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07&08 Price Street ClosingMEMO February 4, 2002 TO: Mayor and City Council Members City Manager FROM: Larry Schenk SUBJECT: C/osing of Price Street You will recall at our prior Council meeting we requested City Council to initiate the process of the closing of Price Street adjacent to the County Court House. This action was taken as a consequence of verbal representations at different times by the County Judge that the County will require the Price Street property as part of the over-all renovation and reconstruction of the County Court House complex. Prior to bringing the matter to City Council at our January meeting, I forwarded a letter to Judge Superville (copy enclosed) requesting that he in turn return a letter to us over his signature formally requesting abandonment of the Price Street right-of-way. At the same time, our City Engineer initiated his review of the easements existing in the Price Street right-of-way. The letter requesting the abandonment, while a formality, is a necessary part of the process of abandoning any right-of-way as a manifestation of the actual request of the adjacent property owner for the right-of-way to be abandoned. At the time I forwarded the letter to Judge Superville, I also included a form letter of request for his secretary to use in retyping on County stationery, thereby requiring the County Judge only to sign the letter and return same to me. To date, I have not received a letter requesting abandonment of the Price Street right-of-way. i subsequently requested my secretary, Alice Pinalto, to contact Judge Superville's secretary regarding the status of the letter requesting abandonment. A summary of Ms. Pinalto's conversation with the judge's secretary is attached to this memo. At the same time, I requested Ms. Pinalto to again send a copy of the form letter to Judge Superville's secretary, on the off chance the original letter had been misplaced. In spite of these efforts, I still have not received a formal request letter from Lamar County asking the City of Paris to abandon the Price Street right-of-way. Because I believe this is a necessary part of the over-all process of an abandonment, it is my judgment that no further activities should go forward on this abandonment until the letter requesting same is received by the City. Consequently, I am requesting the Planning and Zoning Commission and City Council to table such abandonment until a formal request is received. In addition, actual abandonment of the street may be premature at this time. Two additional considerations also justify the delay. First of all the City Engineer has indicated that if the actual street right-of-way is abandoned, the County will have to convey other utility rights-of-way to the City to accommodate relocation of certain utility lines (see attached memo). It would seem prudent to identify the exact route of these new utility lines before the actual right-of-way is abandoned. In addition, the Legal Department has researched the Local Government Code with regard to abandonment of such rights-of-way. You will recall the County has already given conditional approval on abandonment of the Hearne Street right-of-way. At the time of that abandonment, and in conformance with state law, the City had performed an appraisal of the value of the property and was prepared to pay the County for that right-of-way. However, because of the nature of the Price Street right-of-way, and subject to receipt of additional information from the County, abandonment of the Price Street right-of-way may not have to conform with the general requirements of state law that the City receive fair market value for the right-of-way before it is abandoned. Section 272.001 (b) of the Local Government Code exempts certain kinds of rights-of-way from the general requirements of notice and bidding before those property interests are conveyed to another owner. Specifically, a portion of subsection (b) provides as follows: The land and those interests described by this subsection may not be conveyed, soid, or exchanged for less than the fair market value of the land or interest un/ess the conveyance, sa/e, or exchange is with one or more abutting property owners who own the under/ying fee simp/e. This subsection applies to: 2. Streets or alleys owned in fee or used by easement; 3. Land or a real property interest originally acquired for streets, rights-of- way, or easements that the political subdivision chooses to exchange for other land to be used for streets, rights-of-way, easements, or other public purposes, including transactions partly for cash;" In other words, state law provides that if the Price Street