16-Deliberate and possibly act on an ordinance abandoning a fifteen foot alleyCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
12/10/09
Engineering, Planning &
Shawn Napier, P.E. Director of
Council Date:
Development
Engineering, Planning &
16.
12/14/09
Develo ment
RECOMMENDED MOTION:
First reading, deliberate and possibly act on an Ordinance abandoning a 15-foot by 245.3-foot alley on
the north side of the road in the 400 block of E. Hearon Street
POLICY ISSUE(S):
Alley abandonment
BACKGROUND:
Kelcorp, L.P. has requested that the City of Paris abandon an alley in the 400 Block of E. Hearon Street.
The alley right-of-way (ROW) is 15-feet wide and approximately 245-feet long. Kelcorp, L.P. owns
both side of the alley. The company sent letters to all of the franchise utilities companies (Oncor,
Atmos, Suddenlink and AT&T) asking them if they had any infrastructure in the alley and if they had
any objections to abandoning the easement. The City has received responses back from all of the
franchise utility companies and none of them have any infrastructure in the alley nor do they have any
objections to abandoning the alley ROW. The City has determined that we have no water or sewer lines
exist in the alley and that we have no need to retain any easements.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Ordinance; petition; aerial; survey; utility letters
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utiliries
City of Paris Revised 2/04/08
D RAFT
attorney\alley/streets\Whitaker Close Alley Ord 2009
ORDIIVANCE 1V0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS ABANDONING A
FIFTEEIV (15) FOOT ALLEY BETWEEIV 3RD STREET SE AND 5TH STREET SE, BEGIIVNIIVG
AT THE 1VORTH BOUNDARY LINE OF EAST HEARON STREET GOIIVG 1VORTH A
DISTAIVCE OF 246.45 FEET TO THE SOUTH PROPERTY LINE OF LOT 23, CITY BLOCK
142, CITY OF PARIS, TEXAS; DECLARING THAT THERE IS NO PUBLIC NECESSITY OR
NEED FOR SAID ALLEY FOR CITY USE; MAKING OTHER FINDINGS A1VD PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been brought to the attention of the City Council of the City of
Paris that a fifteen (15) foot alley between 3rd Street SE and 5gh Street SE, beginning at the
north boundary line of East Hearon Street going north a distance of 246.45 feet to the south
property line of Lot 23 of City Block 142, Paris, Texas is of no use as an alley to the City of
Paris or to its citizens, and the City Council so finds; and,
WHEREAS, the City Council of the City of Paris has received a letter from the
adjacent property owner requesting that the fifteen (15) foot alley be abandoned from the
north boundary line of E. Hearon Street a distance of 246.45 feet to the south property line
of Lot 23, City Block 142; and,
WHEREAS, the City Engineer has reviewed the requested alley abandonment and
has determined that the alley is of no use to the City and that there are no existing or
planned utilities for this alley; and,
WHEREAS, the City Council of the City of Paris conducted a public hearing on the
14th day of December, 2009, to receive comments from citizens and members of the
general public for and against the proposal to abandon the aforesaid alley; and,
WHEREAS, the City Council, hereby determines that it is in the best interest of the
citizens and the City of Paris to abandon the aforesaid alley.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUIVCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That the fifteen (15) foot alley, between 3rd St. SE and 5th Street SE,
beginning at the north boundary line of E. Hearon Street going north a distance of 246.45
feet to the south property line of Lot 23, City Block 142, City of Paris, Texas, as further
described in Exhibit A, attached hereto, is found to be of no use as an alley to the City of
Paris or its citizens, therefore, such alley is hereby abandoned.
- „ „ 9
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the Ciry of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty of
a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of
Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be deemed
a separate offense.
Section 7. That by a supermajority vote of ayes and nays, the Ciry
Council voted to suspend the rule requiring two readings before adoption of this ordinance.
Section B. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 14th day of December,
2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
EXHIBIT A
DESCRIPTIOIV OF ALLEY TO BE CLOSED
SITUATED within the corporate limits of the City of Paris, County of
Lamar, and State of Texas, being a part of the Larkin Rattan Survey, Abstract
No. 778 Survey, and being a fifteen (15) foot wide alley located in City Block
142 of the City of Paris from the north boundary line of E. Hearon Street
going north to the south property line of Lot 23, City Block 142, being more
particularly described as follows:
BEGINNING at a point in the north boundary line of E Hearon Street,
also being the southeast corner of Lot 18, City Block 142;
THENCE North along the east property line of said Lot 17 a distance of
246.45 feet to a point for corner in the south property line of Lot 23, also
being the northeast corner of said Lot 17;
THENCE East along the south property line of said Lot 23 a distance of
15 feet to a point for corner being the northwest corner of Lot 14B, City Block
142;
THENCE South along the west property lines Lots 15, and 16, of said
City Block a distance of 246.45 feet to a point for corner in the north
boundary line of E. Hearon Street;
THENCE West along the north boundary line of E. Hearon Street a
distance of 15 feet to the place of beginning and containing 3,696.75 square
feet, more or less.
