HomeMy WebLinkAboutO-2006-2890
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Junij:e 12th 2006
Requested By: Wayne J. J
I
Department: Plannin2.
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES ...x...NO
SUMMARY & RECOMMENDATION
The City has received an application from Belle Exploration, Inc. to vacate, abandon and close the
West "N" Street Right-Of-Way between Blocks 1175 & 1176 and Blocks 1177 & 1178, Town of
La Porte. The applicant seeks closure of this Right-Of-Way to facilitate future development.
In reviewing the application, the Public Works Department has indicated that no existing City
utilities are located within the subject Right-Of-Way. Additionally, each of the City's franchised
utility companies (i.e. Center Point Energy, SBC & Time Warner Communication) have received
notification of the closing and each has submitted letters of no objection.
In accordance with Section 62.35 of the Code of Ordinances, Staffhas arranged for an independent
appraisal to be conducted of the Right-Of-Way in question. As a result, the fair market value of
the subject property has been assessed at $1.75 per square foot. The City has received
compensation in the amount of $62,160.00 (75% of Fair Market Value as per the ordinance) from
the applicant for the closing, which contains a total of 47,360 square feet. Closure of this Right-
Of-Way unifies the subject property as a single economic unit under one partnership.
Recommendation:
Staff recommends that City Council authorize vacating, abandoning, and closing the West "N"
Street Right-Of-Way between Blocks 1175 & 1176 and Blocks 1177 & 1178, Town of La Porte.
Action Reauired of Council:
Consider approval of ordinance to vacate, abandon, and close the West "N" Street Right-Of-Way
between Blocks 1175 & 1176 and Blocks 1177 & 1178, Town of La Porte.
o - if - iJ to
Date
EXHIBIT 1
ORDINANCE
ORDINANCE NO. 2006- 2J <?qO
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE WEST "N"
STREET RIGHT-OF-WAY, 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 West "N" Street
Right-Of-Way, Town of La Porte, Harris County, Texas, to vacate, abandon, and
permanently close the hereinafter described West "N" Street Right-Of-Way, Town of La
Porte, 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 West "N" 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 West
"N" 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
West "N" Street Right-of-Way, Town of La Porte, Harris County, Texas, should be
vacated, abandoned, and permanently closed.
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 West "N" 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 portion of the West "N" Street Right-of-Way situated between Blocks 1175,
1176, 1177, and 1178, Town of La Porte, bounded by Powell Road (A.K.A. South
16th Street) to the East and the 18.92835 Acre Tract owned by Southern Pacific
Railroad to the West, containing forty-seven thousand three-hundred and sixty
(47,360) 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.
3
PASSED AND APPROVED THIS ~ DAY OF ~ 2006.
CITY OF LA PORTE
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By:
Alton Porter, Mayor
ATTEST:
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artha GIllett, CIty Secretary
APPROVED:
Knox W. Askins, City Attorney
FAIRMONT
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EXHIBIT "A" TO
ORDINANCE 2006-
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EXHIBIT 2
AREA MAP