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Home My WebLink AboutO-2003-2637 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Reqnested: Jone ., 2J3 Requested By: DOU2 Kneupper~t{ 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 Puffer-Sweiven & Process Products, owners of Lots 1-4 and 9-32, Block 69, Town of La Porte, to vacate, abandon, and close the alley in Block 69. The applicants have plans to expand their current operations by constructing a new facility within their existing property. In order to comply with maximum lot coverage requirements, the applicants seek to gain additional property by closing of the alley. In doing so, existing and proposed site improvements will be within the 40% lot coverage requirement of General Commercial (GC) zoning as defined in the Zoning Ordinance. In reviewing the application, the City's Public Works Department has determined that City water and sanitary sewer mains are located within the subject alley. Therefore, any consideration for closing of the alley should be subject to retaining of an easement for City access to these facilities. Each of the City's franchised utility companies has received notification of the closing application and has provided their response. Centerpoint Energy, Southwestern Bell Corporation and Time Warner Communications each have stated their consent to the closing subject to dedication of a utility easement for their facilities within the alley. A limited/restricted appraisal has been conducted to determine the fair market value of the subject property. As a result, a value of $3.00 per square foot has been assessed. Per Sec. 62-35, Paragraph (b), Item 1, the applicant will be required to compensate the City at 75% of the assessed value. Although, it is not the City's usual practice to submit a closing application without consent of all adjacent property owners, It is Staff's position that this application has sufficient merit to be presented to Council for consideration. Ms. Maxine Jones of 220 North 9th Street is an adjacent owner to the alley in question. City Staff has corresponded and met personally with Ms. Jones to inform her of the applicant's request and to determine her willingness to provide consent to the closing. Ms. Jones has expressed her objection and does not wish to provide consent. If this request is approved, the applicants have agreed to compensate the City for the entire alley (6,400 sq. ft.) thus allowing Ms. Jones to procure an 8' x 100' (800 sq. ft.) portion of the alley located adjacent to her rear property line (subject to the utility easement restrictions). Payment from the applicants in the amount of $14,400 has subsequently been received and placed in the City's Street & Alley Escrow account subject to final action by Council. This figure submitted by the applicants is based on closing the entire 6,400 square feet of the alley at $2.25 per square foot (75% of fair market value as defined in the City's ordinance). Recommendation: Staff recommends vacating, abandoning, and closing the alley in Block 69, Town of La Porte. Staff additionally recommends that a public utility easement be retained as described in the ordinance for the purpose of maintaining existing public facilities currently located within the alley. Action Reauired of Council: Consider approval of an ordinance to vacate, abandon, and close the alley in Block 69, Town of La Porte, said ordinance to retain a utility easement for existing public facilities. Approved for City Council Agenda !; -</ -03 Date EXHIBIT 1 Ordinance ORDINANCE NO. 2003- ~ (0 3~ AN ORDINANCE V ACA TING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 69, 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 Lots 1 through 4 and 9 through 32, Block 69, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the hereinafter described alley in Block 69, Town of La Porte, Harris County, Texas, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council ofthe City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described alley in Block 69, 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 69, 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 69, Town 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 ofthe 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 in Block 69, 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 in Block 69, Town of La Porte, Harris County, Texas. Said alley being comprised of six thousand four hundred (6,400) square feet located within and situated between Lots 1 through 16 and Lots, 17 through 32 of said block as generally illustrated on Exhibit "A" attached hereto and made part of herein. Ordinance No. 2003- 2 Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice ofthe 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. The City of La Porte, for itself, its successors and assigns, and the public utilities holding franchises from it, shall have the perpetual right, privilege and easement, with appropriate rights of ingress and egress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove public utility facilities, together with all necessary improvements under and across the entire six thousand four hundred (6,400) square feet of the alley in Block 69, Town of La Porte, Harris County, Texas, located within and situated between Lots 1 through 16 and Lots, 17 through 32 of said block as generally illustrated on Exhibit "A" attached hereto and made part of herein. All paving plans and specifications shall be subject to the prior approval ofthe City of La Porte, including, but not limited to the placement of construction joints in any paving. The City of La Porte and its franchised public utilities shall not be obligated to restore or repair any such paving necessitated by the exercise of such public utility rights and privileges. No permanent improvements other than paving and landscaping shall be erected on said property. Ordinance No. 2003- ~ (;j/l 3 PASSED AND APPROVED THIS 9th DAY OF JUNE, 2003. ATTEST: ~aJt/).ull Martha Gillett, City Secretary APPRO~# JI Knox W. Askins, City Attorney By: CITY OF LA PORTE WEST ADAMS ST. 1251 1 -0 PUF"F"ER-SWEIVEN & ~ PROCESSPRi5'OUCTS J: I- a: [] z \0 .q 4 5 -8 6 MAXINE - JONES 7 B ... J: . UJ 9 1251 <ll ~ ___-2.g- ~ a - 0 -laly ~ n. . .JlL -01 IU IU b. u -..Io-LT ::J ~ n. n. PUF"F"ER-SWEIVEN & PRi5CESSPROOUCTS b o ----- III ~~ ::JZIU ~_OI illIg-[ ZIU_O ~~ ~ ~ 16 WEST PO LK ST. 111 = 1 001 ALLEY RE~UESTED TO BE CLOSED ~ UJ J: ?- m J: I- a: [] z EXHIBIT "A" TO ORD. NO. 2003- EXHIBIT 2 Area Map