.1 q 2
Date:
TO THE HOIVORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PARIS:
I, Doyle Whitaker, owner of Lots 15, 16 and 17, City Block 142 which is the property
adjacent to both sides of the fifteen (15) foot alley, shown on survey attached hereto as
Exhibit A, running north and south, beginning at the north Boundary Line of E. Hearon
Street going north 246.45 feet to the south property line of Lot 23, City Block 142, located
between 3rd Street SE and 5th Street SE, do hereby petition the City of Paris to abandon the
same.
Doy hi aker
Wh aker Homes
2550 Lamar Avenue
903-785-3393
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L.C.O.Y.R. - Lamar Co. Official Public Records
0' 30' 60'
L.C.R.P.R. - Lamar Cu. Real Property Records
L.C.D.R. - Lamar Co. Deed 2ecords LOT 23
~or 13
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OHL - Overhead Utility Lines
LEAH M. BALLANTINE
P.O.B. - Point Of Beginning VOL. 1756, PG. 1, L.C.O.P.R.
MACK E. RUSSEIL, ET UX
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R.O.W. - Right-0f-Way MAY 31, 2006
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effective December 15, 1983.
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E. HEARON STREET 0 - SET 112" IR WITH CAP "RPLS 5469"
(40'.videaccordingtotheCity of Paris;no dedication found) UNLESS OTHERWISE SHOWN
SURVEY OF T'HAT' CERTA[N TRAC"C OF LAND DESCR(BI3D
AS TRAC"f ONE AND TWO IN DCED l'O KEI.CORP, L.P.,
2009 OI''LIlE
423
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NUMBER 073
RECORDED IN DOCUMENI
OFFICIAL PUBLIC RECORDS OF LAMAR COUNTY, TCXAS
C CHALAIRE SURVEYING INC.
P.O. Box 1076 • PnaIs, Tx 75461
Ph. 903-784-1454 • Fax 903-784-1452
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- PROPERTY ADDRIsSS: 427 E. HL:AKON S'CREGT
COUNTY: LAMAR CITY: PAKIS, TEXAS
a a
: 9091.DWG
DA7'E: NOVEMBER 9, 2009 F IL E
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To: City of Paris
Attn: Shawn Napier
From: Suddenlink Communications
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Life Connected'
Shawn,
We have completed an inspection of the property at Sth st. and E Hearon & currently have
no facilities in this easement. We do not see any issue with surrendering this easement. If
you.have any iion please do not hesitate to call.
` Thank you,
Ray McCranie
System Manager
Suddenlink Communications.
25 SE 19th Street I Paris, TX 75460 1 V 903.785.0086 1 903.784J099 1 suddenlink.rom
/
-
._tMOs
energy
November 20, 2009
Mr. Doyle Whitaker
Whitaker Homes
2550 Lamar Ave
Paris, TX 75460
Dear Mr. Whitaker
After reviewing Atmos Energy's distribution system we found that we have no gas lines in the
alley to the west of the structure 427 E. Hearon St. Atmos Energy does have a gas main that runs west from
5`h St. SE towards 3`d St. SE the main is on the north side within the city easement. On any excavation the
state requires line locates to be done to ensure the safety our communities and the public. You can call 811
to obtain this request at no cost to the excavator.
Mr. Whitaker thank you for this opportunity to serve you and look forward to working with you in
the future for any of your natural gas related needs.
Sincerely,
Patrick McGrath
Operations Supervisor
Atmos Energy
Mid Tex Division
903-783-7202 (office)
903-783-7210 (fax)
Atmos Energy Corporation
Address, Ciry, State ZIP
P 000-000-0000 F 000-000-0000 atmosenergy.com
Shawn Napier
From: Katheryn.Allums@oncor.com
Sent: Tuesday, November 17, 2009 9:04 AM
To: Shawn Napier
Subject: Alley way closing on E. Hearon
Shawn,
per the request of Doyle Whitaker, Oncor does not have any facilities or easements located in the alley way that has
been requested to be closed off of the 400 block of E. Hearon. If you required additional information, please let me know.
Thanks,
Kathy Allums
Oncor Electric Delivery
903-784-9116
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~ Q c~
9034572084 03:07:17 p.m. 11-13-2009 2/2
00 ~~N~ <jf&i T, yri'j.4G~i .LZC1
27u2'rY2s'ey St. F, 90345I.a184
Gfeasvi!Ie,TX?54Q' Jame>.Blazier4 a'.f.corn
November 13, 2009
City of Paris
Shawn Napier P.E.
P.O. Box 9037
Paris, TX 75461
RE: Doyle Whitaker Alley abandonment at 427 East Hearnn St in Paris
Mr. Napier,
at&t does not have any existing easements or facilities on the property in question at 427 East
Hearon St in Paris. at&t has no ob}ections to the plat as drawn tn abandon the existing alley as
shown.
Please cantact me for any questions or concerns.
Thank'}rou,
o° es'
~am Blazier
Manager-Engineer Design
at&t
IAJ !-.ni,A 5nonsor nf ehe US. 1111mp+c Yream
_y_IoD