02/18/2003

SUBJECT: FINAL READING OF ORDINANCE #2003-O-041

Closing as a public easement that section of the 1100 block of India Avenue between Guadalupe and Chihuahua Streets 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 February 3, 2003, this Ordinance was introduced by the City Council.

BACKGROUND:

The City of Laredo is proposing to close as a public easement the above-mentioned street section. This section has been encroached upon and physically closed for many years and is being used as part of the campus of D.D. Hachar Elementary School. Staff has researched and has not found any record of a deed whereby this street section was ever 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 proposes to officially close and subsequently exchange or convey said street section to LISD.

Upon closing of said street section, the City of Laredo will retain all necessary utility easements now located on this street section. Once the proposed closing is approved by the City Council, staff will initiate negotiations with LISD for the exchange or sale of the above-mentioned street section to LISD.

On January 23, 2003, 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 noted. The Planning & Zoning Commission voted in favor of the proposed closing.

On January 29, 2003, a memorandum was 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 #2003-O-041

CLOSING AS A PUBLIC EASEMENT THAT SECTION OF THE 1100 BLOCK OF INDIA AVENUE BETWEEN GUADALUPE AND CHIHUAHUA STREETS 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 a public easement that section of the 1100 block of India Avenue between Guadalupe and Chihuahua Streets situated in the Eastern Division, City of Laredo, County of Webb; and,

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

WHEREAS, the Laredo Independent School District is the sole property owner abutting this street section, which has been used as an integrated part of the campus of D. D. Hachar Elementary School for many years.

WHEREAS, it is in the best interest of the City that this street section be closed.

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

1. That the section of the 1100 block of India Avenue between Guadalupe and Chihuahua Streets situated in the Eastern Division, City of Laredo, County of Webb; Texas; 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 hereof closed as a public easement.

2. This Ordinance shall become effective as and from the date of passage.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE _________ DAY OF _____________, 2003.

____________________

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