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HomeMy WebLinkAboutO-1988-1603 . . ORDINANCE NO. 1603 AN ORDINANCE GRANTING A LICENSE TO McDONALD'S CORPORATION FOR USE OF THE SURFACE OF THE NORTH THREE HUNDRED TWENTY-FIVE FEET (325') OF THE SIXTEEN FOOT (16') ALLEY IN BLOCK ELEVEN HUNDRED ONE (1101), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, RETAINING PUBLIC UTILITY EASEMENTS: PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW" AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Subject to the terms and provisions hereof, and under and by virtue of the power granted to the City of La Porte under its Home Rule Charter, and Chapter 13, Title 28, Article l175, of the Revised Civil Statutes of Texas, 1925, the City of La Porte hereby grants a license for the use of the surface of the hereinafter described portion of an alley in the City of La Porte, to McDonald's Corporation, to-wit: The North 325 feet of the alley in Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas, being that portion of the alley lying and being adjacent to Lots Twenty (20) through Thirty-two (32), both inclusive, Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas, being a tract of land 16 feet by 325 feet. Section 2. The term of this license shall be for so long as McDonald's Corporation, its successors or assigns, operates a lawful business on Lots Twenty (20) through Thirty-two (32), both inclusive, Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas. Section 3. As consideration for this license agreement, McDonald's Corporation, its successors and assigns, agrees to landscape and maintain a "conservation setback" on the West (4') of such alley, in accordance with the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance, which provides, among other things, for landscaping with trees, shrubs, and groundcover, with a planting plan required to be submitted and approved by the City of La Porte. In addition, McDonald's Corporation, its successors and assigns, further agrees to landscape and maintain a "conservation setback" on the approximate East fifteen feet (15') of the Harris County Flood Control right-of-way, adjacent to said alley, in accordance with the requirements of the Harris County Flood Control District. It is anticipated that such requirements will call for . . ORDINANCE NO. 1603 Page 2 carpet grass, mulch, or like treatment of such property, without any trees or shrubs being permitted. The landscaping and maintenence of such landscape area for the City of La Porte, and such conservation setback area for the Harris County Flood Control District, and the continuing maintenance of such landscaping, shall be a consideration for the continuance of this license agreement. The predecessor in title to McDonald's Corporation shall be required to deposit the sum of Five Thousand Eight Hundred Eleven Dollars ($5,811.00) cash with the City of La Porte as a performance guarantee, which deposit will be refunded by the City of La Porte to the party making such deposit, upon the completion of the required "conservation setback" landscaping hereunder and the issuance of a certificate of occupancy by the City of La Porte. Section 4. McDonald's Corporation, its successors and assigns, shall have the exclusive right of use of the surface of such alley, subject to the terms and provisions hereof, for driveways, lighting, parking, landscaping, and the sign provided for in Section 5 hereof. The license rights granted to McDonald's Corporation hereunder, shall be subject to and limited by the terms and provisions of an easement agreement between the City of La Porte and Houston Lighting & Power Company. McDonald's Corporation, at its option may either (1) abandon, at its expense, the existing City of La Porte water line in the alley, in accordance with City specifications; or (2) use and maintain such existing water line as a private water line, at its expense, so long as this license agreement is in effect. Section 5. The City of La Porte hereby grants McDonald's Corporation, as licensee, the license, right and privilege to enter into a lease agreement with La Porte State Bank, its successors and assigns, for the construction and operation of a sign approximately eighteen feet (18') high and fourteen feet two inches (14'2") wide, in the Northwest corner of the portion of the alley herein e . ORDINANCE NO. 1603 Page 3 described, legally described as that portion of the alley adjacent to Lot Thirty-two (32), Block Eleven Hundred One (ll0l), TOWN OF LA PORTE, Harris County, Texas, for a term ending the 31st day July, 1997. No portion of such sign shall encroach upon a public right- of-way. The location, construction and operation of such sign shall conform to all applicable codes of the City of La Porte, and requirements of Houston Lighting & Power Company. McDonald's Corporation shall promptly remit to the City of La Porte, all net rentals received by it under said lease agreement between McDonald's Corporation and La Porte State Bank. Section 6. This Ordinance shall be effective only upon (1) the purchase of Lots Twenty (20) through Thirty-two (32), Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas, by McDonald's Corporation: (2) the execution and delivery of an easement by McDonald's Corporation to Houston Lighting & Power Company: (3) the execution by McDonald's Corporation of an agreement for landscaping of the .conservation setback. areas: (4) the execution of a mutually agreeable sign lease between McDonald's Corporation and La Porte State Bank, and (5) the delivery of the $5,811.00 cash performance guarantee as provided for in Section 3 hereof. Section 7. McDonald's Corporation, acting herein by and through its duly authorized officer, joins in the execution of this license agreement, to evidence its agreement and consent to the terms and provisions hereof. Section 8 Except as expressly set forth herein, this Ordinance shall not limit or otherwise mitigate the provisions of any other applicable City of La Porte ordinance or regulation including, but not limited to, the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance. Section 9. 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 e . ORDINANCE NO. 1603 Page 4 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-l7, Texas Revised Civil Statutes Annotated1 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 ha~ been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this 26th day of September, 1988. CITY OF LA PORTE BY~~~ Nor n L. 1Ma on Mayor ATTEST: e-'u~~,.&d Cl.ty Secretary A~:t:J ceLJ City Attorney ACCEPTED AND AGREED: McDonald's