Loading...
HomeMy WebLinkAboutO-2017-3689 Repealing O-2017-3682, Address 621 W. Main St. ORDINANCE NO. 2017-3689 AN ORDINANCE REPEALING ORDINANCE 2017-3682, CONCERNING CONDEMNATION OF THE COMMERCIAL BUILDING LOCATED ON LOTS FOUR (4)., FIVE (5) AND SIX (6), BLOCK 42, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 621 W.MAIN STREET;AND REPEALING ORDINANCE 2017-3686; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE;FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte, passed and approved Ordinance 2017-3682 on September 25, 2017, for the purpose of condemning and ordering the removal of the commercial building situated on real property commonly known as 621 W.Main St.,La Porte, Texas; and WHEREAS, subsequent to passage of Ordinance 2017-3682 by the La Porte City Council, 8200 V MEMORIAL, LLC, the owner of real property and the commercial building situated thereon, located at the said 621 W. Main St., made contact with the City and requested additional time to repair the building; and WHEREAS, on November 13, 2017 the La Porte City Council passed Ordinance 2017- 3686,which repealed Ordinance 2017-3682, but contained a clause providing that it would not go into effect until 11:00 p.m. CST on December 11, 2017, subject to the condition that the owner of 621 W. Main St. be issued permits for the repair and construction of improvement to the building at 621 W. Main St., by 5:00 p.m. CST on December 11, 2017; and WHEREAS, before the 11:00 p.m. CST, December 11, 2017 effective date and time of Ordinance 2017-3686 was reached, the La Porte City Council desired to take action to replace Ordinance 2017-3686 with a new repeal ordinance that contained an effective date of June 1,2018 and included a condition that the owner of 621 W. Main St. complete construction of repairs and improvements to the commercial building at 621 W. Main St. by June 1, 2018; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Ordinance 2017-3686, passed on November 13, 2017, and which would have repealed Ordinance 2017-3682 as of 11:00 p.m. CST,December 11,2017,is hereby repealed in its entirety before the effective date and time of the ordinance. Section 2. Ordinance 2017-3682, passed by the La Porte City Council on September 25, 2017, and which ordered the demolition of the commercial building at 621 W. Main St., is hereby repealed in its entirety, but only as of the date and time, and subject to the conditions, established in Section 6 of this Ordinance. Section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof,and all provisions of this ordinance are declared to be severable for that purpose. Section 4. The City Council officially finds, determines, and 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 5.This Ordinance shall take effect immediately as to the repeal of Ordinance 2017- 3686. Section 6. This Ordinance shall take effect and be in force beginning on June 1, 2018, at 11:00 p.m. CST, as to Ordinance 2017-3682, but subject to the condition that an authorized agent of 8200 V MEMORIAL, LLC, the owner of the real property at 621 W. Main St., completes construction work associated with the commercial building located at 621 W. Main St., no later than 5:00 p.m. CST on June 1, 2018. Should 8200 V MEMORIAL, LLC and/or its authorized agent fail to complete construction work associated with the commercial building located at 621 W. Main St. no later than 5:00 p.m. CST on June 1, 2018, then in that event this Ordinance shall not take effect and shall be null and void. PASSED AND APPROVED this the 11'1'day of DECEMBER 2017. CITY OF LAP• 'T. TEXAS thBy: ,`' Lo ,is R. Rigb . MYor A EST: ritt)- - Patrice Fogarty, 4P, Sec APPROV D: lAd ark T. Askins, Assist. City Attorney