HomeMy WebLinkAboutO-2002-2571
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ORDINANCE NO. 2002- J 5'1 }
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 1150, 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 the
record owners of all of the property abutting the hereinafter described alley in Block
1150, Town of La Porte, Harris County, Texas to vacate, abandon, and permanently close
the alley of Block 1150, 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 1150,
Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of hereinafter described alley in
Block 1150, 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
1150, 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:
Section 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, the
hereinafter described alley in Block 1150, Town of La Porte, Harris County, Texas, is
hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit:
The entire sixteen (16) foot wide alley in Block 1150, Town of La Porte, Harris
County, Texas, lying within and situated between and Lots 1 through 16 and Lots 17
through 32, as shown on Exhibit "A" attached hereto and made part hereof.
. Ordinance No. 2002- .
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Subject to passage and approval of this ordinance, the City of La Porte hereby retains a
sixteen (16) foot wide easement, the location of which is shown by the crosshatched area
on Exhibit "A", hereto attached and made a part hereof, together with unobstructed aerial
easements seven (7) feet wide, beginning at a plane sixteen (16) feet above the ground
and extending upward, located on both sides of and adjoining said sixteen (16) foot wide
easement. Said easement is for the exclusive use of Reliant Energy, Inc. to erect, install,
operate, maintain, replace, inspect, and remove its electric distribution facilities and/or
natural gas facilities (consisting of all necessary and desirable equipment and
appurtenances), together with the additional right to remove from said easement and land
adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the
opinion of Reliant Energy, Inc., endanger or may interfere with the efficiency, safe and
proper operation, and maintenance of said electric distribution facilities and/or natural gas
facilities located on, under, over, and across the following described lands, to wit:
The entire sixteen (16) foot wide alley (closed) in Block 1150, Town of La Porte,
Harris County, Texas, lying within and situated between and Lots 1 through 16 and
Lots 17 through 32, as shown on Exhibit" A" attached hereto and made part hereof.
Section 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 City 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
Section 3. This ordinance shall be effective from and after its passage and approval,
and it is so ordered.
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Ordinance No. 2002- .
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PASSED AND APPROVED, THISJ.9f- DAYOF a~1Ii 2002.
ATTEST:
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Martha Gillett, CIty Secretary
CITY OF LA PORTE
BY~
No n L. one, Mayor
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ALLEY TO BE CLOSED.
16' UTILITY EASEMENT
TO BE RETAINED FOR
RELIANT ENERGY
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16---- 17----
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N.T.S.
CEMETERY
L\TTLE CEDAR BAYOU DRIVE
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GARDEN WALK DRIVE
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EXtiI~IT.i'A'" TO:
. OIU~INANCE :'
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EXHIBIT 2
Area Map
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EXHIBIT #2
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. AreaMap
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has entered into an agreement with Ms. Ethel Mae Smith to close the alley in Block 1150, Town of La Porte
as partial consideration to acquire the property located between South 8th Street and the La Porte Cemetery (see Exhibit
2 - Area Map).
In reviewing the closing request, Staff has detennined that existing electrical facilities located within the alley will
require that an easement be retained for Reliant Energy's facilities. The easement will occupy the closed alley and is
described in Section 1 of the attached ordinance.
Additionally, Staff has coordinated with Southwestern Ben. Time-Warner Communications and the City's Public
WoIts Department. all have responded with letters of no objection to the subject closing.
Recommendation:
Staff recommends closing, vacating, and abandoning the entire alley in Block 1150, Town of La Porte retaining a 16'
utility easement as described in the ordinance to facilitate operation of existing Reliant Energy facilities within the
alley.
Action Reouired by Council:
Consider approval of an ordinance to vacate, abandon and close the entire alley in Block 337, Town of La Porte; said
ordinance to provide for dedication of a 16' utility easement to facilitate existing utility service to the southernmost
100' poItion of the alley.
Approved for Citv Council A2enda
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I Date