HomeMy WebLinkAboutO-2004-2708
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ORDINANCE NO. 2004- I- fJ 0 ~
AN ORDINANCE V ACA TING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 1254, 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 1254,
Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the
hereinafter described alley in Block 1254, 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 1254,
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 1254, 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
1254, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCll.. 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 1254, 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-.)"
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The entire alley of Block 1254, 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 1254, 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-,117.
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PASSED AND APPROVED, THIS ~ DAY OF MdA d-, 1004.
ATTEST:
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ha Gillett, City Secretary
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Knox W. Askins, City Attorney
CITY OF LA PORTE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: Alex Osmond
Source of Funds: N/A
Agenda Date Requested:
Account Number: N/A
Department: Golf Course
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: ...x..
Amount Requested:
Exhibits:
1. Ordinance (Land Swap)
2. Attorney's Letter (Dated 10/02/03)
3. Special Warranty Deed
4. Tax Resale Deed
S. Ordinance (Alley Closing)
6. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City of La Porte has administered an application to vacate, abandon and close the alley in Block 1254,
Town of La Porte. The purpose of this request is to facilitate a land swap between the City and F.
Carrington Weems allowing the City to obtain additional right-of-way necessary for a greenbelt area
alongside the City's Bay Forest Golf Course parking lot and entrance as well. The City has entered into an
agreement to close the 16' wide alley in Block 1254 in exchange for a deed from F. Carrington Weems,
Trustee, for the westernmost 16' of Lots 2 through 16 in Block 1254. Additionally the City will be
exchanging Lots 24 & 25 in Block 1254 which shows record title in the City of La Porte, in exchange for
Lots 1 & 32 in Block 1254 which shows F. Carrington Weems ,Trustee, as the record owner on each lot.
In reviewing the application, the Public Works Department has indicated 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) has received notification of the closing and has
submitted letters of no objection. However, Time Warner Cable needs to maintain the existing utility
easement located at the North End of Block 1254.
Recommendation:
Staff recommends that City Council authorize City Manager to execute tax resale deed and special warranty
deed for the land swap with F. Carrington Weems. Additionally staff recommends that city council
authorize vacating, abandoning, and closing of the entire alley in Block 1254, Town of La Porte.
Action Required of Council:
Consider approval of ordinance to execute a tax resale deed and a special warranty deed initiating a land
swap between F. Carrington Weems and the City of La Porte. Additionally consider approval of ordinance
to vacate, abandon, and close the entire alley in Block 1254, Town of La Porte.
Approved for City Council A
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Date