues. The consultant is a\vare of Section 253.001(b) \vhich requires that land held <br />by a city as a park may not be sold unless the issue is submitted to the qualified voters of the <br />municipality and approved by a majority of the votes cast. Section 1508.006 of the Texas <br />Government Code further requires an election if the property is sold or encumbered for more than <br />$5,000. Case la\v has extended these provisions to even cover long term leases of property. <br /> <br />.., <br /> <br />Chapter 272 of the Texas Local Government Code contains provisions requiring a published <br />notice and a sealed bid to sell or exchange land. Once again, this la\v has been ~xtended by case <br />law to cover long term leases as being comparable to an actual sale. <br /> <br />The consultant is not qualified to practice law. We do not knO\V \vhether the use of the property <br />for hunting, hiking or similar uses renders it as "park" land and therefore subject to an election <br />or not. Certainly, however, this is an obstacle to overcome if the city council does decide the sale <br />of land is in its best interest. We point out that one citizen could effectively shut down the <br />process of selling land until a ruling could be issued in court months or years down the line. <br /> <br />3.1.4 Logistics to a Sale of Public Land. Hand in hand with the previous discussion section, <br />the actual transfer of land to a developer may prove to be extremely complicated. For example, <br />no developer will want to bid on the property without conducting his own feasibility and due <br />diligence study to decide what the land might be worth to him or her. Most developers, faced <br />with a competitive bid situation, may not be inclined to invest the money to conduct such a study <br />on the off chance they may 'win' the bid. Further, the potential bidder may be reluctant to accept <br />the city's own study as being sufficiently thorough enough on which to base a bid for possibly <br />millions of dollars. Given these difficulties in preparing a bid, potential bidders will be reluctant <br />and competition will be scarce. As a result the bid prices the city receives may be artificially low. <br /> <br />3.1.5 Campbell Soup. The nuisance odors created by the surface disposaf of irrigated waste <br />water on Campbell Soup property is apparently well known in Paris circles. We encountered <br />dozens of individuals who stated the odor is so strong that it can make one ill to the stomach at <br />the very worst and keep citizens indoors at the very least. Campbell Soup does not appear to be <br />altering their disposal process and have millions of dollars invested in their land disposal system. <br />A developer considering Lake Crook will not take this problem lightly. It may be a substantial <br /> <br />Page 20 of 45 <br />
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