HomeMy WebLinkAboutO-1990-1691
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ORDINANCE NO. 1691
AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF TYLER
STREET, MADISON STREET, IOWA STREET, KANSAS STREET, UTAH STREET, AND
THE ALLEYS IN BLOCKS 416, 417, 418, 419, 432, 433, 434 AND 435, IN
THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS: ABANDONING CERTAIN
PUBLIC UTILITY EASEMENTS~ FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW~ AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE 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 portions of Tyler Street, Madison Street, Iowa
Street, Kansas Street, Utah Street, and the alleys in Blocks 416,
417, 418, 419, 432, 433, 434 and 435, in the Town of La Porte,
Harris County, Texas, to vacate, abandon, and permanently close that
portion of Tyler Street, Madison Street, Iowa Street, Kansas Street,
Utah Street, and the alleys in Blocks 416, 417, 418, 419, 432, 433,
434 and 435~ and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portions of Tyler Street, Madison Street, Iowa
Street, Kansas Street, Utah Street, and the alleys in Blocks 4l6,
417, 418, 419, 432, 433, 434 and 435, Town of La Porte, Harris
County, Texas, are not suitable, needed, or beneficial to the public
as public roads, streets and alleys, and that the closing of the
hereinafter described portions of Tyler Street, Madison Street, Iowa
Street, Kansas Street, Utah Street, and the alleys in Blocks 4l6,
417, 4l8, 419, 432, 433, 434 and 435, 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
portions of said Tyler Street, Madison Street, Iowa Street, Kansas
Street, Utah Street, and the alleys in Blocks 416, 417, 418, 419,
432, 433, 434 and 435, should be vacated, abandoned, and permanently
closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section I. 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 1175, of the Revised Civil Statutes of the State of
Texas, 1925, the hereinafter described portions of Tyler Street,
Madison Street, Iowa Street, Kansas Street, Utah Street, and the
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ORDINANCE NO. 1691
Page 2
alleys in Blocks 416, 417, 418, 419, 432, 433, 434 and 435, Town of
La Porte, Harris County, Texas, are hereby permanently vacated,
abandoned and closed by the City of La Porte, to-wit:
Being that portion of the right-of-way of Tyler Street from the
east right-of-way line of North Broadway to the west right-of-
way lines, extended, of the alleys in Blocks 415 and 420, Town
of La Porte, Harris County, Texas, and lying and being situated
between Blocks 416, 417, 418, 419, the west half (W.l/2) of
Block 415, and the west half (W.l/2) of Block 420, Town of La
Porte, Harris County, Texas~ and
Being that portion of the right-of-way of Madison Street from
the east right-of-way line of North Broadway to the west right-
of-way line, extended, of the alleys in Blocks 420 and 433,
Town of La Porte, Harris County, Texas, and lying and being
situated between Blocks 418, 419, 434, 435, the west half
(W.l/2) of Block 420, and the west half (W.l/2) of Block 433,
Town of La Porte, Harris County, Texas~ and
Being that portion of the right-of-way of Iowa Street from the
north right-of-way line of Adams Street to the south right-of-
way line of North nEn Street, and lying and being situated
between Blocks 416, 417, 418, 4l9, 434, and 435, Town of La
Porte, Harris County, Texas~ and
Being that portion of the right-of-way of Kansas Street from
the north right-of-way line of Adams Street to the south right-
of-way line of North nEn Street, and lying and being situated
between Blocks 415, 4l6, 4l9, 420, 433, and 434, Town of La
Porte, Harris County, Texas~ and
Being that portion of the right-of-way of Utah Street from the
north right-of-way line of Madison Street to the south right-
of-way line of North "E" Street, and lying and being situated
between Blocks 432 and 433, Town of La Porte, Harris County,
Texas~ and
Being the entire sixteen feet (16') by four hundred feet (400')
alleys in Blocks 416, 417, 418, 419, 432, 433, 434 and 435,
Town of La Porte, Harris County, Texas.
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, Article 6252-l7, 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 such written notice and the contents and posting
thereof.
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ORDINANCE NO. l691
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Section 3. The effective date of this ordinance shall be
effective upon the performance of the following conditions
precedent, by the applicant, to-wit:
1. The payment by applicant to the City of La Porte, as and
for the fair market value of the street and alley rights-
of-way to be closed, of the cash sum of $514,462.50, in
certified funds, by applicant to the City of La Porte.
2. The purchase by applicant of all of the property abutting
the portions of the street and alley rights-of-way
described herein.
3. The filing with City by applicant of a further letter from
Houston Lighting and Power Company, evidencing the receipt
by Houston Lighting and Power Company of its standard form
easement granting Houston Lighting and Power Company
necessary ground and aerial easement rights as required by
Houston Lighting and Power Company. The City of La Porte
retains for the benefit of Houston Lighting and Power
Company, easement rights for Houston Lighting and Power
Company's existing transmission and distribution facilities
that are currently in place, until such standard form of
easement has been signed and delivered to Houston Lighting
and Power Company by applicant, at which time the easements
retained herein by the City of La Porte, in favor of
Houston Lighting and Power Company, shall terminate.
4. The City of La Porte retains an easement for the eight inch
(8") water line on Madison Street. The City of La Porte
will release the easement for the existing 8" water line on
Madison Street, upon further agreement with applicant for
the re-routing of said water line at applicant's sole
expense, and the granting by applicant to the City of La
Porte, of an appropriate easement, in form acceptable to
the City of La Porte for the re-routing of such water line.
The City Manager of the City of La Porte shall issue his
certificate of compliance with the conditions contained in this
ordinance, to applicant when all of such conditions have been
performed. At that time, the City Secretary of the City of La Porte
is authorized to issue a certified copy of this ordinance to
applicant, for recording in the Harris County Clerk's office.
PASSED AND APPROVED, this 12th day of March, 1990.
ATTEST: ..J!/bd
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City Secretary
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City Attorney