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HomeMy WebLinkAboutO-1997-2161 . . ORDINANCE NO. 97- 2161 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 119, TOWN OF LA PORTE, BARRIS COUNTY, TEXAS; AND VACATING, ABANDONING AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF SOUTH 11TH STREET, TOWN OF LA PORTE, BARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described alley in Block 119, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that alley in Block 119, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of South 11th Street, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of South 11th Street, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alley in Block 119, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and the closing of the hereinafter described alley in Block 119, 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 alley in Block 119, Town of La Porte, Harris county, Texas, should be vacated, abandoned, and permanently closed; and . . ORDINANCE NO. 97- 2161 PAGE 2 WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of South 11th Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and the closing of the hereinafter described portion of South 11th Street, 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 portion of South 11th Street, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: sectioD 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 253, section 253.001, Texas Local Government Code, all of the alley in Block 119, Town of La Porte, Harris County, Texas, and the hereinafter described portion of South 11th Street, Town of La Porte, Harr is County, Texas, are hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: Tract 1: All of the alley located in Block One Hundred Nineteen (119), Town of La Porte, Harris County, Texas. Tract 2: That portion of the right-of-way of South 11th Street, Town of La Porte, Harris County, Texas, lying and being situated between Block One Hundred Nineteen (119) and Block One Hundred Twenty (120), Town of La Porte, Harris County, Texas, and lying and being situated between the south right-of-way line of West "D" Street, and the north right-of-way line of West "E" Street, Town of La Porte, Harris County, Texas, and containing 24,000 square feet. e . ORDINANCE NO. 97-2161 PAGE 3 SectioD 2. 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. SectioD 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. Applicant shall have forty-five (45) days from the effective date hereof to: 1. Pay the City of La Porte, in certified funds the sum of $15,619.14 as partial consideration hereunder; and 2. Pay all delinquent taxes owing to all taxing agencies, on the real property adjacent to the hereinabove described alley, and the hereinabove described portion of South 11th Street, Town of La Porte, Harris County, Texas; and 3. Execute and deliver to the City of La Porte, a General Warranty Deed, in form satisfactory to the City Attorney of the City of La Porte, conveying from the record owners thereof to the City of La Porte, a 110 foot by 400 foot strip in Block 120, Town of La Porte, Harris County, Texas, the metes and bounds description to be used in such Deed to be prepared by a licensed Texas public surveyor, and approved by the City of La Porte. Applicant shall also furnish title evidence from a title insurance company, and tax certificates, showing that the grantor in said Deed has good marketable title at the time of such conveyance, and that all delinquent taxes owing to all taxing agencies on said property have been paid. e e ORDINANCE NO. 97-2161 PAGE 4 The City Secretary shall not issue a certified copy of this Ordinance until each of the three above described prerequisites has been performed. If all of such prerequisites have not been performed within forty-five (45) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this 10th day of February, 1997. By: CITY OF LA PORTE I!e~~~ Mayor ATTEST: ~~ Sue Lenes, City Secretary (22?;u Knox w. 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