HomeMy WebLinkAboutO-2006-2881N
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma 8 2006
Requested By: Wayne J.
Department: Planning
Report: Resolution: Ordinance: X
Exhibits:
1. Ordinance
2. Area Map
3. Letter from City Attorney
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested:
Budgeted Item: _ YES ANO
SUMMARY & RECOMMENDATION
The City has received an application from Neighborhood Centers, Inc. to vacate, abandon and
close the alley in Block 242, Town of LaPorte.
Upon review of the closing application, the Public Works Department has verified that existing
City utilities are located within the subject alley; additionally the alley contains utilities from the
City's franchised utility companies (i.e. Centerpoint Energy, SBC & Time Warner
Communication), thus the ordinance to be considered for passing shall retain a utility easement of
the same area as the closing itself. Each of the franchised utility companies has consented to the
closure of the alley so long as the utility easement shall be retained.
The applicant has also obtained consent for the closing from the sole adjacent property owner.
Staff determined that the applicant, Neighborhood Centers, Inc., is a 5016 non-profit
corporation, which provides valuable social services to the citizens of the City of La Porte. Staff
determined that the alley easement is of nominal value due to the existence of established water,
sewer, and natural gas utility lines in the alley and which will remain as utility easements upon
the closure of the alley. Therefore, staff has waived the application fee for this alley closure, in
exchange for an administrative processing charge of $235.00 fee by Neighborhood Centers, Inc.
Recommendation:
Staff recommends that City Council authorize vacating, abandoning, and closing the alley of Block
242, Town of LaPorte.
Action Required of Council:
Consider approval of ordinance to vacate, abandon, and close the Alley of Block 242, Town of La
Porte.
Approveddor City Counci Agenda
__A1,411/m_�/ '6-C2--C�2
Debra Brooks Feazelle, City NtiWager Date
ORDINANCE NO. 2006- 491
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 242, 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 242,
Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the
hereinafter described alley in Block 242, 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 242,
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 242, 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
242, Town of LaPorte, 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 242, Town of La Porte, Harris County, Texas, is
hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit:
Ordinance No. 2006 -Al j 2
The entire alley of Block 242, Town of La Porte, Harris County, Texas. Said alley
being located within and situated between Lots 1 through 14 and Lots 15 through
28, Block 242, Town of La Porte, Harris County, Texas, and containing five
thousand six hundred (5,600) square feet as shown on Exhibit "A" attached hereto
and made part of herein.
Section 2. The City Council finds, determines and declares that the applicant,
Neighborhood Centers, Inc., is a 5010 non-profit corporation, which provides valuable
social services to the citizens of the City of La Porte. City Council further finds,
determines, and declares that the alley easement is of nominal value, due to the existence
of established water, sewer, and natural gas utility lines in the alley, which will remain as
utility easements upon the closure of the alley. Therefore, the City Council waives the
application fee for this alley closure, and authorizes the closure of this alley upon
consents from the franchised utilities of the City of La Porte; retaining in this ordinance
easements for established utilities utilizing the alley right-of-way; and the payment of a
$235.00 fee by Neighborhood Centers, Inc. to the City of La Porte.
Section 3. Given pre-existing non -conformities and the provisions of Section 106-
443, Table B, of the Code of Ordinances, no additional building, awning, overhang,
paving, landscaping or other structure may be placed on, over, or across the public utility
easement described in Section 2 of this ordinance. Provided, however, nothing in this
paragraph shall prevent the right of the owner of said property to otherwise use the
surface of said public utility easements so long as such use is not inconsistent with the
rights of the City of La Porte as described in Section 2 of this ordinance.
Ordinance No. 2006 ASI 3
Section 4. 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.
PASSED AND APPROVED, THIS 0 DAY OF"/ ► 1 , 2006.
CITY OF LA PORTE
Alton Porter, Mayor
ATTEST:
L-�fll'111A &' Awl
Martha Gillett, City Secretary
ROVED:
r
Knox W. Askins, City Attorney C�44
W 7 �
AT--,-iT. eI;-y '17`1-y.
ASKINS & ARMSTRONG, P. C. COPY
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CLARK T. ASKINS
March 21, 2006
Mr. Wayne Sabo
Director of Planning
City of La Porte
,/Mr. John Joerns
Assistant City Manager
City of La Porte
Re: NCI Alley Closing Application
Dear Wayne and John:
TELEPHONE 281.471.1886
TELECOPIER 281.471.2047
K ASKINS®HOUSTON.RR.COM
J0HN-A@SW8ELL.NET
C TAS KIN SOS W 8 EL L. NET
i5li
MAR 2 1 200 ; ►!�t
it i
You have requested my opinion on the application of Neighborhood
Centers, Inc., a 501c3 non-profit corporation, to close the alley
by the old City of La Porte Library and the Church, off of San
Jacinto Street in La Porte.. The Library was built on top of the
alley, and the alley is being used as a utility easement for water,
sewer, and natural gas utilities.
I have reviewed the provisions of Chapter 272, Local Government
Code, and find no provision exactly on point. The provision which
the City uses for Habitat for Humanity matters, concerns the
development of low income or moderate income housing. However, due
to the fact that there are active utility easements in the alley,
-all that the City of La Porte would be closing, is the surface
rights for pedestrian and vehicular traffic on the alleyway.
Therefore, I would recommend that the City charge NCI a nominal
fee, for example, $100.00, for the alley closing, and that the City
waive its usual applicant fees payable to the City. However, NCI
would have to deal with each of the City's franchised public
utilities, on its own. As you know, Reliant Energy charges a very
high fee to review these street and alley closing applications.
If this recommendation is accepted, I suggest that the standard
alley closing ordinance contain the following section:
"Section No. _ The City Council finds, determines and
declares, that the applicant, Neighborhood Centers, Inc., is
a 501c3 non-profit corporation, which provides valuable social
services to the citizens of the City of La Porte. City
Council further finds, determines, and declares that the alley
5
A INS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
Sabo/Joerns
March 21, 2006
Page 2
easement is of nominal value, due to the existence of
established water, sewer, and natural gas utility lines in the
alley, which will remain as utility easements upon the closure
of the alley. Therefore, the City Council waives the
application fee for this alley closure, and authorizes the
closure of this alley upon consents from the franchised
utilities of the City of La Porte; retaining in this ordinance
easements for established utilities utilizing the alley right-
of-way; and the payment of a $ fee by Neighborhood
Centers, Inc. to the City of La Porte."
Please let me know if I may be of further assistance.
KWA:sw
Yours very truly,
Knox W. Askins
City Attorney
City of La Porte