HomeMy WebLinkAboutO-1983-1390
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ORDINANCE NO.
/39tJ
AN-"'ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF
WEST "K" STREET1 RETAINING PUBLIC UTILITY EASEMENTS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFEC-
TIVE 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 West "K" Street,
in the City of La Porte, to vacate, abandon, and permanently
close that portion of West "K" Street1 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 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 1. Under and by virtue of the power granted to
the Ci ty of La Porte under its Home Rule Charter and Chap. 13,
Title 28, Art. 1175, of the Revised Civil Statues of the State
of Texas, 1925, the hereinafter described portion of West "K"
Street is hereby permanently vacated, abandoned, and closed by
the City of La Porte, to-wit:
Being the North 39.50 feet of the right-
of-way of West "K" Street, extending
:Erom the East right-of-way line of New
State Highway 146 to the extended West
right-ofway line of South 9th Street;
SAVING AND EXCEPTING a public utility
easement.
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Ordinance No. 18,/0 , Page 2.
Provided, however, the City of La Porte
SAVES AND EXCEPTS a public utility
easement under said 39.50 feet 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 uti-
lities holding franchise agreements
'I'/i th the Ci ty of La Porte.
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It is the intention of the City of La
Porte that the above described 39.50 feet
portion of West "K" Street shall be perma-
nently closed to through pedestrian and
vehicular traffic of all kinds, and for
any other surface and aerial uses, except
the herein retained subsurface public
utility easements, and any necessary
right to use the surface, in connection
with the exercise of such public utility
easements.
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The City of La Porte, for itself, its
successors and assigns, and the public
utilities holding franchises from it,
shall have the perpetual right, privilege
and easement, with appropriate rights of
ingress and egress and reasonable working
area for construction and maintenance,
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 North 39.50 feet 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 construc-
tion joints in any paving. The City of
l:'a Porte and its franchised public util i ties
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, deter-
mines, recites and declares that a sufficient written notice
tit
of the date, hour, place and subject of this meeting of the
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Ordinance No. J 3'10
, Page 3.
Ci ty Council was posted at a place convenient to the public
a t the City Hall of the Ci ty 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 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
." >-.' PASSED AND APPROVED this the 16th day of November, 1983.
CITY OF LA PORTE
By
ATTEST:
~~d/
C~ty Secretary
APPROVED:
6::d~ ~
City Attorney