HomeMy WebLinkAboutO-2004-2730
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ORDINANCE NO. 1004- J 130
AN ORDINANCE V ACA TING, ABANDONING AND CLOSING THE ALLEYS
IN BLOCKS 397 & 398, TOWN OF LA PORTE AND A PORTION OF THE
NORTH 1st STREET RIGHT-OF-WAY, 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 alleys in Blocks 397
& 398, Town of La Porte and a portion of the North 1 at Street Right-of-Way, Town of La
Porte, Harris County, Texas~ to vacate, abandon, and permanently close the hereinafter
described alleys in Blocks 397 & 398, Town of La Porte and a portion of the North 1st
Street Right-of-Way, Town of La Porte, Harris County, Texas~ and
WHEREAS, the City Council of the City of La Porte has detennined and does
hereby find, detennine, and declare that the hereinafter described alleys in Blocks 397 &
398, Town of La Porte and portion of the North 1st Street Right-of-Way, 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 alleys in Blocks 397 & 398,
Town of La Porte and portion of the North 1st Street Right-of-Way, 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 alleys in Blocks 397 & 398, Town of La Porte
and portion ofthe North 1st Street Right-of-Way, Town of La Porte, Harris County,
Texas, should be vacated, abandoned, and permanently closed.
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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 alleys of Blocks 397 & 398, Town of La Porte, and a portion of the
North 1st Street Right-of-Way, Town of La Porte, Harris County, Texas, is hereby
permanently vacated, abandoned, and closed by the City of La Porte, to wit:
The entire alley of Block 397, Town of La Porte, Harris County, Texas, containing
six thousand .four hundred (6,400) square feet as generally illustrated on Exhibit
"A" attached hereto and made part of herein.
The entire alley of Block 398, Town of La Porte, Harris County, Texas, containing
six thousand four hundred (6,400) square feet as generally illustrated on Exhibit
"A" attached hereto and made part of herein.
The portion of the North 1st Street Right-of-Way situated between Block 397, Town
of La Porte and Block 398, Town of La Porte, Harris County, Texas, containing
twenty-four thousand (24,000) square feet as generally illustrated 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.
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PASSED AND APPROVED, THIS I [)f/-DAY OF~ 2004.
ATTEST:
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Martha Gillett, City Secretary
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Knox W. Askins, City Attorney
CITY OF LA PORTE
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- Nb.._. L. Midvu~ Mayor V~D\e nIi
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: Nick Finan
Source of Funds: N/A
Account Number: N/A
Department: Plannin
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: ..x..
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES ...x..NO
SUMMARY & RECOMMENDATION
The City has received an application from Walter E. Johnson to vacate, abandon and close the
alleys in Blocks 397 and 398, Town of La Porte, and a portion of the North 1st Street right-of-way,
Town of La Porte.
In reviewing the application, the Public Works Department has indicated that no existing City
utilities are located within the subject alleys. Additionally, each of the City's franchised utility
companies (i.e. Centerpoint Energy, SBC & Time Warner Communication) has received
notification of the closing and has submitted letters of no objection.
In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be
conducted of the alleys in question. As a result, the fair market value of the subject properties has
been assessed at $1.75 per square foot. The City has received compensation in the amount of
$48,300.00 (75% of Fair Market Value as per the ordinance) from the applicant for the closings,
which contain a total of 36,800 square feet.
Recommendation:
Staff recommends that City Council authorize vacating, abandoning, and closing of the alleys in
Blocks 397 and 398, and the portion of the North 1st Street right-of-way between Blocks 397 and
398 Town of La Porte as petitioned by the applicant.
Action Reouired of Council:
Consider approval of ordinance to vacate, abandon, and close the alleys in Blocks 397 and 398,
and the portion of the North 1st Street right-of-way between Blocks 397 and 398 Town of La Porte.
Approved for City Council Agenda
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