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CITY OF COLLEGE STATION
LEGAL DEPARTMENT
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3507
M E M O R A N D U M
TO. Cathy Locke, City Attorney
FROM: Roxanne Nemcik, Assistant City Attorney
RE: Abandonment of public alleyway
DATE: June 17, 1992
This morning at P.R.C. staff discussed the application for aban-
donment of a public alleyway in the College Hills Shopping Center
C. Fontana.
submitted by Mr. Joseph
b Staff did not recommend that the City abandon this alleyway for
the following reasons:
1. Water and Wastewater stated that there is a sewer line
located in the alley.
2. Mark Smith stated that Solid Waste Collection Service is
provided through this alley and that if it were abandoned,
the trash trucks would have no way to provide trash services
to the other property owners because the trucks could not
turn around. Currently, the trucks drive through this
alley. (See attached diagram)
3. Lone Star Gas stated that there is a gas line located in the
alley.
4. Neither Fire or Police would be negatively affected by the
abandonment.
For the foregoing reasons, staff does not recommend that the
City abandon this alley.
RN:jls
js/a/alley
CITY OF COLLEGE STATION
1101 Texas Avenue
9960
Post office Box
College Station, Texas 77842-0960
(409) 764-3500
June 22, 1992
Mr. Joseph C. Fontana
1216 Munson
College Station, TX 77840
RE: Request for Alley Abandonment
Dear Mr. Fontana:
The City of College Station Project Review Committee re-
viewed your alley abandonment request. The staff investigation
revealed the following.
1. That the entire alley, including that which is not shown
on the plat, has been dedicated impliedly or expressly.
2. That there is an existing sewer line located in the
alley.
3. That solid waste collection is provided through this
alley and that if it were abandoned, the trash trucks would have
no way to provide trash services to the other property owners be-
cause the trucks could not turn around. As you are probably
aware, the trucks drive through this alley.
4. Lone Star Gas stated that there is a gas line located in
the alley.
Even though the City staff will recommend denial of your
request, you do have the right to have it considered by the City
Council. If you so desire, please contact Jan Schwartz at
764-35071 and she will place it on the agenda.
Yours very truly,
Ca 5LOcke
City Attorney
CL:jls
js/a/fontana
LEGAL DEPARTMENT
FILE NOTE
July 8, 1992
RE: Joe Fontana - Alley Abandonment
Mr. Fontana called on Monday, July 6th. He wants to take this
matter to the Council. I advised him the next Council meeting
would be July 22.
What do I do now? Do I treat it like any other abandonment,
except I don't circulate the application? What should I say on
the cover sheet?
Jan
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(00% CITY OF COLLEGE STATION
LEGAL DEPARTMENT
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3507
M E M O R A N D U M
TO: Mark Smith, Assistant Director, Public Services
Bill Riley, Superintendent, Water & Wastewater Div.
FROM: Cathy Locke, City Attorney
RE: Abandonment of Alley at 1037 South Texas Avenue
DATE: July 16, 1992
Joseph Fontana's Application for Abandonment of the alleyway
located at 1037 South Texas Avenue (College Hills Estates
Shopping Village) is on the Council Agenda at 7:00 on Wednesday,
July 22nd. At the PRC meeting on June 17th, when this matter was
discussed, you or someone from your department expressed
oppositon to this abandonment. Please be sure that someone from
your department is present at the Council meeting and prepared to
present your objections to this abandonment. I have attached a
copy of the Application for your review.
CL: j is
Attachment
js/a/fontan2
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CTTY OF COLLEGE STATION
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3500
July 16, 1992
Mr. Joseph C. Fontana
1216 Munson
College Station, TX 77840
Dear Mr. Fontana:
Your Application for Abandonment of the alleyway located
at 1037 South Texas Avenue has been placed on the City Council
Agenda for Wednesday, July 22, 1992, at 7:00 p.m. The meeting
will be held in the City Council Chambers in the Municipal
Building at 1101 Texas Avenue.
j truly y urs,
Schwartz
l Assistant
:js
js/a/fontan
CTT`Y OF COLLEGE STATION
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842.0960
(409) 764-3500
July 27, 1992
Wings n' More
1045 Texas Avenue South
College Station, TX 77840
Gentlemen:
Please be advised that the Application for Abandonment of
the alleyway located at 1037 South Texas Avenue is being placed
on the City Council Agenda for Thursday, August 13, 1992, at 7:00
p.m. The meeting will be held in the Council Chambers in the
Municipal Building at 1101 Texas Avenue.
