2017-10-23 Regular Meeting of the La Porte City Council Minutes

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(b) Discussion and possible action regarding gate and fence erected on property located between Lots 3 and 4, Cresent View Subdivision —Councilmembers Earp/Zemanek/Kaminski Councilmember Earp spoke first. Councilmember Earp asked whether Mr. Short secured a permit to build the fence and gate. City Manager Corby Alexander responded no, there is no permit. He stated Mr. Short eventually came in to get a permit, but the City declined to issue a permit at that time due to the issue in controversy. Councilmember Earp followed up asking if a citation has been issued to Mr. Short. Mr. Alexander responded that the City had allowed the fence/gate to remain in place until the legality of it was understood. Councilmember Earp asked if a title search has been done to determine who owns the property. Mr. Alexander and City Attorney Clark Askins responded yes, and that no one owns the property. Councilmember Earp also asked whether the City collects taxes on the property. Mr. Alexander responded the property is not on any entity's tax roll. Councilmember Earp asked if the City doesn't collect taxes on it, doesn't that means no one owns it? City Attorney Clark Askins stated somebody owns it, and we have to start with the plat which is from 1926, and he believes the owner(s) are the heirs to the original owners of the Home Builders Investment Company. The original plat from 1926 was filed under Home Builders Investment Company. The strip of land was never a lot; it was just a strip of land shown on the plat. The street was never dedicated to the public. There are no records of any court cases or litigation of somebody claiming ownership. Councilmember Earp asked are there clear definitive property lines of the lots on either side of the property. Clark Askins answered there is; it is a distinct strip - but it is completely silent referring to the strip. Councilmember Earp asked does the City believe the strip to be City property. Clark Askins and Corby Alexander said no. Mr. Alexander mentioned the City removed waterlines and moved water meters to the edge of Crescent View--to the property lines edge. Clark Askins added what's underneath is a prescriptive easement for the sewer line. Councilmember Zemanek asked what the City's policy is on allowing someone to fence in a property; for example, can he fence in his next door neighbor's property? Corby Alexander responded no. Councilmember Zemanek stated whether the Shorts try to obtain this strip through adverse possession, and that's within their rights, until such time as the Shorts actually own it, the gate needs to come down. Mayor Rigby stated that since the City already has an ordinance in place that does not allow a non-permitted gate, it must be taken down by Mr. Short or by the City without any further Council direction. He also asked whether Mr. Alexander had clear direction, to which he stated yes, he has clear direction from Council. No Council action was taken. (c) Discussion and possible action to create an In-City Municipal Utility District (MUD) in the City of La Porte—C. Alexander City Manager Corby Alexander presented a summary. Page 5 of 7 October 23, 2017, Council Meeting Minutes