2000 01-17 Special Called Workshop Meeting

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L_-I • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER. JR. BOARD CERTIf IED CIVIL TRIAL LAW TfXAS BOARD O~ LCOAL 9PECIA LI2 ATION CLARK T. ASKINS December 6, 1999 Mr. Robert T. Herrera City Manager City of La Porte . Stephen Barr irector of Parks & Recreation City of La Porte Re: Street-End Parks Gentlemen: TELEPHONE 281 471-1886 TELEGOPIER 281 471-2047 You have requested my opinion on the issues of whether the City of La Porte may use certain street-ends which dead end into Galveston Bay, as City parks; and, whether the City of La Porte can sell the un-open street right-of-ways dead ending into Galveston Bay, and use the proceeds to develop the remaining street-end parks. Use of Street-Ends for• Parks The various plats which have created the subdivisions in question, and dedicated the streets and alleys in said subdivisions, have dedicated said streets and alleys for public use, including ingress and egress for vehicular and pedestrian traffic, and for use~of the surface and subsurface by public utilities of the City of La Porte, and those public utilities franchised by the City of La Porte. In my opinion, the development and use of these areas in the manner described in Mr. Barr's memo of September 16, 1999, as, a rest and observation area for pedestrians, is not inconsistent with the public dedication of the described streets which dead end into Galveston Bay. In developing these areas, due consideration needs to be given to any existing use of these street-ends, for access by the abutting property owners. My opinion assumes that the street-ends are not being so used at this time, by the abutting property owners. In the development of these areas, an on the ground survey should be conducted to establish the mean vegetation line, which is the property line between the City of La Porte and the State of Texas, and the street right-of-way lines, to make certain that all improvements are within the street rights-of way. Safety and security issues should be addressed, as on any public park, and adequate lighting provided.