HomeMy WebLinkAboutO-2004-2794
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ORDINANCE NO. 2004- .i 7 '14
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 1104, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter described alley in Block 1104,
Town of La Porte, Harris County, Texas~ to vacate, abandon, and permanently close the
hereinafter described alley in Block 1104, Town of La Porte, Harris County, Texas~ and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alley of Block 1104,
Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of hereinafter described alley of
Block 1104, 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 alley of Block
1104, Town of La Porte, Harris County, Texas, 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 253, Section 253.001, Texas Local Government Code, the
hereinafter described alley of Block 1104, Town of La Porte, Harris County, Texas, is
hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit:
Ordinance No. 2004- "qf
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The entire alley of Block 1104, Town of La Porte, Harris County, Texas. Said alley
being located within and situated between Lots 1 through 16 and Lots 17 through
32, Block 1104, Town of La Porte, Harris County, Texas, and containing six
thousand four hundred (6,400) square feet as shown on Exhibit "A" attached hereto
and made part of herein.
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
Ordinance No. 2004- ~Cff e
PASSEDANDAPPROVED,THIS ~DAYOF fJO.J
3
, 2004.
CITY bF LA PORTE
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By:
Alton Porter, Mayor
ATTEST:
.ll4(JJ1
Martha Gillett, City Secretary
l%4ddJ
Knox W. Askins, City Attorney
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WEST "K" ST.
Proposed Alley to
Be Closed
(6,400 Sq.Ft.)
EXHIBIT nAn TO ORD. NO: 2004-
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EXIDBIT NO.2
Area Map
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EXHIBIT NO.3
Sketch Plan
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EXHIBIT NO.4
Applicant Correspondence
& Timeline
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Dackgrollnd lnfonnntion:
The alley runs fi'om Fninnontto K Slreet, adjacent to 61h Streel.
ALLEY CLOSING - FAIRMONT AND 61'11 STRE"ET
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The sile was selecled ill JUlie by Monumellt Area Federal Credit Ulliolllo be Iheir sile ill
La POri e. Grisham- Tplar Properties was selecl cd by Mr. /J ob Lighl liml (I he presidelll /I f
MOllumenl Area FCU) 10 wrile Ihe eOlllracls alld proceed with the c10sillg Oflhe alley.
Four (4) OWllers aud the Cily Alley 1II'C illvolved illlhe closillg. Pam Viek and I have lIlel
wilh Kllox Askins, Wayne Saho, Oriall Slerlillg, Rene' Ibarra, and Ihe appraiser Chris
Chuoke and Ihey have all heen a grelll denl ofhclp 10 liS. Mr. SlIbo was ahle to lellme in
JUlie Ihallhe IIl1ey did nul hllve any ulililies localed in il alld Ihallhese alley closings
usually wC1I1 smoolhly. We received Oll/'lIl1ey closing worksheels from Ihe Cily and
proceeded wilh Ihe process ofwriling conlracls wilh Ihe lour Owners and beginnillg Ihe
closing of tile IIl1ey.
Landowner Contracts
Landowner Contract Closing Date
I. Dow Yes 11/29/2004 (has been
extended once)
2. Westergren Yes 12/15/2004
3. H. Ben Taub No NOT FOR SALE
4. Kwik Kar Yes . 12/) 5/2004
5. Alley Cily alley appmiscd for $38,400.00 paid by cashier's
check 10 the City of La Porle.
III May 2004 we IIl1enipled 10 COlli act H. /Jell Tauh, Ihrough AI LIIIIl Properlies, who hlld
a for sale sign 011 his lols. We were nolified thallhe property was in probale alld had been
lak eo on'lhe mark el. 011 Ihe basis of I hat in formalion Our negol illl ion Ibr the Tauh
property ended. Laler Mr. Taub was eonlacled via a regislered lelier asking his consenllo
close the alley. I/e called and We selul> ameeling al his omce illllOuslon. lie said fllIIly
Ihe properly was nol for sale bul he would cOllsider giving his consellllo close Ihe afley.
Initially he said that he could nOlmake Ihe noon, Friday OClober 291h' de.dline 10 have all
paperwork in 10 be placed on Ihe agenda /i" Cily Coullcil on November 8"'. We Ihen
proceeded to go wilh Ihe proposed procedure lIonl was recommended by Briall. (see e-
mail)
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AU ofUle owners, wilh pending conlraet., wilh the exeel,tioll of Mr. Dow agreed 10 have their
closings within 30 days nner the City closed the aJlcy.
AUorney Melvill Dow, Ihe eo-owller of 15 101., decided lhal he would ollfy sigll 01T 011 all
agreement lor his contract to close at a specific time. lIe has already aI/owed a
olle-time contract extension for 30 days extending the closing to November 29111
The Credit Union paid $ J ,500.00 fhr this 30 day extension.
