HomeMy WebLinkAboutO-2007-3007
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Jul
Requested By:
Source of Funds: N/A
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received an application from Douglas F. Latimer, Jr. to vacate, abandon and close the West
Tyler Street Right-of-Way between North 16th and North 18th Streets. Mr. Latimer desires to close the
subject right-of-way in order to create a single economic unit of land to facilitate future development.
Each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) has reviewed
the request and expressed no objection to the closing. Staffs review of the request identified the West Tyler
Street ROW as a future drainage route to F216-00-00. Therefore, the City will retain the north half of the
right-of-way as an easement for future drainage improvements in the area.
In accordance with Section 62.3 5 of the Code of Ordinances, Staff has ordered an independent appraisal of
the right-of-way in question. As a result, the fair market value has been appraised at $1.50 per square foot.
As in the past when a drainage easement is required, the appraisal provides a 90% discount to the area
retained. The City has received payment from the applicant in the amount of $21,978 (75% of Fair Market
Value as per the ordinance) for the closing a total of35,520 square feet of the West Tyler St. Right-of-Way.
Recommendation:
Staff recommends vacating, abandoning, and closing the West Tyler Street Right-of-Way retaining a 30'
wide easement for future drainage improvements.
Action Required of Council:
Consider approval of an ordinance to vacate, abandon, and close the West Tyler Street Right-of-Way from
North 16th Street to North 18th Street.
cil Agenda
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te
ity Manager
EXHIBIT 1 to Agenda Packet
Closing Ordinance
ORDINANCE NO. 2007-~
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST
TYLER STREET IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS,
RESERVING A DRAINAGE EASEMENT, 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 record owners of all of the property abutting the
hereinafter described portion of West Tyler Street, City of La
Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of West Tyler Street, City 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 Tyler Street, City of La
Porte, Harris County, Texas, is not suitable, needed, or beneficial
to the public as a public road, street and alley, and the closing
of the hereinafter described portion of West Tyler Street, City 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 Tyler Street, City 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 portion of West Tyler Street, City 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 right-of-way of West Tyler Street,
between the west right-of-way line of North 16th Street
and the east right-of-way line of North 18th Street, and
lying and being situated between Block 653, 654, 679, and
680, in the Town of La Porte, Harris County, Texas,
according to the map or plat thereof recorded in Volume
58, page 462, of the Deed Records of Harris County,
Texas, reference to which is here made for all purposes,
as more fully shown on a map attached hereto as Exhibit
"A", incorporated by reference herein and made a part
hereof for all purposes.
SUBJECT TO: The City of La Porte retains a drainage
easement over, along, and under, the northernmost 30' of
the above-described portion of the right-of-way of West
Tyler Street.
Sec tion 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.
PASSED AND APPROVED, this 23~day of July, 2007.
By:
cu;:,:L~~
Alton E. Porter
Mayor
2
ATTEST:
;1!Jl!j!~iKe#fl4
City Secretary
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Knox W. Askins
City Attorney
3
EXHIBIT "A"
to Ordinance No. 2007-
NORTH 18th ST.
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Closed b Ord. #97-2186
Closed by Ord. #97-2186
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Closed by Ord. #97-2186
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EXHIBIT 2 to Agenda Packet
Area Map
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