HomeMy WebLinkAboutO-2009-3134 closing the alley of Block 331
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: And127, 2009
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Requested By: Tim Tietit~ns
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Source of Funds:
N/A
Account Number:
N/A
Depal-tment: Planning
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES .....K-NO
SUMMARY & RECOMMENDATION
The City has received an application fi'om Mr. Andy Rolf to vacate, abandon and close the alley in
Block 331, Town of La Porte. Mr. Rolf desires to consolidate his property within the block.
Each of the City's 11'anchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) has
reviewed the applicant's closing request. Both Centerpoint Energy and AT&T maintain existing
utilities in the alley for which utility easements will be required and executed by each company.
Comcast has issued a letter stating it has no objection to the closing. City Staff has identified the
existence of a 3" waterline and a 6" sanitary sewer main within the subject alley for which an
easement will be retained within the closing ordinance.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent
appraisal of the alley in Block 331. As a result, fair market value for the alley (which will be
retained as a utility easement) has been assessed at $0.50 per square foot. The City has
subsequently received payment {l'om the applicant in the amount of $2,400 (75% of Fair Market
Value per the ordinance) for closing of the alley which contains 6,400 square feet.
Since replatting of the property is not part of the applicant's immediate plans, Staff has requested
the City Attorney to prepare individual "Deeds without Wananty" for each of the eight adjacent
property owners within the block. Upon execution, these deeds will be filed for record with Harris
County by the City.
Action Required of Council:
Approve an ordinance to vacate, abandon, and close the alley of Block 331, Town of La Porte,
retaining said alley as a public utility easement for the maintenance of existing City, Centerpoint
an T &1' utilities.
Ron Bottoms, City M~m~lger
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Date
ORDINANCE NO. 2009- -J 1.31
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF
BLOCK 331, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREO~'.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owners of all of the propelty abutting the hereinafter described alley of Block 331,
Town Of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the
hereinafter described alley of Block 331, Town of La POIte, Harris County, Texas; and
WHEREAS, the City Council of the City of La P01te has detelmined and does
hereby find, detennine, and declare that the hereinafter described alley of Block 331,
Town Of La Porte, Han'is 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
of Block 331, Town Of La POlte, Hanis County, Texas, is for the protection of the public
and for the public interest and benefit, and that the hereinafter described alley of Block
33 I, Town Of La Porte, Han'is 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 Patte
under its home rule charter and Chapter 253, Section 253.001, Texas Local Government
Code, the hcreinaller described alley of Block 331, Town Of La Patte, HaTTis County,
Texas, are hereby permanently vacated, abandoned, and closed by the City of La Pmte, to
wit:
That portion of the Alley of Block 331, Town of La Porte, lying within and situated
between Lots 1 thl'ough 32, inclusive, as generally ilIush"ated on Exhibit "A"
attached herein and made part hereof, containing a total of six thousand four
hundred (6,400) square feet.
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Section 2. The City Council officially finds, detelmines, 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
fmther ratifies, approves, and confirms such written notice and the contents and posting
thereof.
Section 3. As a condition of passage and approval of this ordinance, the City
of La POlte hereby retains the vacated, abandoned and closed alley of Block 331, Town
of La Porte, as a public utility easement for itself, Centerpoint Energy and AT&T. This
Ordinance shall be effective from and after its passage and approval, and it is so ordered.
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PASSED AN D APPROVED THIS ;;IffDA y O~ 2009.
CITY OF LA PORTE
By:
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Alton P0l1er, Mayor
ATTEST:
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Mm1ha Gillett, City Secretary
APPROVED ~. :
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Knox W. Aski~lS, City Attorney
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332
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EXHIBIT nAn TO
ORD. NO. 2009-
W BARBOURS CUT BLVD
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PROP. CLOSING OF
ALLEY IN BLOCK 331,
TOWN OF LA PORTE
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LOCATION OF ALLEY
IN BLOCK 331, LP
(ESMTS TO BE RETAINED)
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