03-7: Opposition Letter to Expedition School - August 2, 2024 — original pdf

Backup

Open Letter In Opposition for a Permit and Concession To The Expedition School et.al. *** Time Sensitive*** Date: August 2, 2024 ( Addition items to consider and amended on August 15, 2024 ) To: City of Austin Mayor Kirk Watson, City Manager TC Broadnax, City of Austin Parks Interim Director Angela Means, City ACM Stepahanie Hayden-Howard CC: City Council Member District 3 Jose Velasquez, All City Council Members CC: City of Austin Parks Board Chair Pedro Villarlobos, Vice Chair Kathryn Flowers, District 3 Board Representative Nicole E. Merritt, Holly Reed CC: City of Austin Legal Department From: East Town Lake Citizens Neighborhood Association HABLA Residences of East Austin Raza Roundtable LULAC Significant City of Austin stakeholders to submit their concerns directly to Council Applicant: MWM Design, Expedition School LLC, Expedition School Fund and Kimery Duda Regarding: Ordinance # 20191205-070 Dated December 5, 2019 (Violation 1) “An ordinance authorizing a boating concession on Lady Bird lake for the Expedition School (a) Waiving the requirements of City code Section 8-1-74 (Review of a proposal seeking a concession). (Violation 2) (b) And amending the Holly Shores/ Edward, Sr, Park Master plan to indicate the location of the Expedition school’s boating concession” (Violation 3) ____________________________________________________________________________ Violation1. Ordinance # 20191205-070 should be rescinded immediately based on a violation of City Charter. § City Charter Article 2 Chapter 7 Section A and (1). - POWERS OF THE COUNCIL. All powers and authority which are expressly or impliedly conferred on or possessed by the city shall be vested in and exercised by the council; provided, however, that the council shall have no power to, and shall not: (A) Sell, convey, lease, mortgage, or otherwise alienate any land which is now, or shall hereafter be, dedicated for park purposes, unless: (1) the qualified voters of the city shall authorize such act by adopting in a general or special election a proposition submitting the question and setting forth the terms and conditions under which such sale, conveyance, lease, mortgage, or other alienation is to be made; Amendment note: Section 7 appears as amended at the election of November 6, 2012, and later renumbered by Ord. 20121213-004. Violation 2. Ordinance # 20191205-070 should be rescinded immediately based on violation of its fiduciary duties as City Council members by omitting City Code Section 8-1-71 and Section 8-1-72. The applicants do not meet the requirements of financial capacity and requirements under this code and section. In addition, The Internal Revenue Service, The Texas Comptroller of Public Accounts, and the Secretary of State corporations division documents reveal non-compliance with these respective government agencies. Violation 3. Ordinance # 20191205-070 should be rescinded immediately based on lack of transparency and of the process of this application. An investigation should be conducted as to why the Holly Shores Vision Plan hasn’t been amended as requested by this ordinance (notwithstanding its invalidity) in the last 4 years since this was voted on by City Council. In addition, a Parkland Improvement Development Services Agreement (PIDA) hasn’t been signed because The Expedition School has NOT demonstrated they have secured the funds to start the construction. Other significant concerns that may violate City protocols as required by law. ● Has the Real Estate Office along with The Finance department examined in detail the risk elements this concession poses to the city ? ● Has the Environment Commision given the opportunity to examine the public safety and environmental issues related to water quality in the lagoon? ● Has the City of Austin Office of Historical Preservation examined the fact that the Holly Rendon Sr, Festival Beach is recognized by the Texas Historical Commision and why this park isn’t protected from development? ● Has the Office of Equity had the opportunity to examine the displacement of the Hispanic community parkland and further alienate park residents from its purpose and be protected under City Charter “ Limited Powers of City Council”. ? It is hereby recommended that all parties Cease and Desist from all actions herein until all parties are given an opportunity to further negotiate the termination or the relocation of applicants request. In closing, our effort in this cause is to have the vested authorities within the City to agree that this should be a proposition and voted on by the registered voters of the City of Austin. In addition it is our hope to bring all stakeholders together to further discuss the request to rescind this ordinance. This Open Letter in Opposition to grant a permit is time sensitive and would greatly appreciate a response no later than August 21, 2024. If you have any additional questions please feel free to contact me via email or by phone listed below Thank you for your time. Respectfully, Bertha Rendon Delgado President of East Town Lake Citizen Neighborhood Association Easttownlake@gmail.com mariedelgado267@yahoo.com (737) 381-8277 Disclaimer: The content of this letter and its authorization to release this information are not prepared by an Attorney nor should it be construed by any court of law as having any legal precedence without review by the Law department of the City of Austin.