right-of-way is not owned by the City in fee simple because the City did not buy the right-of-way, but rather it was dedicated to the City, and if the County constitutes the abutting property owner on both sides of the property (that is, if the County now owns all of the property on either side of the right-of-way to be abandoned), then it does not appear to be mandated by state law that the City must receive full fair market value of the right-of-way before it is conveyed to the abutting property owner. For these provisions of the Local Government Code to have meaning 1) the City would have to determine whether or not the City owns the property in fee simple or received it merely by dedication; 2) the City must be formally advised by the County that the County currently owns in fee simple all of the property abutting the right-of-way to be abandoned; and 3) the City Council would have to determine it is prepared to take less than full fair market value for the right-of-way. However, depending upon how the value of the Price Street right-of-way may appraise, it may provide the City and the County the flexibility to make an even swap for the Hearne Street right-of-way. The Legal Department continues to research attorney general's opinions and court cases interpreting the Local Government Code regarding the requirement for fair market value incident to the abandonment of streets and right-of-ways. Needless to say then there are a number of details better resolved before the abandonment than afterwards, and I again recommend tabling this matter until these issues are resolved. If you have any additional questions regarding this matter, please do not hesitate to contact me. LWS/ap Attachments cc: Steve Methven/Planning & Zoning Commission January 29, 2002 ~ Mr. Schenk: I called Nadine at the County Judge's office and nsked her if the Judge had ever signed the letter requesting the City to close Price Street'we faxed to him on January il, I explained to Nadine that this wns scheduled to go on our February agenda and we needed the letter for the agenda pncket. She acknowledged they received our fax and stated it was placed on their agenda, but he then removed it. She suid the Judge was in a meeting and she does not know what he intends to do. She is going to check with him when he returns and said she will get bnck in touch with me. I have on this date faxed the letter to Nndine for a second time in case the first letter was misplaced. Amp Januazy 11, 2002 Michael E. Malone, City Manager City of Paris P. O. Box 9037 Paris, TX 75460 In re: Request for abandonment of a portion of West Price Street adjacent to the Lamar County Court House. Dear Mr. Malone: Please consider this a formal request on behalf of the Lamar County Commissioners Court for the City of Paris to initiate appropriate proceedings to abandon that portion of West Price Street from the west boundary line of North Main Street (U.S. Hwy 271) west to the east boundary line of lst Street N.W. As you may be awaze, this portion of West Price Street is under consideration by the County for inclusion in the master design for renovations to the Lamar County Court House Complex. Any consideration you could give and assistance you could provide would be most appreciated. Sincerely, M. Charles Superville County Judge /ap HP LaserJet 3200 CITY#ATTORNEY i n v e n t 9037829721 JAN-14-2002 3:26PM • • A'p• Job Date Time Type Identification Duration Pages Result 82 1/14/2002 3:24:35PM Send 7853858 2:09 2 OK THE CITY OF PARIS 135 FIRST STREET SE P. O. Box 9037 Paris, 7exas 75481-9037 Telephone: (903) 785-7511 Fax Number 19031 782-9721 iAX MESSAGE q [!ce YI1f[ TM1k muup@ i& InbMeE onq bi tla uw of qa irMividwl or mtlry to wM1Ch It Ie MOreueC eM mry mnLin iMormation MH Is Ovllepd, emllMntlY mC "emp tmm Ebelwun unEn eppYCaLb bw. If the mEx e1 tM1ls mw0. b not tM InteMeE ncloMtl x tM xndeYn w wm nymYEle fer OOlvenlly llle MnYOe tO the sIMEaO ryCiPis111, YOU .11 MlMY MYfyE IM[ anV tlltNminNlpy tlulriputlon, o, capyln0 of Mb comminintim bIntrktly Ooichlbind II yw Mva nceME tas munlntion n mor, Obm ne4ty w immetliRNy by pbphons Im4[tl, uM mum tM arlpntl muupsi ro wnUenl [M ~bow NtlOrm vl. tM UnIpE Stno PomlBxi t0: JuEq BupeWb ATTN: Netlind COMGANV: 4mi Coumy FA%N0: 785-9668 FNQN: Lvry ScMM Ciry Rnorney SV8IECT: Lma ny,Ninq Prics Svwt Wwlnp COMMFNTS: %uu fi. . copY 0 an. WbmE b¢a ia Wi oifice anC moil the hurE capy. TLank yau iNIS TELECOMMUNICATION CONSISTS Of ONE COVEfl PAGE RNO 1_ AODITIONAL SHEEf151 January 11, 2002 Michael E. Malone, City Manager City of Paris P. O. Box 9037 Paris, TX 75460 In re: Request for abandonment of a portion of West Price Street adjacent to the Lamar County Court House. Dear