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10&11 Price Street ClosingMEMORANDUM TO: Planning and Zoning Commission FROM: S. Shawn Napier, P.E. City Engineer DATE: April 1, 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 a water line and overhead utilities. I suggest that the City of Paris retain an easement for Utilities and Drainage. The Utility Companies require a minimum 20-foot easement for the existing overhead lines in Price Street. The City will need to retain a lazger easement to accommodate the existing utilities, drainage and new water line. The exact width of the easement will be determined when the City and County meet to discuss the situation. A sepazate instrument easement may be required north of the existing Price Street Right-of-Way to accommodate the water line. Sincerely, 4Saapier, .E. City Engineer cc: Michael E. Malone, City Manager ✓ Larry W. Schenk, City Attorney Steve Methven, Building Official INTEROFFICE MEMORANDUM TO: MICHAEL E. MALONE, CITY MANAGER FROM: KENT KLINKERMAN SUBJECT: EAST PRICE STREET CLOSING DATE: 4/1 /2002 CC: KARL LOUIS; RONNIE GROOMS; SHAWN NAPIER On March 21, 2002, the leadership of Police, Fire, Engineering and EMS met to review the site plan of the north side of the Lamar County Courthouse renovations with specific emphasis on the proposed closing of East Price Street between North Main and Northwest 15t Street. Contact was made with B.P. Denney Architects via conference call for clarification of the site plan. Specific comments from different departments are attached. Summary: o Accessibility to the north side of the courthouse structure by the Fire Department will be impacted. It is estimated that this barrier to accessibility can be overcome with assistance from Denney Architects. o Response times to the courthouse will be impacted minimally. Strategic maneuvering of emergency response vehicles on scene will be impacted slightly. o New traffic flow patterns may necessitate a modification of the signal lights at North Main/Pine Bluff and Graham Street/NW 1 St Street. o Utility improvements will not be impeded due to the closing. Police: The Public Works Dept. conducted a street use survey of E. Price St. just North of the courthouse and found that the average daily use of the street in that one block area was approximately 900 vehicles a day. However, most of the vehicles (or at least a large portion) are accessing the courthouse parking lot on that street. If the new parking lot is completed as planned one block North of the current lot, then the increase in traffic at N. Main at Pine Bluff and at the intersection of 1st NW at Graham will be increased somewhat but probably not significantly. We will need TXDOT to analyze the traffic and timing of the signal lights at these two intersections, (after the street is closed), to verify if there is a need to possibly increase the time the lights remain on green to allow more time for a larger number of vehicles to proceed through the intersection. Some data that might be of use: I had the records division to review any traffic accidents involving pedestrians or personal injury in the one block area of E. Price Street that is being requested to be closed. Since January 1, 2000 there have been no accidents involving pedestrian or personal injury. As far as law enforcement is concerned I can see no significant impact on our operations or response to calls in regards to closing off this one block section of E. Price Street. Karl Louis Police Chief 2 EMS: The impact of closing Price Street as to the delivery of emergency medical care to persons within the Lamar County Courthouse was evaluated by the following factors: RESPONSE TIME: EMS response time will be slightly increased (maybe 30 seconds) if the responding unit is coming from the south or east due to the removal of the closest cross street north of the courthouse. EMS response time will not be impacted if the responding unit is coming from the north. ACCESS: EMS does not park on Price Street when at the courthouse. EMS enters the courthouse throuyh the basement from the parking lot on the north, which is accessed from 1 S Street NW. This is the only access available without steps. S U M MARY: The closing of Price Street will have little impact on the delivery of emergency medical care to persons in the Lamar County Courthouse. Response time and access will be consistent with historical data. This opinion is based upon access to the courthouse being available from the proposed handicapped parking lot or from North Main Street. Kent Klinkerman EMS Director 3 Fire: I still have some concerns but after our meeting Friday and subsequent call to the architect, I feel better. I think that the architects will try to help us in every way. The architect stated that it would be possible to allow access, for emergency traffic