HomeMy WebLinkAboutO-1988-1580
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ORDINANCE NO. 1580
AN ORDINANCE VACATING, ABANDONING, AND CLOSING
uK" STREET~ RETAINING PUBLIC UTILITY EASEMENTS~
WITH THE OPEN MEETINGS LAW~ AND PROVIDING FOR
HEREOF.
A PORTION OF WEST
FINDING COMPLIANCE
AN EFFECTIVE DATE
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described portion of West "K" Street, in the City of La
Porte, to vacate, abandon, and permanently close that portion of
West "K" Street~ and
WHEREAS, the City Council of the City of La Porte has deter-
mined, and does hereby find, determine, and declare that the
hereinafter described portion of West "K" Street is not suitable,
needed, or beneficial to the public as a public road or street, and
that the closing of the hereinafter described portion of West "K"
Street is for the protection of the public and for the public
interest and benefit, and that the hereinafter described portion of
said West "K" Street should be vacated, abandoned, and permanently
closed.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF LA PORTE:
Section I. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 13, Title
28, Article 1175, of the Revised Civil Statutes of the State of
Texas, 1925, the hereinafter described property is hereby per-
manently vacated, abandoned, and closed by the City of La Porte,
to-wit:
Being that portion of the right-of-way of
Street, extending from the East right-of-way
South "7th" Street to the East right-of-way line
"8th" Street, SAVING AND EXCEPTING public
easements and emergency vehicle easement.
West "K"
line of
of South
utility
Provided, however, the City of La Porte SAVES AND EXCEPTS
a public utility easement under said portion of West "K"
Street, for the City of La Porte water, sanitary sewer,
and storm sewer, and also for the use and benefit of all
other public utilities holding franchise agreements with
the City of La Porte~ and an emergency vehicle easement
over and across said portion of West "K" Street, for City
of La Porte emergency vehicles.
It is the intention of the City of La Porte that the
above described portion of West "K" Street shall be
permanently closed to through traffic of all kinds, and
for any other surface and aerial uses, SAVE AND EXCEPT
the herein retained sub-surface public utility easements,
and any necessary right to use the surface in connection
with the exercise of such public utility easements, and
.
.
Ordinance No. 1580
, Page 2
SAVE AND EXCEPT the herein retained emergency vehicle
easement.
The City of La Porte, for itself, its successors and
assigns, and the public utilities holding franchises from
it, shall have the perpetual rights, privilege and
easement, with appropriate rights of ingress and egress
and reasonable working area for construction and main-
tenance to entered upon and construct, reconstruct,
maintain, operate, inspect, replace, repair and remove
public utility facilities, together with all necessary
improvements under and across the portion of West "K"
Street, as described herein~
All paving plans and specifications shall be subject to
the prior approval of the 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.
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, Article 6252-17, Texas Revised
Civil Statutes Annotated~ 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 30
This Ordinance shall take effect and be in force
from and after its passage and approval.
PASSED AND APPROVED this the 28th day of March, 1988.
CITY OF LA PORTE
By: ~~?::~
No an L. alone, a 'or .
ATTEST:
By: ~~
Cherie Black, City Secretary
::~RO~;V d~
Knox W. Askins, City Attorney
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COMM. DEVOl
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FACILITIES SERVICE OFFICE
P.o. Box 667180
Dallas. TX 75266-7180
February 18, 1988
Mr. Robert C. Speake
City Engineer
P. O. Box 1115
LaPorte, TX 77571-0115
Subject: Proposed Ordinance to Close a Portion of West "K" Street
and the Alley in Block 1130.
Dear Mr. Speake:
At your request, we have reviewed the proposed ordinances (copies
attached). Our only comment is in regard to the description of that
portion of West "K" which will be closed. The ordinance refers to
that portion "extending from the East right-of-way line of South 7th
Street," but it fails to say in which direction. We suggest
possibly "that portion between the East right-of-way of South 8th
Street, and the East right-of-way of South 7th Street." In all
other respects, the proposed ordinances look fine.
We appreciate the City's cooperation.
Sincerely,
tfliH.'nJ!-~)v
W. M. McMillan, Jr.
Manager, Real Estate Branch
Attachment
cc: F 50402
FS0402B