1988-09-26 Budget Public Hearing and Regular Meeting

Browse Search

e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: John Department: Administration Report Resolution xx Ordinance Exhibits: 1) Proposed Ordinance 81603 2) May 6, 1988 letter from Robert T. Herrera transmitting: a) Letter from Knox Askins to Robert T. Herrera dated 4i11/88. b) Memo from John Joerns to Robert T. Herrera dated 4/21/88. 3) Street & Alley Closing Request form submitted July 6, 1988. SUMMARY & RECOMMENDATION On July 6, 1988 Mr. Bill Jones requested the City of La Porte to license surface use of the 16 foot alley adjace~t t~ lots 20-32, Block 1101, Town of La Porte. The request asked that no fee be passed on to'the applicant. The applicant intends to utilize the area for construction and maintenance of parking areas and landscaping. Earlier staff correspondence indicates that the City has in the past closed public right-of-way and "licensed" the surface use of right-of-ways for vehicular and pedestrian use while retaining continued use of the right-of-way by the City of La Porte and public utilities holding franchises from the City. Recent examples are the U.S. Post Office, and La Quinta Inn. U.S. Post Office did not pay a closing/licensing fee as they are a governmental entity with the power of eminent domain and therefore exempted from closing fees by our procedures (RE~ Ordinance 81550).. La Quinta paid a closing/licensing fee based on an appraisal of the property in unencumbered fee simple title, surface rights only. Other issues relating to McDonald's proposed development that have been addressed by staff, Planning & Zoning, Board of Adjustments and Council are; 1) Height of sign requested by McDonald's. 2) Updated floodplain information 'from Harris County Flood Control. 3) Re-Iocation of La Porte State Bank sign (GUS). 4) Landscaped conservation setback adjacent to Little Cedar Bayou. All franchised utilities have responded to the City's inquiry. The only agencies that offered any concerns to the closing were: HL&P; which requires dedication of an easement covering their facilities in the alley, CLP; which requested abandonment of the waterline in the alley of Block 1101 between lots 20-32 at no cost to the City or maintenance of the waterline as long as license is in effect. Ordinance 81603 if passed will grant a license to McDonald's, its successors and assigns to: - Have exclusive rights of the surface of such alley for driveways, lighting, parking, landscaping; - Have the right and privilege to enter into a lease agreement with La Porte State Bank for the construction and operation of a sign in the N.W. corner of the alley until 7/31/97. .