HomeMy WebLinkAboutO-1998-2225
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ORDINANCE NO. 98_2225
AN ORDINANCE AMENDING CHAPTER 62, ARTICLE II, "VACATING, ABANDONING
AND CLOSING STREETS AND ALLEYS", SECTIONS 62-31, 62-32 AND 62-35,
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCI WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
sectioD 1. section 62-31, Application Generally, of the Code
of Ordinances is hereby amended by adding thereto subparagraph 6,
to hereafter read as follows, to-wit:
"(6) A statement by the applicant that the application shall
be considered withdrawn if all required actions under
this Article have not been completed within six (6)
months from date of written notification by city to
applicant, that the application is administratively
complete."
section 2.
The fee associated with Section 62-32 and
referenced in Appendix A of the Code of Ordinances is hereby
amended, to hereafter read as follows, to-wit:
"Chapter 62. Streets, Sidewalks and Other Public Places
Article II.
Alleys
Vacating, Abandoning and Closing streets and
Amount
Section
this Code
(a) Application fee to vacate,
abandon or close (minimum)....
$400.00
62-32(a)"
section 3.
section 62-35(b) of the Code of Ordinances is
hereby amended, to hereafter read as follows, to-wit:
"(b) Any conveyance, sale or trade made under the
provisions of this article shall never be for less than the
fair market value of the land or interest being conveyed, or
sold or traded, as determined by an appraisal obtained by the
city, which shall be conclusive of the fair market value of
such land or interest. In conducting such appraisal, the
appraiser shall appraise the tract of land sought to be closed
as if it were an integral part of the adjoining or abutting
tracts of land, and as if the city owned such tract of land in
fee.
Ord. 98-22:25
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(1) Fair market value shall be considered seventy-five
percent (75%) of the fee value as determined by such
independent appraisal. If the city owns an interest in
such a tract of land as a street, alley or easement, the
fair market value shall considered seventy-five percent
(75%) of the fee value as determined by such independent
appraisal.
(2) If the city owns such a tract of land in fee, the fair
market value shall likewise be determined hereunder at
not less than seventy-five percent (75%) of the value
determined in the manner provided in this subparagraph."
seotion 4. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
seotion 5. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
seotion 6.
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
Ci ty 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.
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OR \ G \ N A,b. 98-2225.
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section 7. This Ordinance shall be in effect from and after
its passage and approval, and be applicable to applications filed
after the effective date hereof.
PAsseD AND APPROVED, this 23rd day of February, 1998.
By:
ATTEST:
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City of La Porte
Interoffice Memorandum
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To: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Knox Askins, City Attorney
From: ~ Litchfield, Director of Finance/ACM
Date: U February 11, 1998
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Subject
Changes to Street and Alley Closings
Over the past several months, considerable thought has been given to the process we
use to close and vacate streets and alleys in our City.
Currently, there are two methods used to value the property when a street or alley is
requested to be closed. The first method involves reviewing the appraisal data
provided by the Harris County Appraisal District (HCAD), taking an average and
multiplying by a factor of 1.75 to obtain the closing value. If this amount is not
agreeable to either party, then an independent appraisal can be obtained and the
closing value cannot be less than 75% of the value determined by the appraiser.
Because of the time lag of the HCAD in appraising properties, we believe the tax roll
values are not keeping pace with market conditions and have started requiring
appraisals on recent requests. Because the decision to use the independent appraisal
method is normally triggered by the City, it puts us in the position to determine if the
HCAD value times 1.75 is equivalent to current market conditions. Neither myself nor
anyone on my staff feels qualified to make that determination.
At this time, I propose we change the method of handling this very important process.
The goal in recommending this change is to provide a method that is fair to all involved
and leaves little room for interpretation. Also, I do not want to leave the property owner
with the feeling they have to try to "cut a deal with the City" or try to talk the city down
on the price.
First, I recommend changing the ordinance to require an independent appraisal on all
street and alley requests. This gets us out of the picture because we no longer have
to make the decision on whether or not we should use the HCAD method.
Second, I recommend we increase the cost of the application fee from $100 to $400.
The extra $300 should cover the cost of the appraisal. If we have a big project and the
appraisal will be substantially higher than $300, we can request a higher application .
fee.
Third, I recommend we close all streets and alleys at 75% of the appraised value.
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I have attached a draft ordinance that incorporates these changes and am asking Knox
to review it for accuracy. Especially the area changing the application fee.
If these changes meet your approval, it can be placed on the next City Council Agenda
(February 23).
One important item we need to discuss is how we will handle the closings that are in
process. I suggest we handle them on an individual basis and use our judgement to
determine if HCAD is acceptable or do we need to request an appraisal.
Attachment: Draft Ordinance