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HomeMy WebLinkAboutO-1990-1694 . . ORDINANCE NO. l694 AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF TYLER STREET, MADISON STREET, KANSAS STREET, UTAH STREET, AND THE ALLEYS IN BLOCKS 432 AND 433, 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, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks 432 and 4331 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, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, 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, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, 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, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, 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, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, Town of La Porte, Harris County, Texas, are hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: -- . ORDINANCE NO. l694 Page 2 Being that portion of the right-of-way of Tyler Street from the west right-of-way line of Kansas Street 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 the west half (W.l/2) of Block 415 and the west half (W.I/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 west right-of-way line of Kansas Street 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 the west half (W.l/2) of Block 420 and the west half (W.1/2) of Block 433, 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 "E" Street, and lying and being situated between Blocks 4l5, 416, 419, 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 (l6') by four hundred feet (400') alleys in Blocks 432 and 433, 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 $152,062.50, 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 . >> ORDINANCE NO. 1694 Page 3 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 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 Bytb~4!:~ No man L. Malone, Mayor ATTEST: ~MJ~ City Secretary , AP6:~~ City Attorney