The Credit Union will be at great risk 10 purchase Ihese lots olllhe 29" of November, if
the olley has not closed.
It was our underslalldillg Ihal we had all malerials lIeeded for Ihis projeello be olllhe
agenda for Mondny, November 8, 20()tI City Council meeting. We received an
elllllil n.om oriall Slerlillg saying Ihal iflhe Credil Ullion wnuld pay for Ihe eulire
alley, lhell quole orian "'fU,i. is agreeable, we'll prepare it to go on J 1/08." (.ee
aUnched email)
This economic developmenl projeel, if colllpleted, will be 011 I he I ax roll. 0 f the Cil y of
La Porte for approximately $1,500,000.00.
We ask Cily Man'gemenllO rceollsider Iheir dceisioll because we feeflike Ihis pmjeel
has extenuating circumstances.
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Il0IIslon,1\:xos 77090
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Ilax: 28 I-H2 1,(11 00 , I)
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May 11, 2004
Mr. Bobby Grisham
Grisham-Tolar Properties, Inc.
4650 Center Street
Deer Park, Texas 77536
Re: Lots 8-12, Block 1104
LaPorte
Dear Mr. Grisham:
Thank you for your offer on Ihe ,above referenced property, This properly is part of an
estate that is currenlly in probale and Iherefore, has been lemporarlly taken off Ihe
market
We will gladly keep your offer In OUr files and once We are notified the property Is again
available for sale, we will conlact you to see if you ere still Inlerested. Thank you.
Sincerely,
RS~Jm
cc: T xan Land and Cattle Company
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"Ibarra, Rene" <lbarraR@ci.la-porlo.tx.lIs> f..;)~.;t..~.t"'I.\.\~a..Q~...r \....\\1, I f)l'. (U..I ,\
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Tuesday, Qclober 05,2004 3:59 PM . ,c.,\ ~:~I (I)
FW: Taub Estate Consent for Alley Closing (Re: Bobby Grisham) .
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From:
To:
Senl:'
SUbject:
-----Orlglnal Message-----.
From: Sterling, Brian
Sent: Tuesday, October 05, 20043:21 PM
To: Ibarra, Rene
Cc: Sabo, Wayne
Subject: Taub Estate Consent for Alley Ooslng (Re: Bobby Grisham)
Rene,
Lots B - 12, Block 11 04, Town of La Porte are owned by Texan Land & Callie Company. This
company is a business inleresl of lhe Taub family but nol a diracl pari of lhe eslale's current
probate.
Please contacl Bobby Grisham (and/or Fred Weslergren _ Applicanl) with the following
informalion so they can pursue consent:
H. Ben Taub .
Texan Land and Caltle Company
(713) 688-7413
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October 20,2004 (2:45 p.m.)
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Meeting with H. Ben Taub
Texan Land and Callie COlllpany
Bobby Grisham alld , met wilh Mr. Tllub loday 01 his offices locilled ill Ihe Texan.
Duilding at JJ3 West 'loop North in r-Iotlslon Texas.
We immediately discussed the c10sillg Oflhe alley wilh H. Bell. Bobby localed Lois 8
Thill 12 - DJock 1104 - S 6'" Slreel, La POIte, TX 17571 011 an aerial lRap for Mr. Tallb
alld we discussed 6'" Slreet which is a delul end road. We presellled Ihe adjacenl owner',
lell er 0 f COII,elll foron which H Ben look cd over. He "0' cd 11001 he did 1101 like 'ome of
Ihe lallgllage olllhe 1(".,11. lie did 1I01lleeessarily objeello Ihe c1o,illg Oflhe alley, bUI he
could 1I0t endorse Ihe persollal claim dalllllge Ilaragmph olllhe letler of CO IIse lit foro 11. He
said Ihal he would cOllsider challging Ihe wordillg ofthal paragraph if his hoard of
direclors gave Ihcir conselll for Ihe alley closillg. We asked Mr. Taub if he eould give "'
a Ii IRe fl.,,"e for his COllselll or 1I01l-COoselll of Ihe alley clos; IIg. lie asked whal ollr Ii lIIe
Ihllle was. We lold him 11001 we hoped Cily Coullcil would cOllsider the alley elosillg 110
hller Ihal November 20"'. Mr. Taub did 1101 give us a lelllalive dale for his COllselll
We also disellssed whelher he would Ii ke 10 sell LOis 8 Ihrough 12 ill 1lI0ek 1104 011 S.
