TPWD: January 25, 2018 Commission Meeting Agenda

January 24-25, 2018, Commission Meeting Agenda

Work Session

Commission Agenda Items

November 1-2, 2017, Transcripts

Commission Agenda Item No. 7
Presenter: Stan David

Action
Disposition of Land - Smith County
Approximately 3.5 Acres Formerly Part of the Tyler Fish Hatchery
January 25, 2018

I. Executive Summary: Texas Parks and Wildlife Department (TPWD) sold the remainder of the Tyler Fish Hatchery in 2004, but overlooked a 3.5-acre tract of the property in the process.

II. Discussion: TPWD acquired land for the Tyler Fish Hatchery in the 1920s and 1930s, and the site produced freshwater fingerlings for a number of decades before the small size of the facility and infrastructure limitations resulted in the relocation of fingerling production to other hatcheries, particularly the Freshwater Fisheries Center in Athens. An 18-acre site reverted to the original owner in the 1990s, and TPWD sold 21 acres in 2004, believing it had sold all that remained of the hatchery. It was recently brought to the attention of staff that an approximately 3.5-acre tract is still in TPWD ownership. The tract serves no purpose to TPWD. Furthermore, the tract has no deeded access and is entirely in a flood plain. On May 25, 2016, the Texas Parks and Wildlife Commission authorized staff to solicit public input regarding the disposition of this tract. Staff has received an offer from an adjacent landowner.

III. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as Exhibit A”

Attachments – 4

Exhibit A – Resolution
Exhibit B – Location Map
Exhibit C – Vicinity Map
Exhibit D – Site Map

Commission Agenda Item No. 7
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Disposition of Approximately 3.5 Acres Formerly Part of the Tyler Fish
Hatchery in Smith County

Resolution

Whereas, In the 1920s and 1930s Texas Parks and Wildlife Department (TPWD) acquired land on the west side of Tyler, Texas for the construction and operation of a freshwater fish hatchery known as the Tyler Fish Hatchery; and,

Whereas, in 1926, Texas Parks and Wildlife Department (TPWD) purchased approximately 3.5 acres of land from Ben B. Cain (Subject Tract) for addition to the Tyler Fish Hatchery ; and,

Whereas, hatchery operations were relocated to the Texas Freshwater Fisheries Center in Athens in the 1990s, and the Tyler Fish Hatchery ceased to be operated as a hatchery; and,

Whereas, upon cessation of hatchery operations, all tracts acquired to develop the Tyler Fish Hatchery either reverted to their previous owners or were sold, except the Subject Tract; and,

Whereas, on May 25, 2016, the Texas Parks and Wildlife Commission authorized Department staff to post public notice and solicit input regarding the sale of the Subject Tract; and,

Whereas, Greenbriar Lake Club, an adjacent landowner, has had the Subject Tract appraised and offers to purchase the Subject Tract for an amount in excess of the appraised value; and,

Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Texas Parks and Wildlife Code, Chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in a newspaper of general circulation which is published at least six days a week in the community nearest to the Subject Tract in which such newspapers are published (Tyler Morning Telegraph in Smith County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing and that such notices specified the date and time at which the Commission would hear testimony regarding the Easement; and,

Whereas, the Commission finds, in accordance with Texas Parks and Wildlife Code, Chapter 26, that there is no feasible and prudent alternative to the use or taking of such land (the Subject Tract); and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code, that sale of the Subject Tract is in the best interest of TPWD; and,

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to sell the Subject Tract for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 25th day of January, 2018.

______________________________________ ______________________________________

T. Dan Friedkin, Chairman Ralph H. Duggins, Vice-Chairman

______________________________________ ______________________________________

Anna B. Galo, Member Bill Jones, Member

______________________________________ ______________________________________

Jeanne W. Latimer, Member James H. Lee, Member

______________________________________ ______________________________________

S. Reed Morian, Member Dick Scott, Member

______________________________________

Kelcy L. Warren, Member

Commission Agenda Item No. 7
Exhibit B