HomeMy WebLinkAboutO-2009-3140 Passed/closing portion of South 15th Street Right-of-Way
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Mav 11. 2009
Source of Funds: N/A
Requested By: Alton Porter
Account Number: N/A
Department: Mavor's Office
Amount Budgeted: N/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. Ted Cortez to vacate, abandon and close the S. 15th
Street Right-of-Way between Blocks 753 & 754, Town of La Porte and the southernmost 300' of
the alley in Block 754. The applicant desires to close the subject rights-of-way to facilitate
expansion of his business, Durco, Ltd., at 225 S. 16th Street.
Current City guidelines discourage 'partial' right-of-way closings. Accordingly, Staff advised the
applicant of the need to obtain consent from the sole adjacent owner within the block (Lots 29-32,
Block 754). The applicant has contacted the owner on several occasions to obtain consent and to
purchase the property. The adjacent owner has subsequently refused to participate or to provide
consent. Therefore, Staff requests Council's consideration of a partial alley closing in this specific
case.
City Staff and its franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have
each reviewed the applicant's request and have expressed no objection to closing of the subject
right-of-way and alley.
In accordance with Section 62.35 of the City's Code of Ordinances, an independent appraisal has
been conducted of the S. 15th Street Right-of-Way (2,400 sq. ft.) and the southernmost 300' of the
alley in Block 754 (4,800 sq. ft.). Fair market value has subsequently been assessed at $0.90 per
square foot for which the City has received payment in the amount of$19,440 (75% of Fair Market
Value per the ordinance). Upon approval of the subject closings by Council, Mr. Cortez will replat
his entire properties to include the closed rights-of-way.
Action Required of Council:
nSl er approval of an ordinance to vacate, abandon, and close the S. 15th Street Right-of-Way
betwe Blocks 753 & 754, La Porte, and the southernmost 300' of the alley in Block 754,
La Po e.
ager
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Date
ORDINANCE NO. 2009- ~ } '-f L)
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF
THE SOUTH 15TH STREET RIGHT -OF -WAY AND A PORTION OF THE
ALLEY IN BLOCK 754, 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 all of the property abutting the hereinafter described portions of the
South 15th Street Right-of-Way and the alley in Block 754, Town Of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close the hereinafter described
portions of the South 15th Street Right-of-Way and the alley in Block 754, 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 portions of South 15th
Street Right-of-Way and the alley in Block 754, Town Of La Porte, Harris County,
Texas, are not suitable, needed, or beneficial to the public as a public road, street, or
alley, and the closing ofthe hereinafter described portions of the South 15th Street Right-
of-Way and the alley in Block 754, 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 portions of South 15th Street Right-of-Way and the alley in Block 754, 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 portions of South 15th Street Right-of- Way and the alley
in Block 754, Town Of La Porte, Harris County, Texas, are hereby permanently vacated,
abandoned, and closed by the City of La Porte, to wit:
$W..8t/ /
2
TRACT ONE:
That portion of the South 15th Street Right-of-Way (60' wide) lying within and
situated between Blocks 753 and 754, Town of La Porte, as generally illustrated on
Exhibit "A" attached herein and made part hereof, containing a total of twenty four
thousand (24,000) square feet.
TRACT TWO:
That portion of the alley in Block 754, Town of La Porte, lying within and situated
between Lots 5 through 16 and Lots 17 through 28, as generally illustrated on
Exhibit "A" attached herein and made part hereof, containing a total of four
thousand eight hundred (4,800) square feet.
Section 2. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place, and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered, and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
3
PASSED AND APPROVED THIS JK DAY OF '-1YJr 2009.
CITY OF LA PORTE
By:
ATTEST:
cmatNl ~$
Martha Gillett, City Secretary
AP;:ZU ~
Knox W. Askins, City Attorney
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EXHIBIT "A" TO
ORD. NO. 2009-
725
2
752
S. 15th ST. R-O-W CLOSING
(60' x 400' = 24,000 SQ. FT.)
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