Sunday, October 26, 2014

 
WE NEED HELP WITH LINCOLN PARK

FURTHER UPDATE:  This morning a notice of intent to sue was sent to General Counsel for the UT Board of Regents.  If you remember when I did this concerning city plaza, UT took the position they were not party to Tony Martinez and Juliet Garcia's machinations.

The Local Government Code when read with the City Charter confirms the city has no legal authority to convey Lincoln Park to anyone without a vote.  Further the fact UT is imposing no requirements as to how the money should be used, only proves they have no interest in the law.  The law is clear on this issue.

Finally, the statutory and city charter provisions are only the first line of defense.  We are continuing our work in reviewing the deeds and agreement with TxDot as a second line of defense.

UPDATE:  I have been communicating with two lawyers.  A series of Open Records Requests have already gone out.

But what excites me is a legal argument I just read.  It will get us the TRO and the attorney may be willing to file the request.  I will not disclose the argument, because I do not want to play our hand.  I would rather Tony Martinez and Mark Sossi be left doing a double take when they read it.

I am 100% convinced UT will make it clear they have no desire to be party to any of Tony Martinez, Mark Sossi's or Juliet Garcia's machinations.

ORIGINAL POST

While I do not believe UT will care a rats ass as to how many people show up on the 30th, I still think people should go.  I will not be there because I made a promise to be somewhere else.

The key is a lawsuit with a TRO barring any conveyance of the land until the lawyers can review the deed history on Lincoln Park for violations of covenants.

My research has shown me the history is more complex than I care for.  I am including the history from TxDot, and at the bottom the COB RFP to UT.  I am also including two old Herald articles.  This is all in hopes someone may see something of importance or remember something.

When you read the TxDot document I am compelled to ask - where is that green area we were suppose to get where the old Lincoln Park was?  Hum?  Hint as to future promises.

WHAT WE NEED:

I need the original deed to the city for the land where the original Lincoln Park was located. 

I need all documents which includes deeds which reflect the agreement between TxDot and the COB for the relocation of Lincoln Park

I need the deed on the current location of Lincoln Park

There seems to be plenty of places for us to look for ways to stop this.

The city was less then honest when it told me they did not have a legal description for Lincoln Park.  This dishonesty should allow a judge to sign a TRO until such time as we can secure all of the documents for review and the where about of any heir to the original land who may have standing to challenge in court the conveyance of the land.

If there is a TxDot issue which regulates conveyance of the current Lincoln Park then it is possible anyone can seek redress.

Now it is possible that the deal between TxDot and the COB may stop this in its tracks.

This week I will try and find out who at TxDot Pharr may have the documents.  I will do an open records request.  It could by over a thousand pages.  For this I will need help paying for it, and to review all of the documents.  I can only hope they will not make me wait the 10 days before they give me the documents.

TXDOT AND LINCOLN PARK


Lincoln Park

Brownsville’s centrally located 20-acre Lincoln Park provided a major obstacle in

extending US 77/83 to the border station. It was obvious during the defining of

numerous route alternatives that this aspect of the project would be very difficult in

terms of state and federal approvals, as well as dealing with the adjoining

neighborhoods. Working closely with the City’s Park Director and the Park Board, the

selection of a larger nearby site was chosen as the potential location for the new Lincoln

Park. An Environmental Analysis (EA) that included both 4(f) and 6(f) statements was

developed by TEI and approved by the National Park Service (NPS), the Texas Parks

and Wildlife Department (TPWD), and the Federal Highway Administration (FHWA).

The new 50-acre park will contain a single point vehicle entry and 17 acres of water

aesthetics using Lozano Banco. Adjacent to the 17-acre wildlife refuge, the new park

will provide an additional focal point for extensive birding activities in Brownsville and

throughout the Lower Rio Grande Valley.

The extension of U.S. 77/83 is elevated over the present Lincoln Park. TxDOT selected

this alternative based on local comments received during the public meeting and

hearing process. The existing land area under the extended U.S. 77/83 will be

incorporated as a green belt zone.

Very little local opposition to the park replacement plan existed. Much of the effort in

the approval process was convincing the Washington office of the FHWA that only two

of the seven alternatives were really feasible and both included a replacement of

Lincoln Park."

Click for Original Link
 
City of Brownsville Proposal to UT - Click

Herald Articles

Article One: Click

2 comments:

Anonymous said...

This update sounds like good news. Thank you BV for everything that you do for our community.

BobbyWC said...

I am the middle man - the credit goes to the lawyers who are doing a lot of the same research as me.

I am hopeful to speak with a possible plaintiff tomorrow - we need the right face and story to make this into a PR piece UT will not like

Even on the plaintiff it is another reader who has been working with - there are people working together more than merely posting stuff to the internet -

I hope I am wrong and the turn out scares UT so that no litigation will be necessary - I am willing to eat crow on that one

Bobby WC