COUNCIL COMMUNICATION

DATE:

 

12/02/2002

 

 

SUBJECT:   FINAL READING OF ORDINANCE #2002-O-310

Closing as public easements those sections of:

·         Maryland Avenue between Market and the South right-of-way line of Guatemozin Street, including its intersections with Cortez and Guatemozin Streets,

·         Cortez Street between Springfield and Lexington Avenues, and

·         Guatemozin Street between Springfield and Lexington Avenues

all 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 18, 2002, this Ordinance was introduced by City Council.

BACKGROUND:              

Staff is proposing to close as public easements, the above-mentioned streets, which are are platted, unopened streets, which have not been used as thoroughfare streets for more than 70 years.  These streets are being encroached upon by the railroad facilities of Mexrail, Inc. and a cross section of a hardware store building, which belongs to Laredo Implement Co. thereby causing a title defect to their properties. 

 

Should the City approve the proposed street closings, the abutting property owners have shown an interest in negotiating with the City of Laredo for the purchase or exchange of said streets. By acquiring their corresponding shares of said streets, the abutting owners will be able to clear any title defects caused by the above-mentioned improvements encroaching into the street right-of-ways.

 

Memorandums were circulated to all City Departments, and utility companies and, no objections were raised. The City of Laredo will retain all necessary easements now located on said street closings.

 

On November 7, 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 voiced.  The Planning and Zoning Commission voted in favor of the proposed closings.

 

On November 13, 2002, memoranda were provided to the Street Closing Committee members with the above information.

 

FINANCIAL IMPACT:

None

                                                                              

COMMITTEE RECOMMENDATION: 

N/A

 

 

STAFF RECOMMENDATION: 

Recommends passage of ordinance.

 

ORDINANCE NO. 2002-O-310

 

 

CLOSING AS PUBLIC EASEMENTS THOSE SECTIONS OF:

 

·         MARYLAND AVENUE BETWEEN MARKET AND THE SOUTH RIGHT-OF-WAY LINE OF GUATEMOZIN STREET, INCLUDING ITS INTERSECTIONS WITH CORTEZ AND GUATEMOZIN STREETS,

·         CORTEZ STREET BETWEEN SPRINGFIELD AND LEXINGTON AVENUES, AND

·         GUATEMOZIN STREET BETWEEN SPRINGFIELD AND LEXINGTON AVENUES ;

 

ALL 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 the above-mentioned streets; and, 

 

WHEREAS, traffic flow will not be adversely affected by such closings since said proposed closures are not open to traffic; and,

 

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

 

WHEREAS, the City Council finds that it is in the best interest of the City of Laredo to close as public easements the above mentioned streets.

 

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

 

1.      That those sections of:

·         Maryland Avenue between Market and the South right-of-way line of Guatemozin Street, including its intersections with Cortez and Guatemozin Streets,

·         Cortez Street between Springfield and Lexington Avenues, and

·         Guatemozin Street between Springfield and Lexington Avenues;

 

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 thereof 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