COUNCIL COMMUNICATION

DATE:

 

02/18/2003

 

 

SUBJECT:  FINAL READING OF ORDINANCE #2003-O-042

Closing as public easements the following street sections: 

 

A.                  A.  The 100 block of North Seymour Avenue between Mercer and Green Streets,

 

B.     The 100 block of North Loring Avenue between Mercer and Green 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 public easements the above-mentioned street sections.  These sections have been encroached upon and physically closed for many years and are being used as part of the campus of Daiches Elementary School.  Staff has researched and has not found any record of a deed  whereby these street sections were 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 sections to LISD.

 

Upon closing of said street sections, the City of Laredo will retain all necessary utility easements now located on these street sections.  Once the proposed closings are approved by the City Council, staff will initiate negotiations with LISD for the exchange or sale of the above-mentioned street sections 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 closings and no objections were noted.  The Planning & Zoning Commission voted in favor of the proposed closings.

 

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-042

 

CLOSING AS PUBLIC EASEMENTS THE FOLLOWING STREET SECTIONS:

 

C.    THE 100 BLOCK OF NORTH SEYMOUR AVENUE BETWEEN MERCER AND GREEN STREETS,

 

D.    THE 100 BLOCK OF NORTH LORING AVENUE BETWEEN MERCER AND GREEN 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 public easements the 100 block of North Seymour Avenue between Mercer and Green Streets, and the 100 block of North Loring Avenue between Mercer and Green Streets 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 property owner abutting these street sections, which have been used as an integrated part of the campus of Daiches Elementary School for many years.

 

WHEREAS, it is in the best interest of the City that these street sections be closed.

 

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

 

1.      That the following street sections be and the same are hereby closed as public easements:

 

A. The 100 block of North Seymour Avenue between Mercer and Green Streets;

 

B. The 100 block of North Loring Avenue between Mercer and Green Streets;

 

 

 

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