Very truly ours,
Ja Schwartz
gal Assistant
:jls
js/a/fontana3
CI'Y OF COLLEGE STATION
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3500
July 27, 1992
Dr. Robert White
122 Walton Drive
College Station, TX 77840
Dear Dr. White:
Please be advised that the Application for Abandonment of
the alleyway located at 1037 South Texas Avenue is being placed
on the City Council Agenda for Thursday, August 13, 1992, at 7:00
p.m. The meeting will be held in the Council Chambers in the
Municipal Building at 1101 Texas Avenue.
Very truly ours,
JJa Sc hwartz
l Assistant
:jls
js/a/fontana3
CITY OF COLLEGE STATION
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3500
July 27, 1992
Wilson Plumbing Company
106 Walton Drive
College Station, TX 77840
Gentlemen:
Please be advised that the Application for Abandonment of
the alleyway located at 1037 South Texas Avenue is being placed
on the City Council Agenda for Thursday, August 13, 1992, at 7:00
p.m. The meeting will be held in the Council Chambers in the
Municipal Building at 1101 Texas Avenue.
Very truly ours,
Ja Schwartz
egal Assistant
:jls
js/alfontana3
C ► CITY OF COLLEGE STATION
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3500
July 27, 1992
Acme Glass Company
116 Walton Drive
College Station, TX 77840
Gentlemen:
Please be advised that the Application for Abandonment of
the alleyway located at 1037 South Texas Avenue is being placed
on the City Council Agenda for Thursday, August 13, 1992, at 7:00
p.m. The meeting will be held in the Council Chambers in the
Municipal Building at 1101 Texas Avenue.
Very truly yours,
4gal Schwartz
Assistant
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js/a/fontana3
CITY OF COLLEGE STATION
/ Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3500
July 27, 1992
Alfred T. Hornbacks
120 Walton
College Station, TX 77840
Gentlemen:
Please be advised that the Application for Abandonment of
the alleyway located at 1037 South Texas Avenue is being placed
on the City Council Agenda for Thursday, August 13, 1992, at 7:00
p.m. The meeting will be held in the Council Chambers in the
Municipal Building at 1101 Texas Avenue.
Jga trul y yours,
Schwartz
l Assistant
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js/a/fontana3
1
CITY OF COLLEGE STATION
Post Office Box 9960 1101 Texas Avenue
CoUege Station, Texas 77842-0960
(409) 764-3500
July 27, 1992
Mr. Joseph C. Fontana
1216 Munson
College Station, TX 77840
Dear Mr. Fontana:
Your Application for Abandonment of the alleyway located at
1037 South Texas Avenue is being placed on the City Council
Agenda for Thursday, August 13, 1992, at 7:00 p.m. The meeting
will be held in the Council Chambers in the Municipal Building at
1101 Texas Avenue.
Again, I apologize for the mix up in the Council's meeting
time last week and any inconvenience it may have caused you.
Very truly yours,
Ja Schwartz
gal Assistant
:jls
js/a/fontana
` t CITY OF COLLEGE STATION
LEGAL DEPARTMENT go f~ Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3507
M E M O R A N D U M
TO: Mark Smith, Assistant Director, Public Services
Bill Riley, Superintendent, Water & Wastewater Div.
FROM: Cathy Locke, City Attorney Ce~7
RE: Abandonment of Alley at 1037 South Texas Avenue
DATE: July 27, 1992
Joseph Fontana's Application for Abandonment of the alleyway
located at 1037 South Texas Avenue (College Hills Estates
Shopping Village) will be placed on the next Council Agenda,
Thursday, August 13, 1992, at 7:00 p.m. to allow Mr. Fontana an
opportunity to speak to the Council.
At the PRC meeting on June 17th, when this matter was discussed,
you or someone from your department expressed opposition to this
abandonment. Please be sure that someone from your department is
present at the Council meeting and prepared to present your
objections to this abandonment. I have attached a copy of the
Application for your review.
CL: j is
Attachment
js/a/fontan2
1
CITY OF COLLEGE STATION
BUILDING DIVISION
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3741
June 9, 1992
MEMORANDUM
TO: Development Review Team
FROM: Shirley Volk
SUBJECT: Request to abandon a right-of-way
The Legal Department has received a request to abandon a
portion of a right-of-way (alley) behind the former
Rockyana's Pizza on Texas Avenue. (See highlighted area on
attached plat with structures drawn in.)
Please identify any concerns or problems with this request
and let me know about them so I can prepare a staff report
to give to Legal. We may be holding a formal P.R.C. on this
next week, so be sure to have any conditions for approval or
reasons to deny the request available prior to that time.
Thanks.
