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HomeMy WebLinkAboutO-2003-2635 Tabled REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Requested By: Source of Funds: N/A Account Number: N/A Department: Plannin2 Report: _Resolution: _Ordinance: ...x.. AJoountBudgcted: N/A AJoount Requested: Exhibits: 1. Ordinance 2. Area Map Budgeted Item: _YES -X...NO SUMMARY & RECOMMENDATION The City has received an application from the Port of Houston Authority to close the alley in Block 439, Town of La Porte and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte. The Port of Houston cites its desire to replat the area comprised of Lots 17-32 of Block 438, Blocks 439, 979,978,977,976,975 and Lots 1-16 of Block 974 as the reason for its request (see Exhibit 2). In reviewing this request, Staff has determined that an existing 10" water line is located within the North Idaho Street Right-Of-Way, for which a 10' Utility Easement shall be retained. Additionally, each of the City's franchised utility companies (i.e. Centerpoint Energy, Southwestern Bell and Time Warner) have submitted letters stating no objection to the proposed closings. Per City ordinance, the Port of Houston Authority, being a governmental entity with the power of eminent domain, is exempt from standard application and closing fees associated with the street and alley closing process. Recommendation: Staff recommends vacating, abandoning, and closing the alley in Block 439, Town of La Porte and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte. Additionally, Staff recommends retaining a 10' Centerline Utility Easement for the existing 10" water line in the North Idaho Street Right-Of-Way. Action Reauired bv Council: Consider approval of an ordinance to vacate, abandon and close the alley in Block 439, Town of La Porte and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte, retaining a 10' Centerline Utility Easement for the existing 10" water line in the North Idaho Street Right-Of-Way. Approved for Citv Council A2enda tI-{-o 3 Date EXHIBIT 1 CLOSING ORDINANCE ORDINANCE NO. 2003- 2/;85' TJ4bL6D . a 3. (;. ,. 0 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 439, TOWN OF LA PORTE AND A PORTION OF THE NORTH IDAHO STREET RIGHT-OF-WAY, 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 439, Town of La Porte and a portion of the North Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described alley in Block 439, Town of La Porte and a portion of the North Idaho Street Right-of-Way, 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 in Block 439, Town of La Porte and portion of the North Idaho 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 alley in Block 439, Town of La Porte and portion of the North Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas, is for the protection ofthe public and for the public interest and benefit, and that the hereinafter described alley in Block 439, Town of La Porte and portion of the North Idaho 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 alley of Block 439, Town of La Porte, and a portion ofthe North Idaho 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 entire alley of Block 439, Town of La Porte, Harris County, Texas, containing six thousand four hundred (6,400) square feet and that portion of the North Idaho Street Right-of-Way situated between Block 439, Town of La Porte and JJlock 979, Town of La Porte, Harris County, Texas, containing thirty-two thousand (32,000) 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 ofthe 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 North Idaho Street Right-Of-Way, the City hereby retains a 10' wide utility easement, said easement to be a centerline easement based upon the centerline of an existing 10" water line, running North to South, located in the N. Idaho Street Right-Of-Way. 3 If PASSED AND APPROVED, THIS 9th DAY OF JUNE 2003. CITY OF LA PORTE By: Norman L. Malone, Mayor ATTEST: Martha Gillett, City Secretary APP~ 1i~ Knox W. Askins, City Attorney CITY LIMns WEST BARBOURS CUT BLVD. "'O~tll1 ~.~.. O'l-G~ OflA G~'{'C 16' 1"=200' NORTH IDAHO R-O-W TO BE CLOSED ... ::l ~OJ ~OJ z ... ....OJ > ~o ~cF C III ~ ~ c 0 0 III Z 0 0 c ~ ~ :lI: ::E: l- ll!: 0 Z " STREET NORTH "E" STR.EE'"r ~l61 ... ::l Z ... ~ ::E: C I- ::l ::E: 80' EAST MADISON STREET CITY llNI1'5 ... ::l Z ... ~ o ... ::E: o ::E: l- ll!: o Z ... ::l Z ... ~ ..I ..I ... 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