use, on the renovated Price Street. Access might entail removing some barriers in order to enter the street area but that would not pose a problem. Even with access to the new Price Street area I would also like the parking facility just west of the main building on the 1 st N.W. side to be configured large enough to allow fire apparatus access, especially our ladder truck. By making that parking facility large enough to accommodate our apparatus we could more easily facilitate rescue and/or fire mitigation processes. Positioning in the event of a fire and/or emergency incident is of utmost importance to the safety of all fire personnel and possible victims and the mitigation efforts as well. In the event that the fire department was denied vehicle access to the street in question and to the side parking lot, could make any emergency mitigation process very difficult and could be very detrimental to our efforts in protecting one of the oldest landmarks in Lamar County and those properties in close proximity to the landmark itself. Ronnie Grooms, Fire Chief 4 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 RIGHT OF ENTRY AND SURFACE ACCESS, DRAINAGE, AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AUTHORIZING THE EXCHANGE OF THE CITY'S INTEREST IN THE PRICE STREET RIGHT-OF-WAY FOR THE COUNTY'S INTEREST IN RIGHT-OF-WAY NECESSARY FOR THE EXTENSION OF HEARNE STREET; DETERMINING FAIR CONSIDERATION AND EQUAL VALUE IN SAID EXCHANGE; CONDITIONING SAID ABANDONMENT OF PRICE STREET ON RECEIPT OF THE HEARNE STREET RIGHT-OF-WAY; AMENDINGALL PRIOR ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; MAHING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING 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 atthe westboundary line ofN. 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 ar 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, in anticipation of the receipt of a letter on behalf of the Commissioner's Court of Lamar County, as owners of the property adjacent to said portion of W. Price Street, requesting the abandonment of said portion of W. Price Street, adopted Resolution No. 2002-022 on January 14, 2002, referring the matter of said proposed street abandonment to the Planning & Zoning Commission of the City of Paris far the Commission's review and recommendation to the City Council for final action; and, WHEREAS, the County Commissioner Court ofLamar County, by letter dated February 25, 2002, formally requested abandonment of the aforesaid portion of W. Price Street and, WHEREAS, the Planning & Zoning Commission did, on the 4th day of March, 2002, and again on the 1 st day of April, 2002, conduct public hearings 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 Engineer, the Police Chief, the Fire Chief, and the Director of Emergency Medical Services have made recommendations regarding the need for a right-of-enhy and access to the property following abandonment of same; and, WHEREAS, the City Council ofthe City ofParis likewise conducted public hearings on the 7th day of March, 2002, and again on the 8th day of April, 2002, to receive comments from citizens and members ofthe general public for and againstthe proposal to abandon the aforesaid streetright- of-way; and, WHEREAS, Section 272.001 of the Texas Local Government Code authorizes political subdivisions of the state of Texas, such as Lamar County and the City of Paris, to exchange real property where the exchange is with abutting property owners who hold clear title to said abutting property, for other similar streetright-of-way, with a finding by the governing bodies of both political subdivisions that the fair market value of the respective properties is essentially equal and the exchange is in the best interests of the citizens of each respective political entity; and, WHEREAS, Lamar County has offered as consideration for the Price Street right-of-way a 100 footright-of-way extending across the south end ofthe property where the County Jail is located, the same being a portion ofthe property purchased by the County from Foy Crockett, et uy, described in deed recorded in Vol. 126, Page 188, real property records, Lamar County, Texas, such right-of- way to be used by the City to extend Hearne Street from 1 st Street S.W. to 4th Street S.W.; and, WHEREAS, the Commissioners Court of Lamar County has previously authorized, by Resolution adopted February 14, 2000 (reference to which is hereby made), the transfer of said right- of-way to the City for fair market value; and, WHEREAS, the City Council of the City of Paris has, by adoption of Resolution No. 2000- 003, adopted January 10, 2000 (reference to which is hereby made), previously authorized the acceptance of the aforesaid right-of-way from the County for the extension of Hearne Street in exchange for the payment by the City of the