HomeMy WebLinkAboutO-1984-1405-A
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ORDINANCE NO. l405-A
AN ORDINANCE VACATING, ABANDONING AND CLOSING THAT PORTION OF
SOUTH 12TH STREET LYING BETWEEN BLOCK ONE THOUSAND NINETY-SEVEN
(1097) AND BLOCK ONE THOUSAND NINETY-EIGHT (1098) FROM THE SOUTH
RIGHT-OF-WAY LINE OF FAIRMONT PARKWAY TO THE NORTH RIGHT-OF-WAY
LINE OF SOUTH "K" STREET; RETAINING A TEMPORARY PUBLIC UTILITY
EASEMENT; 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 owners of all of the property
abutting the hereinafter described portion of South 12th Street
lying between Block One Thousand Ninety-Seven (1097) and Block
One Thousand Ninety-Eight (1098) from the South right-of-way
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line of Fairmont Parkway to the North right-of-way line of
South "K" Street, to vacate, abandon, and permanently close
said portion South 12th Street; and
WHEREAS, the City Council of the City of La Porte has
determined, and does hereby find, determine and declare that
the hereinafter described portion of South 12th 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 South 12th Street is for the protection of the
public and for the public interest and benefit, and that the
4It hereinafter described portion of said South 12th Street should
be vacated, abandoned; and
WHEREAS, the City Council of the City of La Porte duly
passed Ordinance No. 1405 on the 23rd day of May, 1984, vacating
the hereinafter described portion of South 12th Street; and
WHEREAS, said Ordinance No. 1405 erroneously retained a
perpetual right, privilege, and easement, with appropriate rights
of ingress and egress, to enter upon and construct, reconstruct,
maintain, operate, inspect, replace, repair, and remove public
utility facilities, together with all necessary improvements
under and across the thirty-six inch (36") sanitary sewer main
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located in the hereinafter described portions of South 12th
Street; and
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Ordinance No. l405-A, Page 2.
WHEREAS, it was and is the intention of the City Council
of the City of La Porte to permanently abandon said public
utility easement, subject to retention of a temporary easement
for the operation of a thirty-six inch (36") sanitary sewer
main in the hereinafter described portions of South 12th Street,
until the sewer main located in the hereinafter described
portions of South 12th Street is relocated and abandoned;
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NOW, THEREFORE, 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 Chap. 13,
Title 28, Art. 1175, of the Revised Civil Statutes of the State
of Texas, 1925, and by way of vacating the public utility ease-
ment on the hereinafter described portions of South 12th Street,
in the City of La Porte, together with all rights appurtenant
thereto as described in City of La Porte Ordinance No. 1405,
the hereinafter described portions of South 12th Street is
hereby permanently vacated, abandoned, and closed by the City
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That portion of South 12th Street
lying between Block One Thousand
Ninety-Seven (1097) and Block One
Thousand Ninety-Eight (1098) from
the South right-of-way line of
Fairmont Parkway to the North
right-of-way line of South "K"
Street.
Provided, however, the City of La Porte
retains a temporary easement for the
operation of a thirty-six inch (36")
sanitary sewer main located in South
12th Street, until such sanitary sewer
main is relocated and abandoned.
Section 2. The City Council officially finds, determines,
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recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City
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Ordinance No. l405-A, Page 3.
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
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written notice and the contents and posting thereof.
Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 13th day of June, 1984.
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CITY OF LA PORTE
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ATTEST:
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City Secretary
APPROVED:
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