COUNCIL COMMUNICATION

DATE

 

07/01/02

SUBJECT:  FINAL READING OF ORDINANCE NO. 2002-O-138

Closing as a public easement that section of Urbahn Avenue between Palo Blanco and Thurman Streets situated in the Eastern Division, City of Laredo, County of Webb, Texas and providing for an effective date.

 

INITIATED BY:                                                     STAFF SOURCE:

Cynthia Collazo                                                        Erasmo Villarreal

Acting City Manager                                                CD Director    

PREVIOUS COUNCIL ACTION:

On June 17, 2002, this Ordinance was introduced by the City Council.

PROPOSED ACTION:

Staff is proposing to close as a public easement the above-mentioned street, which is a platted, unpaved and a non-thoroughfare street. This street has not been used as a street for many years since it is located in an area, which consists mostly of vacant land and is fenced on the south right-of-way line of Palo Blanco Street.  City staff does not anticipate potential use of this street in the future.

 

The abutting property owners of the above-mentioned street have executed a Release Form releasing the City of Laredo from any and all damages arising out of the closing of said street.  They have also shown an interest in purchasing the street, should the City approve the closure.

 

Memorandums have been sent to all utility companies and no objections were noted.

All City Departments approved the proposed closure, however, the Planning Department recommends that the abutting property owner on the East side, who owns Lots 1 through 6, Block 1175, will need to replat all said lots including his corresponding share of Urbahn Avenue into one lot or two lots fronting Palo Blanco Street.  The abutting property owner has agreed to staff’s recommendation, should the City approve the street closure and the conveyance.  Upon closing of this street the City of Laredo will retain the necessary easements now located on this former street.

 

On June 6, 2002, a public hearing was held before the Planning and Zoning Commission.  Property owners within a 200’ radius were notified of the proposed street closing and no objections were voiced.  The Planning and Zoning Commission voted unanimously in favor of the proposed closure.

 

On June 12, 2002, the Street Closing Committee was provided with the above information through a memorandum.

 

FINANCIAL IMPACT:  None

 

COMMITTEE RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

Recommends passage of this Ordinance.

 

 

 

ORDINANCE NO. 2002-O-138

 

 

CLOSING AS A PUBLIC EASEMENT THAT SECTION OF

URBAHN AVENUE BETWEEN PALO BLANCO AND THURMAN STREETS SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

WHEREAS, the City Manger recommends that the City Council close as a public easement that section of Urbahn Avenue between Palo Blanco and Thurman Streets; and, 

 

WHEREAS, traffic flow will not be adversely affected by such closing; and,

 

WHEREAS, the abutting property owners of the above mentioned street have executed Release Forms releasing the City of Laredo from any and all damages arising out of the closing of this street; and,   

 

WHEREAS, the City Council finds that it is in the best interest of the City of Laredo to close as a public easement that section of Urbahn Avenue between Palo Blanco and Thurman Streets; and, 

 

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO:

 

1. That the section of Urbahn Avenue between Palo Blanco and Thurman Streets be and the same is hereby closed as a public easement, provided that the City retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City, any poles, wires, pipes, conduits, sewer mains, or any other facilities or equipment for the maintenance of operation of any utility now located in the street portion thereof closed as a public easement.

 

2.      This Ordinance shall become effective upon passage thereof.

 

            PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE  _________ DAY OF _____________, 2002.

 

_______________________                                                                                     

ELIZABETH G. FLORES                                                                                                                   \

Mayor

 

ATTEST:

 

_______________________                                                                          

GUSTAVO GUEVARA, JR.  

City Secretary

 

APPROVED AS TO FORM:

Jaime L. Flores

City Attorney

 

By:  __________________________                                                                                    

ANTHONY McGETTRICK

Assistant City Attorney