6'" alld whal price he would oeeepl. We lold him we IIIId all olTer alld would like 10
preselll a COlllract. H Bell said Ihat 110 lIell Tallh '...."erly was for sole at Ihis time. He
did soy Ihol we might check will, him Ollllually to see whelllheir properties would agaill
be Oil Ihe market for sale. f also lold Mr. Tauh thallhe olher propelty oWllers would Sloll
closi IIg 011 Iheir propelties wi I h Monumelll Credit UII iOll orOlmd the 24'" of Nove III ber.
H. Bell also said Ihal he would collsider 0 short teroll leose oflhe 5 10ls 10 the Credil
Union, for parking, etc.
As we were leavillg Ihe office 'Iold B. flell Ihall would 1I0lify him whelll11e alley
closing would be on lhe Cily Council agellda, as SOOll as lhe Cily of La Porte notified liS.
Pam Vick
Grisham-Tolar Properties, Inc.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: November 8. 2004
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Requested By: Wayne Sabo 'J J
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Source of Funds:
N/A
Account Number:
N/A
Department: Planninl!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:...x..
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
3. Sketch Plan
4. Applicant Correspondence & Timeline
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received an application from Mr. Fred Westergren to vacate, abandon and close the alley in Block 1104,
Town of La Porte. The purpose of this request is to facilitate future development of the Monument Area Federal Credit
Union site.
Upon review of the closing application, the Public Works Department bas verified that no existing City utilities are
located within the subject alley. Additionally, each of the City's franchised utility companies (i.e. Centerpoint Energy,
SBC & Time Warner Communication) have reviewed the request and have submitted letters of no objection to the
City. Additionally, the applicant bas obtained consent for the closing from all but one of the adjacent property owners.
H. Ben Taub of Texan Land & Cattle Company (owner of Lots 8 through 12) bas been contacted by representatives of
the developer on several occasions seeking his consent. However, to date, no written response from Mr. Taub bas been
obtained. Therefore, the applicant requests Council to consider closing the entire alley (without Taub's written
consent) in order to comply with City guidelines of no partial closings. In doing so, Texan Land & Cattle Company
will acquire ownership of the 8' x 125' (1,000 sq. ft.) portion of the alley lying adjacent to Lots 8 through 12.
In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted of the
subject alley. As a result, the fair market value of the subject properties has been assessed at $8.00 per square foot.
The City has received compensation in the amount of $38,400.00 (75% of Fair MaIket Value per ordinance) from the
applicant for the closing of the alley containing a total of 6,400 square feet.
On November 4, 2004, a meeting was held with the applicant and representatives of Monument Area Federal Credit
Union regarding the closing request and proposed development. At this meeting, the applicant submitted Exhibits 3 &
4 (see attached) to the City. Development representatives also specified that development of the site does not require
utilization of the entire alley. Upon review of the infonnation received, the decision was made by staff to include this
item for Council's consideration on the November 8th agenda.
Recommendation:
Staff recommends that City Council authorize vacating, abandoning, and closing of the entire alley in Block 1104,
Town of La Porte as petitioned by the applicant.
Action Required of Council:
Consider approval of ordinance to vacate, abandon, and close the alley in Block 1104, Town of La Porte.
Approved for City Council Agenda
1/-,)- -04-
Date
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EXHIBIT NO.1
Ordinance
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for ~USmJl fOr ~itJuJ:?
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 11/08104
Requested By: W~)'De Saho, Interim Planning ~':i::.r
Appropriation
Source of Funds: N/A
Department: "PlannIng 1lepa-vneDt
Account Number:
Report:
Resolution:
Ordinance: X
Amouut Budgeted:
Existing Ordinance #04-2733
Amouut Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The Building Code Appeals Board ordinance (Ordinance #04-2733) was passed and approved by City Council on .
~May lQ, 2004. The ordinance became effective fourteen (14) days after its passage and approval or May 21, 2004. '
\J' The intent of the ordinance was to create a seven (7) member board to hear and decide appeals from the
~ detel'lllination of a building official and to conduct comprehensive reviews of the city,'s codes.
~.\J ~ f Since there were a limited number of council members at tluit time, a decision was made to wait on making the
\}J I appointments until a later date. In our review since its passage, staff notes that in the preparation of the ordinance,
Section 3 addresses violations relating to the zoning ordinance. Staffbelieves this section needs to be revised.
This item was originally placed Oil-the October 25, 2004 agenda; a hwev ,it was tabled with no actiOn. At this time
G\ we are returning to Council to ask for direction or other issues nceming the wording of the ordinance,
\ appointment of board members for the Building Code AppealS created by existing Ordinance #04-2733
and/or direction regarding possible changes to Section 3 of the existing ordinance.
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Action Reouired bv Council:
. ~on~e~~iJi'orW~J~~~
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Aooroved for CitV Council Ae:enda
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