Mr. Malone: Please consider this a formal request on behalf of the Lamar Counry Commissioners Court for the Ciry of Pazis to initiate appropriate proceedings to abandon that portion of West Price Street from the west boundary line of North Main Street (U.S. Hwy 271) west to the east boundary line of lst Street N.W. As you may be aware, this portion of West Price Street is under consideration by the County for inclusion in the master design for renovations to the Lamar County Court House Complex. Any consideration you could give and assistance you could provide would be most appreciated. Sincerely, M. Charles Superville County Judge /ap HP LaserJet 3200 0 CITY#ATTORNEY 9037829721 ~ ~ ~ ' ~ ~ JAN-29-2002 11:08AM . . R'p• Job Date Time Type Identification Duration Pages Result 131 1/29/2002 11:06:19AM Send 7853858 2:08 2 OK THE CITY OF PARIS 135 FIRSf SfREET SE P. O. Boz 9037 Peris, Texas 75461-9037 Telephone: (903) 785-7571 Fax Number (903) 782-9771 iAX MESSAGE PLFAfF NOTE: Tnismewqe is Frumdtl mry ro. me uw ofaM hntlMOUal w nnry m wnkn u b.a3nxe me mw oontsin inlwmrtson tpn h prIWIRed. w^fiesmX.l antl pnmpt Irwn Gfalowre mM p0liude lµ. II tM nwher Inimdetl rKlp Int a Ne emqvyee o yent npon~lEN fo- Ee W vin{ ~M1e me~w(~ of MUm nuI' [a tM Intmtletl rMVimt, you re M1ereby neNlletl Mw em aaeminrtlon, aMbuMOn, or wpyln{ ol IM1is communiu~lon h minN G~ibked if Ya+M1~ nWvN tM<<ommunlotlan In ma, phox nonry m mmeNrtery by Mephona (<olla). nA mum th. MEnul mevye to mmtln tl tbe MwuEbee vle the UnitWSMa Poilel5avlu. TP. luE{e fuprvllle ARN: Nedine COMYANY: Umo C Wnry fA%NQ 705-3059 F0.0M: Um/Sdwnk ClryAkanry SUBIECT: 4elttt rtyMn[ M. Hnrt CbJn{ COMMENTf: Plnwfua copyoltM1etlynMlellabMhofll<e entl mell Me M1aW [apy. TMnk you I-ZAO] NaNne,lunxntln{tMl Wininor VOYneeEift. TMnkA AIlt1 THIS TELECOMMUNIQTIdV CON95T5OF ONf CGJE0.>AGE ANO ADOITIONAlSHEET(n ( MEMORANDUM TO: Mayar and City Council Planning and Zoning Comxnission FROM: S. Shawn Napier, P.E. City Engineer DATE: January 25, 2002 SUBJECT: Request to abandon West Price Street from North Main St. to lst St. N.W. I have reviewed the request for the above referenced street abandonment. The street contains an 8-inch cast iron water line and overhead utilities. I suggest that the city reserve the right to a 20- foot Utility easement to be granted where it will not interfere with any future expansion of the Courthouse. This easement would also serve the utility companies. I recommend approval of the resolution after all the affected utility companies agree with the abandonment. . Sincerely, S. Shawn Napier, P.E. City Engineer ca Michael E. Malone, City Manager Larry W. Schenk, City Attorney Steve Methven, Building Official DRAFT J:\Attorney\ALICE\ORDWORK\CiJRRENT\Price Street Closing Ord.wpd February 4, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING THE FORTY (40) FOOT STREET KNOWN AS W. PRICE STREET, BEGINNING AT THE WEST BOUNDARY LINE OF N. MAIN STREET (U.S. HWY 271) GOING WEST TO THE EAST BOUNDARY LINE OF 1ST STREET N.W.; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been brought to the attention of the City Council of the City of Paris that a forty (40) foot street, beginning at the west boundary line of N. Main Street (U. S. Hwy 271) going west to the east boundary line of 1 st Street N.W., is of no use as a street to the City of Paris or to its citizens, but is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes, and the City Council so finds; and, WHEREAS, the City Council of the City of Paris has received a letter from the adj acent property owner requesting that the forty (40) foot street known as West Price Street be abandoned from N. Main Street west to lst Street N.W.; and, WHEREAS, the City Council, following receipt of said letter, adopted Resolution No. 2001-022 on January 7, 2002, referring the matter of said proposed street abandonment to the Planning & Zoning Commission of the City of Paris for the Commission's review and recommendation to the City Council for final action; and, WHEREAS, the Planning & Zoning Commission did, at 5:30 p.m. on the 4th day of February, 2002, conduct a public hearing to allow interested citizens and members of the public to comment for and against the proposal to abandon the aforesaid street right-of-way; and, WHEREAS, following the public hearing conducted by the Planning & Zoning Commission, the Commission, having reviewed the proposed abandonment, recommended to the City Council of the City of Paris that the City abandon the aforesaid street right-of-way, preserving and reserving thereto drainage and utility easements coterminous with and extending under the surface of the street right-of-way proposed for abandonment; and, WHEREAS, the