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e e ORDINANCE NO. 95-2033-D PAGE 2 SUBJECT TO: The vacating, abandoning, and closing of the above described portion of West "F" Street, shall, as to the North sixteen feet (16') of such property, be subject to and limited by the terms and provisions of each utility franchise agreement between the City of La Porte and its various franchised public utilities, and, as to the North sixteen feet (16') feet of such property, shall also be subject to the right of the City of La Porte to use the North sixteen feet (16') of said property as and for an easement for an existing eight inch (8") City of La Porte water main and associated facilities. Provided, however, nothing in this paragraph shall impede the right of the owner of said property, to pave and use the surface of said sixteen foot (16') public utility easement, and to make any other and further use of said sixteen foot (16') public utility easement which is not inconsistent with the rights of the City of La Porte and its duly franchised public utilities in and to such easement. section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. Applicant shall have thirty (30) days from the effective date hereof to pay the City in certified funds, the sum of $24,000.00, as consideration hereunder. The City Secretary shall not issue a certified copy of this ordinance until such payment is made. If such payment has not been made within thirty (30) days from the effective date hereof, this ordinance shall be null and void.