HomeMy WebLinkAboutO-2008-3080 closing the alley in block 414;requested by Bobby Schlenk
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 9, 2008
Req.ested By, Tom TIetje., ~
Department: Plannin2:
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: NI A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received an application from Mr. Bobby Schlenk to vacate, abandon and close the
alley in Block 414, Town of La Porte (4,123 sq. ft.). The applicant desires to close the subject
alley in order to create a single economic unit of land to facilitate future development.
City Staff and the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast)
have each reviewed the request and have expressed no objection to closing the alley.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent
appraisal of the alley in Block 643, La Porte. Fair market value has been assessed at $0.95 per
square foot for which the City has subsequently received payment from the applicant in the amount
of$2,937.63 (75% of Fair Market Value per the ordinance).
Recommendation:
Staff recommends vacating, abandoning, and closing the alley in Block 414, Town of La Porte as
requested by the applicant.
Action Reauired of Council:
rove an ordinance vacating, abandoning, and closing the alley in Block 414, Town of La Porte.
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Ron Bottoms, City Manager
ORDINANCE NO. 2008-JD~
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK
414, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZ ING THE
EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER,
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 414, Town of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close the
hereinafter described alley in Block 414, 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 414, 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 the
hereinafter described alley in Block 414, 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 in Block 414, 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 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 in Block 414, 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 414, Town of La Porte, Harris
County, Texas, lying within and situated between Lots 1
through 12, both inclusive, and Lots 13 through 21, both
inclusive, and containing a total of four thousand one
hundred twenty-three (4,123) square feet and generally
illustrated on Exhibit "A" attached hereto and made a
part hereof.
Section 2. The City Council hereby approves and authorizes
the execution and delivery to the applicant of a deed without
warranty, express or implied, which is attached to this Ordinance
as Exhibit "B", and incorporated by reference herein and made a
part hereof for all purposes.
The City Manager is hereby
authorized to execute such deed on behalf of the City of La Porte.
The City Secretary is hereby authorized to attest to the execution
of said deed, and to affix the seal of the City to said deed.
Sec tion 3.
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.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of June, 2008.
By:
CITY OF LA PORTE
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Alton E. Porter, Mayor
ATTEST:
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Ma ha A. G11lett
City Secretary
APPROVED:
~TY[~
CI r . Askins
Assistant City Attorney
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EXHIBIT "A"
to ORD. 2008-
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E. MADISON
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PROPOSED CLOSING
OF ALLEY BLK 414, LP
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