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HomeMy WebLinkAboutO-1987-1550 . . ORDINANCE NO. l550 AN ORDINANCE AMENDING CHAPTER 21, "STREETS AND SIDEWALKS", ARTICLE III, "VACATING AND ABANDONING STREETS AND ALLEYS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 2l-25, "Application fee", Sub-paragraph (c), under Chapter 2l, "STREETS AND SIDEWALKS", Article III, "Vacating, Abandoning and Clos ing Streets and Alleys", of the Code of Ordances of the City of La Porte, is hereby amended and shall hereafter read as follows, to-wit: "(c) A governmental entity having the power of emi- nent domain shall be exempted from the payment of an application fee under this section." Section 2. Section 2l-28, "Final Determination by City Council: Appraisal: Conveyance" under Chapter 21, "STREETS AND SIDEWALKS", Article III, "Vacating, Abandoning and Closing Streets and Alleys", of the Code of Ordinances of the City of La Porte, is hereby amended and shall hereafter read as follows, to-wit: "Section 2l-28. Final Determination By City Council: Appraisal Conveyance: Exemptions. Upon compliance with all provisions of this Article, the City Council shall make a final determination as to whether or not an application filed under this Article shall be granted or denied. City Council may waive bid procedures and publication requirements in the sale or the disposal of real property interests belonging to the City of La Porte in the following circumstances: (l) narrow strips of land, or land so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development control ordinances, in which event such land may be sold to the abutting property owner or owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner: (2) streets or alleys, whether owned in fee in which event such land or interest may be owners or owners in proportion to their such division between owners to be made in or used by easement, sold to the abutting abutting ownership, an equitable manner: (3) all types of easements where the abutting property owner or owners also own the underlying fee simple title, in which event such land or interest may be sold to the abutting property owner or owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner: . . ORDINANCE NO. lSSO Page Two (4) any land or interest therein which was originally acquired for the purpose of streets, rights-of-way or easements which the City of La Porte chooses to trade or exchange as considera- tion for other land acquired for streets, rights-of-way or easements, including transactions which may be partly for cash and partly by trade or exchange: (5) land owned by the City of La Porte which it desires to have developed by contract with an independent foundation: or (6) any interest in land that is conveyed by the City of La Porte to a governmental entity having the power of eminent domain. Any conveyance, sale or trade made under the provisions hereof, shall never be for less than the fair market value of the land or interest being conveyed, or sold, or traded, as determined by an ap- praisal obtained by the City of La Porte, which shall be conclusive of the fair market value thereof. Upon agreement by the Applicant and the City Manager, or his designee, the fair market value of the land or the interest being conveyed, sold, or traded shall be determined by averaging on a square footage basis, the Prime Rate appraisal of the adjoining tracts of land, exclusive of any improvements thereon, as said Prime Rate appraisal is established by the most recent certified appraisal by the Harris County Appraisal District, before reduction by any applicable tax exemptions, which average square footage Prime Rate fair market value appraisal shall be multiplied by the total square footage contained in the tract of land sought to be closed, which product shall be then multiplied by a factor of one and one-half (1.5). If either the Applicant or the City Manager, or his designee, do not agree on the result obtained, then an independent fee apprai- sal shall be obtained by the City of La Porte, by an independent fee appraiser selected by the City of La Porte, at Applicant I s sole expense. In conducting such appraisal, the appraiser shall appraise the tract of land sought to be closed, as if it were an integral . . ORDINANCE NO. l550 Page Three part of the adjoining or abutting tracts of land, and as if the City of La Porte owned such tract of land in fee. If the City of La Porte owns such tract of land as a street, alley, or easement, the value shall be determined at not less than 75% of the value determined in the manner provided in this paragraph. Governmental entities shall be exempted from the payment of fair market value to the City of La Porte. Section 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, Article 6252-l7, Texas Revised Civil Statu- tes 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 4. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this the 11;t:t, day of /k-'(f , 1987. CITY OF LA PORTE BY~~~Hh~A ATTEST. ~ (Ik . Cher1e Black, City Secretary A&;M~ Knox W. Askins, C1ty Attorney