HomeMy WebLinkAboutO-1992-1827
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ORDINANCE NO. 1827
AN ORDINANCE AMENDING CHAPTER 21, "STREETS AND SIDEWALKS", ARTICLE III,
"VACATING, ABANDONING AND CLOSING STREETS AND ALLEYS", OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Section 21-24, "Application Generally," under Chapter 21,
"STREETS AND SIDEWALKS", paragraph 1 (2) is hereby amended and shall hereafter
read as follows:
"(2) A plot plan, showing the street or alley sought to be vacated,
abandoned and closed, or portion thereof, by a licensed Texas
public surveyor, drawn to a scale of not less than one inch
equals fifty (50) feet, shall be attached to such application.
The City Engineer, or his designee, may waive this requirement
where, in his sole determination, a recorded plat contains
sufficient evidence to determine legal description and area
of property sought to be vacated, abandoned and closed;"
Section 2.
Section 21-28, "Final Determination by City Council;
Appraisal; Conveyance" under Chapter 21, "STREETS AND SIDEWALKS", Article III,
"Vacating, Abandoning and Closing Streets and Alleys", of the Code of Ordinances
of the City of La Porte, paragraph 3, is hereby amended and shall hereafter read
as follows, to-wit:
"Upon agreement by the Applicant and the City Manager, or his
designee, the fair market value of the land or the interest being
conveyed, sold, or traded shall be determined by averaging on a
square footage basis, the appraisal of the adjoining tracts of land,
exclusive of any improvements thereon, as said appraisal is
established by the most recent certified appraisal by the Harris
County Appraisal Distract, before reduction by any applicable tax
exemptions, which average square footage fair market value appraisal
shall be multiplied by the total square footage contained in the
tract of land sought to be closed, which product shall be then
multiplied by a factor of 1. 75."
Section 3.
Section 21-28, "Final Determination by City Council;
appraisal, conveyance; exemptions" under Chapter 21, "STREETS AND SIDEWALKS,"
Article III, "Vacating, Abandoning and Closing Streets and Alleys," of the Code
of Ordinance of the City of La Porte, is hereby amended by adding the following
paragraph:
"The fair market value received in the vacating, abandoning and
closing of the street, alley or easement, unless otherwise directed
by City Council, shall be deposited by the City into the General
Capital Improvement Fund to be used for general capital improvements
throughout the City."
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Section 4.
The City Council officially finds, determines, recites and
declares that a suffic!ent 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 Meeting 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.
This Ordinance shall be effective from and after its passage
and approval.
PASSED AND APPROVED this the 23~ day of March, 1992.
CITY OF LA PORTE
By l!-hrY/tfJIl( 4
'Norman Malone, Mayor
ATTEST:
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Cherie Black, City Secretary
APPROVED:
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Knox W. Askins, City Attorney