11/18/2002

SUBJECT: FINAL READING OF ORDINANCE #2002-O-293

Closing as public easements those sections of:

A. Milmo Avenue between Elm and Montgomery Streets, including the intersection,

B. Ash Street between Martin and Texas Avenues;

situated in the Eastern Division, City of Laredo, County of Webb, Texas; and

providing for an effective date.

INITIATED BY:

CYNTHIA COLLAZO

Asst. City Manager

STAFF SOURCE:

ERASMO VILLARREAL

CD Director

PREVIOUS COUNCIL ACTION:

On November 4, 2002, this Ordinance was introduced by the City Council.

BACKGROUND:

The City of Laredo is proposing to close as public easements the above-mentioned streets. These streets have been encroached upon and physically closed for many years and are being used as part of the Milton Elementary School campus. Staff has researched and has not found deed records whereby these streets were closed and conveyed by the City of Laredo to the Laredo Independent School District. In order to clear any title defect to the school district’s properties caused by said encroachments, the City is proposing to officially close and subsequently exchange or convey said streets to LISD.

Upon closing of said streets, the City of Laredo will retain all the necessary easements now located on these streets. Once the proposed closures are approved by the City Council, staff will initiate negotiations for the exchange or sale of the above-mentioned streets with LISD.

On October 17, 2002, a public hearing was held before the Planning and Zoning Commission. Property owners within a 200’ radius were notified of the proposed street closings and no objections were noted. The Planning & Zoning Commission voted in favor of the proposed closings.

On October 30, 2002, memoranda were provided to the Street Closing Committee members with the above information.

FINANCIAL IMPACT:

None.

COMMITTEE RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

Staff recommends passage of this Ordinance.

ORDINANCE NO. 2002-O-293

CLOSING AS PUBLIC EASEMENTS THOSE SECTIONS OF:

C. MILMO AVENUE BETWEEN ELM AND MONTGOMERY STREETS, INCLUDING THE INTERSECTION,

D. ASH STREET BETWEEN MARTIN AND TEXAS AVENUES;

SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, COUNTY OF WEBB, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Manager recommends that the City Council close as public easements those sections of:

A. Milmo Avenue between Elm and Montgomery Streets, including the intersection,

B. Ash Street between Martin and Texas Avenues;

situated in the Eastern Division, City of Laredo, County of Webb; and,

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

WHEREAS, the Laredo Independent School District is the sole abutting property owner of these streets which have been used as an integrated part of the Milton Elementary School campus for many years.

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

1. That it is the best interest of the City of Laredo that those sections of:

A. Milmo Avenue between Elm and Montgomery Streets, including the intersection,

B. Ash Street between Martin and Texas Avenues;

situated in the Eastern Division, City of Laredo, County of Webb; Texas; be and the same are hereby closed as public easements, 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 portions hereof closed as public easements.

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

Asst. City Attorney