fair market value of said right-of-way; and, WHEREAS, the City Council of the City ofParis does hereby find and determine that in lieu of the cash payment of the appraised value of the Hearne Street right-of-way as authorized in Resolution No. 2000-003, the acceptance ofthe Hearne Streetright-of-way in exchange for the Price Street right-of-way is an exchange of properties of equal value to the respective parties and is in the best interests of the citizens of the City of Paris and of Lamar County; and, WHEREAS, having determined fair consideration, the City Council desires to authorize the closure of Price Street and the exchange by Warranty Deed of said right-of-way with Lamar County for the exchange by Warranty Deed of the Hearne Street right-of-way; and, WHEREAS, the City Council, having received the recommendation of the Planning & Zoning Commission, the City Engineer, the Fire Chief, the Police Chief, and the Director of the Emergency Medical Services, hereby determines that it is in the best interests of the citizens of the City of Paris to abandon the aforesaid street right-of-way, reserving thereto a right of entry and access, drainage, and utility easements coterminous with the original boundaries ofthe aforesaid street and subject to the rights and the interests of the City of Paris in preserving and utilizing the aforesaid rights and 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 (LJ. S. Hwy 271) going west to the east boundary line of 1 st Street N.W., described in Exhibit A, attached hereto, is found to be ofno use as a streetto the City ofParis or its citizens, but is of use and necessary to the City of Paris and its citizens for enhy, access, drainage, and utility easement purposes; therefore, such street is hereby abandoned, with the City of Paris retaining a right of enhy and surface access, 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) feetwide and beginning atthe westboundary line ofN. Main Street(LJ.S. Hwy 271) westto the east boundary line of 1 st 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, conshucting, reconstructing, relocating, or otherwise performing wark or service upon or in the utility facilities placed and located therein, and provided further, that no beneficiary or 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 the right of enhy and surface access easement hereby reserved by the City shall extend the length and breadth of the current street right-of-way so abandoned and shall be coterminous 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 North Main Street (LJ. S. Hwy 271) west to the east boundary line of lst Street N.W., and shall grant the City the right to unimpeded access for City utility vehicles and City emergency vehicles, including ambulances, fire trucks, and other similar vehicles on official business, and no vegetation, buildings, other structures, or other improvements shall be placed or maintained thereon which shall in any way impede the enhy and access by the aforesaid vehicles without the written approval of the City Engineer and the City Manager. Section6. 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 abandonmentof said streetright-of-way is hereby conditioned upon the preservation of said easements and the rights and interests reserved unto the City of Paris hereto. Section 7. That the City Council hereby accepts as consideration for the aforesaid abandonment of the Price Street right-of-way the tender by Lamar County of the right-of-way for the Hearne Street extension as the same is described in Exhibit B attached hereto and for all purposes incorporated herein, and further finds such exchange of properties to be of equal value to the respective parties and in the best interests of the citizens of the City of Paris and Lamar County. Section 8. That the abandonment and transfer by Warranty Deed of the Price Street right-of- way to Lamar County authorized herein shall be and is hereby conditioned upon the exchange and transfer by Lamar County by Warranty Deed of the Hearne Street right-of-way described herein; otherwise, this ordinance and the abandonment of Price Street authorized herein shall be void and of no force and effect. Section 9. That all ordinances or resolutions in conflict with the terms and provisions ofthis ordinance shall be and are hereby amended to be consistent with the terms and provision of this ordinance. Section 10. That this ordinance shall become effective on May 1, 2002. PASSED AND ADOPTED this 4th day of April, 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 ofthe City ofParis, County ofLamar, 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 (LJ. S. Hwy 271) and 1 st 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 1 st 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 westboundary 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"