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Home My WebLink AboutO-1995-2081 . . ORDINANCE NO. 95- 2081 AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900, TOWN OF LA PORTE, AND FURTHER VACATING, ABANDONING, AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I"STREET RIGHTS-OF-WAY, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS, }A ~~., AND PROVIDING AN EFFECTIVE DATE HEREOF. WHMi.~ thlil>J Council of the Cil>J of La Pone has been requested by record owners of all of the proper~ abutting the bereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and abutting the hereinafter described portions of the South 12th Street, South 13th Street, and West "I" Street rigbts-of-way, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the alleys within Blocks 865; 899; 900, Town of La Porte and to vacate, abandon, and permanently close portions of the South 12th Street, South 13th Street, and West "I"Street rights-of-way; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter pcribed portions of the South 12th Street, South 13th Street, and West "I" Street rights-of-~own of La Porte, Harris County, Texas, are nol suitable, needed, or beoeficial to the pUbli.l.: vc roads, streets and alleys, and that the closing of the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the South 12th Street, South 13th Street, and West "I"Street rights-of-way, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the Soutb 12th Street, South 13th Street, and West "I"Street rights-of- way, should be vacated, abandoned, and permanently closed. . . Ordinance 95- '2'081 Page 2 of 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Cbapter 13, Title 28, Article 1175, of tbe Revised Civil Statutes of the State of Texas, 1925, the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the following portions of the South 12th Street, South 13th Street, and West "I" Street rights-of-way, Town of La Porte, Harris County, Texas, are hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: Being the entire alleys located within the Town of La Porte, Blocks 865; 899; 900. Said alleys being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire 13th Street Rigbt-of-Way between Town of La Porte Blocks 865 and 866; 899 and 900 from North right-of-way line of Fairmont Parkway to the South right-of-way line of West "H" Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference berein; Further being the entire 12th Street Right-of-Way between Town of La Porte Blocks 168 and 865; 169 and 900 from the North right-of-way line of Fairmont Parkway to the South right-of-way line of West "H" Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire West "I"Street Right-of-Way, between Town of La Porte Blocks 866 and 899; 865 and 900; 168 and 169 from the West right-of- way line of State Highway 146 to the East right-of-way line of 14th Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Provided, however, the City of La Porte retains a temporary easement for the operation of an eight inch (8") sanitary sewer main located in that portion of the West "I" Street Right-of-Way located between the East right-of-way line of South 14th Street and the West right-of-way line of South 12th Street, said easement being further described by map illustration attached to this ordinance, identified as Exhibit "B"and fully incorporated by reference herein. .. e Ordinance 95- 2081 Page 3 of 4 Said easement shall be retained until such time as a replacement sewer main has been constructed, accepted by the City of La Porte, and placed in service. At sucb time as the above conditions have been satisfied, this temporary easement shall be permanently. abandoned together with all rights appurtenant thereto. Further provided that the City of La Porte, for benefit of Houston Ligbting and Power Company, a duly authorized franchise utility company of the City of La Porte, retains a temporary aerial and ground utility easement for the operation of electrical service lines located in the alleys of Town of La Porte Blocks 865 and 900, bounded by the North right-of-way line of Fairmont Parkway, crossing the West "I"Street Right-of-Way, and bounded by the South right-of-way line of West "H" Street. Said easement being further described by map illustration attached to this ordinance, identified as Exhibit "C" and fully incorporated by reference herein. Said easement shall be retained until sucb time as replacement electrical utility lines have been constructed, accepted by Houston Lighting and Power Company and placed into service. At such time as the above conditions have been satisfied, this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. Section 2. The City of La Porte and I.A.C. Interests, Inc., contemplate entering into a Utility Extension Agreement to provide public utilities in the project. Section 3. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 sucb written notice and the contents and posting thereof. Section 4. This ordinance shall be effective upon the performance of the following conditions: . - Ordinance 95- 2081 Page 4 of 4 (1) Payment from applicant to City of the sum of $168,785, in certified funds, on or before January 15, 1996, as consideration hereunder. The cash consideration shall be subject to future adjustment, based on final review of utility plans submitted by applicant to City. Any such adjustment, deficit or credit, shall be refunded by City or paid by applicant, upon execution of the Utility Extension Agreement. (2) Execution of the Utility Extension Agreement provided for in Section 2 hereof on or before March 15, 1996. No building permits shall be issued and no construction of public improvements within the proposed subdivision shall commence until the above (2) conditions have been performed. If the above (2) conditions have not been met within the time frame specified, this ordinance sball be null and void. PASSED AND APPROVED, this ---LLday of ~.1995. BY ~d \ ~,~~ 0.J,. city See tary \1r ' V ED: -tJ. ACCEPTED AND AGREED: J.A.C. Interests, Inc. By: (Applicant) 7 8 6 8 5 ; f- (f) ..c -+-J ...q- ~ I f- :::) 0 (f) . 8 8 8 9 9 0 1 U') 8 2 8 3 8 4 1 5 vV EST " H" ST. FAIRMO T(PARKWAY J C - .. . . ..... .. . . .. . .... . ..... . ) o 100 200 r 1" = 200' . .... ~STRrr!~.~ .~~ .T? ~~. ~~~~~.......o EXHIBIT DAD 400 8 8 7 n I I I ! 8 9 I FAIRMO T(PARKWAY J C .' . . .. . . . .. . .' . . . . .' . . .' . ' . --------==== .' . .' . .' .... . ~ \~'I.I , '- I I I / I I I W. "H" ST. l I I ! I, I I I I '; I I I I ! I I I \ V " I" S I I I ! .V. . I c...o ~ I ..- I I I I::r: I Iv) I '" I .. 1 5-1" EXIST. SAN. SEWER UNE o 100 200 400 · EXIST. SAN. SEWER MANHOLE : 1" = 200' ~ ..............,'..,. ........ EXHIBIT IIBO 8 2 . LJUJ 7 n 8 18 I l- (/) ....c -;-J ~ ~ II 8 3 8 6 8 9 II . I ~I L:I -+-' n 8 4 ~ (f") u5 EXIST. H.L& P. ElECTRICAL UNE 8 '5 I I II II II 9 0 l- (/) ....c -+-' N 1 ~ W. "H" ST. I vV. II I" 1 FAIRMO T( PARKWAY J C . ., . . . . . .... . o 100 200 .' . .' . . . . . ..' . ..' . 400 1" = 200' EXISTING H.L&: P. OVERHEAD ELECTRICAL SERVICE UNE E OjH I I ST. I .; ~ , I I I I I I I ; I II I ! I IU? II l~. I' I II ui\ : .... '...........,... ........ EXHIBIT OeD