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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 1603 <br /> <br />AN ORDINANCE GRANTING A LICENSE TO McDONALD'S CORPORATION FOR USE <br />OF THE SURFACE OF THE NORTH THREE HUNDRED TWENTY-FIVE FEET (325') <br />OF THE SIXTEEN FOOT (16') ALLEY IN BLOCK ELEVEN HUNDRED ONE (1101), <br />TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, RETAINING PUBLIC UTILITY <br />EASEMENTS: PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE: FINDING <br />COMPLIANCE WITH THE OPEN MEETINGS LAW" AND PROVIDING AN EFFECTIVE <br />DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: <br /> <br />Section 1. Subject to the terms and provisions hereof, and <br />under and by virtue of the power granted to the City of La Porte <br />under its Home Rule Charter, and Chapter 13, Title 28, Article l175, <br />of the Revised Civil Statutes of Texas, 1925, the City of La Porte <br />hereby grants a license for the use of the surface of the <br />hereinafter described portion of an alley in the City of La Porte, <br /> <br />to McDonald's Corporation, to-wit: <br /> <br />The North 325 feet of the alley in Block Eleven Hundred <br />One (1101), TOWN OF LA PORTE, Harris County, Texas, <br />being that portion of the alley lying and being adjacent <br />to Lots Twenty (20) through Thirty-two (32), both <br />inclusive, Block Eleven Hundred One (1101), TOWN OF LA <br />PORTE, Harris County, Texas, being a tract of land 16 <br />feet by 325 feet. <br /> <br />Section 2. The term of this license shall be for so long as <br /> <br />McDonald's Corporation, its successors or assigns, operates a lawful <br /> <br />business on Lots Twenty (20) through Thirty-two (32), both <br /> <br />inclusive, Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris <br /> <br />County, Texas. <br />Section 3. As consideration for this license agreement, <br /> <br />McDonald's Corporation, its successors and assigns, agrees to <br /> <br />landscape and maintain a "conservation setback" on the West (4') of <br />such alley, in accordance with the terms and provisions of Ordinance <br />No. 1501, the City of La Porte Zoning Ordinance, which provides, <br />among other things, for landscaping with trees, shrubs, and <br />groundcover, with a planting plan required to be submitted and <br /> <br />approved by the City of La Porte. <br /> <br />In addition, McDonald's Corporation, its successors and <br /> <br />assigns, further agrees to landscape and maintain a "conservation <br /> <br />setback" on the approximate East fifteen feet (15') of the Harris <br />County Flood Control right-of-way, adjacent to said alley, in <br />accordance with the requirements of the Harris County Flood Control <br />District. It is anticipated that such requirements will call for <br />