City Council of the City of Paris likewise conducted a public hearing on the 7th day of February, 2002, to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid street right-of-way; and, WHEREAS, the City Council, having received the recommendation of the Planning & Zoning Commission, hereby determines that it is in the best interests of the citizens and the City of Paris to abandon the aforesaid street right-of-way, reserving thereto drainage and utility easements coterminous with the original boundaries of the aforesaid street and subj ect to the rights and the interests of the City of Paris in preserving and utilizing the aforesaid easements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 forty (40) foot street known as W. Price Street, beginning at the west boundary line of N. Main Street (U.S. Hwy 271) going west to the east boundary line of lst Street N.W., described in Exhibit A, attached hereto, is found to be of no use as a street to the City of Paris or its citizens, but is of use and necessary to the City of Paris and its citizens for drainage and utility easement purposes; therefore, such street is hereby abandoned, with the City of Paris retaining drainage and utility easements. Section 3. That the drainage and utility easements hereby reserved and preserved from abandonment shall extend the length and breadth of the current street right-of-way so abandoned and shall be conterminous with the original boundaries of said street right-of-way, the same being forty (40) feet wide and beginning at the west boundary line of N. Main Street (U. S. Hwy 271) west to the east boundary line of lst Street N.W. Section 4. That the drainage and utility easements so reserved by the City of Paris shall be held unto the City of Paris in full and fee ownership, with the right and privilege at any and all times to enter said premises, or any part thereof, for the purposes of maintaining, constructing, reconstructing, relocating, or otherwise performing work or service upon or in the utility facilities placed and located therein, and provided further, that no beneficiary or subsequent owner of the street right-of-way abandoned herein shall erect or place any building, driveway, or other permanent structure on the perpetual easements reserved herein, and such person or persons shall not otherwise use the aforesaid easement premises in a way that would interfere with the construction, maintenance, repair, inspection, or operation of the utilities or other facilities placed in the aforesaid easements. Section 5. That any document reflecting the City's relinquishment of use of the street right-of-way abandoned herein shall include, or shall be interpreted to include, the easements and the appurtenances thereto preserved by the City of Paris as reflected in this ordinance, and the abandonment of said street right-of-way is hereby conditioned upon the preservation of said easements and the rights and interests reserved unto the City of Paris hereto. Section 6. That this ordinance shall become effective on March 1, 2002. PASSED AND ADOPTED this 7th day of February, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney DESCRIPTION OF STREET TO BE CLOSED SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a forty (40) foot street known as W. Price Street located in City Blocks 10 and 41, between N. Main Street (U.S. Hwy 271) and lst Street N.W., and being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, City Block 41, being in the east boundary line of lst Street N.W.; THENCE East along the south boundary lines of Lots 1 and 2 of said City Block a distance of approximately 216 feet to a point being the southeast corner of said Lot 2, in the west boundary line of N. Main Street; THENCE South along the west boundary line ofN. Main Street a distance of 40 feet to the northeast corner of City Block 10; THENCE West along the north boundary line of said City Block 10 a distance of approximately 216 feet to a point being the northwest corner of said City Block; THENCE North along the est boundary line of 1 st Street N. W. a distance of 40 feet to the place of beginning and containing 8,640 square feet, more or less. EXHIBIT "A" ,y , °r . k, . . : . , . . s. _QI6' ~ BL-bCIC 1oz21 ° N0. ~ . 134' . 2\3. . 41 ~ 2 1 M ~ q2' Zn ~ z " N6 9 42 N 3 - 5d 75' W. PRtCE i ► I co c$ ~ I`-° ° I I~ ~ I 10 ~ I ZI IWW I I~~ ~ 216' 0 d. HOUSTON d z N ST. ~ cn zis' ~ r . , • {2' 5~ . • N . ~ r u 0 ° BL~tC ~ ~ NQ F, sz~ tv 40 ' 4 z 5~ . 108 io8, n } ' . 3 ~ ti 5 N = 75' N 141' 3-A ~ 2 " N vj v 3-C 3-8 ~ ~ _ ' ° 4 136 33 E. LAMAR CWNTY CWRTHOUSE a I 7 2 3~ ~ s - 5 m m 4 -A 4 ~ ioo' ro ' E. ioe' io - N OD o ~ 7 3 z a ~ -dD _ 2 6 ym 4 Z I 8' 1-7 454' 4 ~ L AMAR -4., S6 ST.