HomeMy WebLinkAboutO-2003-2636
. .
.
e
ORDINANCE NO. 2003-1. (,~
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE WEST
POLK STREET RIGHT-OF-WAY, BETWEEN BLOCKS 696 AND 709, TOWN
OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City Council ofthe City of La Porte has been requested by the
record owners of all of the property abutting the hereinafter described rights-of-way of
West Polk Street between Blocks 696 & 709, Town of La Porte, Harris County, Texas; to
vacate, abandon, and permanently close that portion of the West Polk Street right-of-way
between Blocks 696 & 709, 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 portion of West Polk
Street between Blocks 696 & 709, 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 portion of West Polk Street between Blocks 696 & 709,
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 portion of West Polk Street
between Blocks 696 & 709, Town of La Porte, Harris County, Texas, should be vacated,
abandoned, and permanently closed.
Ordinance No. 2003-.t,
e
2
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 portion of the West Polk Street right-of-way between Blocks 696 &
709, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned,
and closed by the City of La Porte, to wit:
That portion of the West Polk Street Right-of-Way (60' wide) lying within and
situated between Blocks 696 & 709, Town of La Porte, Harris County, Texas, and
containing 15,960 square feet and 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.
Section 3.
This ordinance shall be effective from and after its passage and approval,
and it is so ordered. As a condition of vacating, abandoning, and closing the West Polk
Street Right-Of-Way, the City hereby retains a 15' wide utility easement, said easement
to be 266' in length and extending along the Northernmost Right-Of-Way line of West
Ordinance No. 2003- At;..
e
3
Polk Street, further situated between the Westernmost Right-Of-Way line of North 23rd
Street and the Easternmost Right-Of-Way line of North 24th Street.
PASSED AND APPROVED, THIS 23rd DAY OF JUNE, 2003.
CITY OF LA PORTE
By:4~~
. Norma L. Malone, Mayor
ATTEST:
~~ ;J!i
Martha Gillett, City Secret
APPROVED:
(
_~1d
Knox W. Askins, City Attorney
-l
.
.
1 j\
NORTH "C" STREET
II \ \
\ \
\ \
\ \ \
I I I
\ I I
II
I I
I I I
I I I
I I I
I _----' L-___ I
__ -------...,;- cTRFF"T I
r------ L_____ WEST Ar)M,,~-...."':"':.l---l t ---:1
I~____--------------------- . ___-========---
.
~
ex:
Ul
z
w
Ul
(\~~
CO\;' ~
':J~
\
\
\
,.j.
0'"
CO\;11~1
I
,.....
w
ex:
~
LL
"-"
o
?j
Ul
<{
w
ex:
<{
~
Ul
J
J \
,.j.
CO'-~~1
.,
d-
CO,-O 0
o~
J
e
,
J I
~."..,,~r,
(l'flOfIT
115' UTIUlY
EASEMENT TO _1M:::...... pIGHT-QFOWAY I
BE RETAINED -=:.:.- TO BE CLOSED
"' ~ (15,960 Sq. Ft.)
"' ~.....
~'W///h/~~
1.." 12:>
...=::DII'f .,.=~
1
WEST POLK STREET
j.
CO" ~
SPENCER HIGHWAY
1
tu
w
ex:
tii
o
ex:
M
N
J
~~
I
1"=200'
-
EXHIBIT "A" TO
ORDINANCE
2003-
R:\$l1l:EI1'aAU.EVl1DSINCIS \$AC-2OOa.CJ5(hHrEY) \btebItAll'-"'MIp,*t
I 4 ."i
.
.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Source of Funds: N/A
Requested By:
Account Number: N/A
Department: PlanninS!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
Budgeted Item: _YES ....x....NO
1. Closing Ordinance
2. Area Map
3. Map of Sewer Facilities
SUMMARY & RECOMMENDATION
Mike and Barbara Sweeney have petitioned the City to vacate, abandon and close the West Polk Street Right-of-Way
between Blocks 696 and 709, Town of La Porte. The purpose of the Sweeney's request is to expand the existing
business site located at 2904 North 23n1 Street This item was previously tabled at the June 9th City Council Meeting
for further review.
In reviewing the closing request, the Public Works Department has determined that no city utilities exist in the Right-
of-Way between these blocks. All franchised utility companies have received notification of the closing application
and have responded to the applicant's request. Centerpoint Energy, Southwestern Bell and Time Warner
Communications have each provided letters of no objection to the closing.
Staff has investigated the future extensions of water and sewer lines to provide service to properties to the west of
subject tract. Under certain scenarios, closing this portion of West Polk will require an additional 250' of sewer line to
provide service. This 250' of sewer is estimated to cost approximately $5,000. As a condition of vacating,
abandoning, and closing the West Polk Street Right-Of-Way, the City will retain a 15' wide utility easement, which
will be 266' in length and extend along the Northernmost Right-Of-Way line of West Polk Street. This easement will
be situated between the Westernmost Right-Of-Way line of North 23rd Street and the Easternmost Right-Of-Way line
of North 24th Street. This Easement has been illustrated further on Exhibit" A" to the closing ordinance.
In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted of the
Right-of-Way in question. As a result, the fair market value of the property has been assessed at $1.05 per square foot.
The City has received compensation in the amount of $12,568.50 for the right of way containing 15,960 square feet
(75% of Fair Market Value as per the ordinance).
Recommendation:
Staff recommends closing, vacating, and abandoning the West Polk Street Right-of-Way between Blocks 696 and 709,
Town of La Porte.
Action Required of Council:
Consider approval of ordinance to vacate, abandon, and close the West Polk Street Right-of-Way between Blocks 696
and 709, Town of La Porte.
Approved for City Council Ae:enda
rx'QLb~6J
h-rl- J3
Date