HomeMy WebLinkAboutO-2005-2846
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ORDINANCE NO. 2005- ~~4jo
AN ORDINANCE APPROVING AND AUTHORIZING A MASTER AGREEMENT BY AND
AMONG THE CITY OF LA PORTE, C. BERDON LAWRENCE, AND LA PORTE VISTA
BAYWOOD, LTD., MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT, 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. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
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, Chapter 551, Texas Government
Code; 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 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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PASSED AND APPROVED, this ';l~ day of ..s~ 2005
ATTEST:
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City Secretary
APPROVED:
1%4 Z<L.
Knox W. Askins
City Attorney
By:
PORTE
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Alton E. Porter, Mayor
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Because of the volume, the entire agreement & exhibits are
not reproduced in your package.
If you would like to see the entire agreement it is on file in
the City Secretary's Office.
The items reprinted for your package are:
· Ordinance authorizing the Master Agreement
· Master Agreement
· Exhibit G: Amendment of Declaration of Restrictions
· Exhibit A: Restricted Area
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Se
6 2005
Appropriation
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Master Al!reement
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The attached Master Agreement between the City of La Porte and C. Berdon Lawrence is essentially the same as a previous
draft shared with Council. The main points of the Agreement are:
The City al!rees to:
· Amend existing covenantS and restrictions to provide for no development along a ] 00 ft. wide strip in
Litt]e Cedar Bayou Park paralle] to Lawrence property. Restrictions run until December 3] , 2044.
· Abandon the alleys in B]ock ]2]8 and B]ock ]255, Town of La Porte at no cost to Lawrence (estimated
value $16,000)
· Abandon the South R Street ROW from Broadway to the west ROW of Park Avenue at no cost to
Lawrence. Retaining a utility easement and establishing a 40 ft. setback for any fence/gate. Preventing
structures and landscaping within the utility easement. (estimated value $23,700)*
· Abandon the Park Avenue ROW but retaining it as a drainage easement at no cost to Lawrence (estimated
value $17,749)*. Providing that;
o If City must repair or enlarge the drainage structure at the former South R Street ROW, the City
will restore the pavement.
o If the City enlarges the drainage facility the City agrees to re-align and relinquish any title to the
portion of the drainage facility that is outside the boundaries of the drainage easement.
· Waive street closing application fees and building permit fees (estimated value $1,370)
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C. Berdon Lawrence al!rees to:
. Improve the (former) NCI property in the following manner;
o Construct a bulkhead and place rip rap according to approvals by the ACOE
o Provide fill according to grade established by City of La Porte
o Contractor to provide a I-year warranty
The above work is valued at over $130,000.
Also, included in tonight's agenda is a Resolution of intent to abandon the R Street, Park Avenue ROWS and alleys in
Blocks ]2]8 and 1255 as described above.
* For the areas returned as easements values were reduced by 75%
Action Reauired bv Council:
Approve Ordinance approving Master Agreement with C. Berdon Lawrence and authorizing the City Manager to execute
the Agreement.
Approved for City Council Aeenda
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