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ASKINS & ARMSTRONG, P. C. COPY <br />ATTORNEYS AT LAW <br />702 W. FAIRMONT PARKWAY <br />P.O. BOX 1218 <br />LA PORTE, TEXAS 77572-1218 <br />KNOX W. ASKINS <br />JOHN D. ARMSTRONG <br />CLARK T. ASKINS <br />March 21, 2006 <br />Mr. Wayne Sabo <br />Director of Planning <br />City of La Porte <br />,/Mr. John Joerns <br />Assistant City Manager <br />City of La Porte <br />Re: NCI Alley Closing Application <br />Dear Wayne and John: <br />TELEPHONE 281.471.1886 <br />TELECOPIER 281.471.2047 <br />K ASKINS®HOUSTON.RR.COM <br />J0HN-A@SW8ELL.NET <br />C TAS KIN SOS W 8 EL L. NET <br />i5li <br />MAR 2 1 200 ; ►!�t <br />it i <br />You have requested my opinion on the application of Neighborhood <br />Centers, Inc., a 501c3 non-profit corporation, to close the alley <br />by the old City of La Porte Library and the Church, off of San <br />Jacinto Street in La Porte.. The Library was built on top of the <br />alley, and the alley is being used as a utility easement for water, <br />sewer, and natural gas utilities. <br />I have reviewed the provisions of Chapter 272, Local Government <br />Code, and find no provision exactly on point. The provision which <br />the City uses for Habitat for Humanity matters, concerns the <br />development of low income or moderate income housing. However, due <br />to the fact that there are active utility easements in the alley, <br />-all that the City of La Porte would be closing, is the surface <br />rights for pedestrian and vehicular traffic on the alleyway. <br />Therefore, I would recommend that the City charge NCI a nominal <br />fee, for example, $100.00, for the alley closing, and that the City <br />waive its usual applicant fees payable to the City. However, NCI <br />would have to deal with each of the City's franchised public <br />utilities, on its own. As you know, Reliant Energy charges a very <br />high fee to review these street and alley closing applications. <br />If this recommendation is accepted, I suggest that the standard <br />alley closing ordinance contain the following section: <br />"Section No. _ The City Council finds, determines and <br />declares, that the applicant, Neighborhood Centers, Inc., is <br />a 501c3 non-profit corporation, which provides valuable social <br />services to the citizens of the City of La Porte. City <br />Council further finds, determines, and declares that the alley <br />