HomeMy WebLinkAboutO-1990-1693
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ORDINANCE NO. 1693
AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF TYLER
STREET, MADISON STREET, IOWA STREET, AND THE ALLEYS IN BLOCKS 416,
417, 418, 419, 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, and the alleys in Blocks 416, 417, 418, 419, 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, and the alleys in Blocks 416, 417, 418, 419, 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, and the alleys in Blocks 416, 417, 418, 419, 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, and the alleys in Blocks 416,
417, 418, 419, 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, and the alleys in Blocks 416,
417, 418, 419, 434 and 435, 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 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, and the alleys in Blocks 416, 417, 418,
419, 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:
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ORDINANCE NO. 1693
Page 2
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 line of Kansas Street, and lying and being situated between
Blocks 416, 417, 418, and 419, 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 of Kansas Street, and lying and being situated
between Blocks 418, 419, 434, and 435, 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 "E" Street, and lying and being situated
between Blocks 416, 417, 418, 419, 434, and 435, 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, 434 and 435, Town of La
Porte, Harris County, Texas.
SUBJECT TO:
1. 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 in said
rights-of-way.
2. 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 easement in form acceptable to the City of La
Porte, for the re-routing of such water line.
Section 2. 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 $362,400.00, in
certified funds.
2. The purchase by applicant of all of the property abutting
the portions of the street and alley rights-of-way
described herein.
Section 3. When the conditions set forth in Section 2 have
been performed, 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.
Section 4. 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
e
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ORDINANCE NO. 1693
Page 3
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 6252-17, 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.
Section 5. Ordinance 1691, passed and approved on March 12,
1990, is hereby repealed.
PASSED AND APPROVED, this 26th day of March, 1990.
CITY OF LA PORTE
BY ~~~
Nor n L. Malon , Mayor "
A~U~-,
City Secretary
AP~~d
City Attorney
. I.C.N. .
STREET a ALLEY CLOSING REQUEST
SEC. I a SEC. 2
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SEC. I STREET/ALLEY CLOSING
SEC.2 STREET/ALLEY CLOSING