CT'Y OF COLLEGE STATION
\ Post Office Box 9960 U01 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3500
July 29, 1992
Equity Locators
118 Walton Drive
College Station, TX 77840
Gentlemen:
Please be advised that the Application for Abandonment of
the alleyway located at 1037 South Texas Avenue is being placed
on the City Council Agenda for Thursday, August 13, 1992, at 7:00
p.m. The meeting will be held in the Council Chambers in the
Municipal Building at 1101 Texas Avenue.
Very truly yours,
JdWtt5
jeign Schwartz
al Assistant
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js/a/fontana3
LEGAL DEPARTMENT
FILE NOTE
July 29, 1992
RE: Joe Fontana - Abandonment
Dr. Robert White called today. He received my letter regarding
the hearing on the abandonment and wasn't sure what it was about
or what he should do. He said he really didn't care one way or
the other what happened with the alley.
Jan
:js
LEGAL DEPARTMENT
FILE NOTE
July 31, 1992
RE: Fontana Abandonment Request
Don Ganter called on July 30, 1992. He had received my letter
regarding the abandonment and wanted to know what it was all
about. After I explained it to him, he said he was very much
against it. He thought it was absurd. Ganter said he would be
at the Council meeting to express his opinion.
Jan
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js/a/ganter
CITY OF COLLEGE STATION
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-9960
(409) 764-3500
July 26, 1995
Mr. Joe Fontana
1037 South Texas Avenue
College Station, TX 77840
RE: Request to erect a fence along the side property line on the lot located at 1037
South Texas Avenue
Dear Sir:
I am writing to follow up on the conversation that we had last week regarding your intention to
blocking an alley located across the rear of your property. At the time we spoke, I was vaguely
aware of the City's position regarding such action and was not familiar with all of the details.
Since that time, I have obtained and reviewed the history of a request to abandon the alley that was
denied by the City in 1992.
At the time that case was reviewed, such requests were handled through the Legal Department
(they are now handled through Engineering). I have obtained a copy of all records pertaining to
this case. If you would like a copy, please let me know.
Due to the fact that the request for abandonment was denied, the alley remains a public access
drive and must remain traversable. I cannot therefore allow any obstacle within said alley.
Thank you.
Sincerely,
Sabine Kuenzel, AICP
Senior Planner
cc: Jane Kee, City Planner
Veronica Morgan, Assistant to the City Engineer
Legal Department
Home of Texas A&M University
InterOffice Memo
To: Steve Homeyer
From: Jeffrey A. Koska, Water Superintendent.
Date: April 30, 1996
Subject: Porky's Property
After investigating the site and discussing with you the location of the proposed
fence to be placed on the South side of the Porky's Property, I have determined that
there is no conflict with the Water/Wastewater Utilities with the construction of the
aforementioned fence.
From: Tony Michalsky
To: City Hall.SHOMEYER
Date: 4/29/96 3:27pm
Closing the access between Porky's and Wings & More would not affect the
electrical service to either property. We would still need access to the back
of both property's if at all possible. As long as there is parking in the
back we still have access.
Memorandum
DATE: April 24, 1996
TO: Steve Homeyer, Engineering Project Manager
FROM: Jon Mies, Fire Marshal
RE: Fence Blocking Access at 1037 Texas Avenue
CC: David Giordano, Assistant Fire Chief
The Fire Department is against the erection of a fence blocking the rear access to the properties located in
the 1000 block of Texas Avenue at this time. It is very important the this access be open during the
construction of Texas Avenue, this guarantees at least one point of access to all the businesses located in
this stretch of Texas during the entire project.
When the construction is complete, if Mr. Fontana would like to resubmit his proposal the Fire Department
would not have a problem with the fence. The main concern at that point would be the access to the Signs
Now building and the Fire Lane protecting that property remaining unobstructed.
This item was taken to Council and they denied the request for the fence along with the right-of-way
abandonment, so I feel any further action on this matter should be addressed in the same manner.
MEMORANDUM
TO: Steve Homeyer, Engineering Project Manager
FROM: Jim Smith, Sanitation Superintendent
DATE: April 21, 1996
SUBJECT: Porky's
We will enter the area from Walton Dr. and exit onto Texas Ave. utilizing Porky's driveway after collecting the
containers at Acme Glass and Porky's. The fence at Wings N' More will not have an impact on garbage collection
vehicles.
PO&Y&J$
4/-3o-SL
From: Steve Homeyer 5p4k-
To: KLAZA
Subject: Porky's Fence
I have met with Fire, Electrical, Water/Wastewater and Sanitation to get their
input as to whether or not this fence would affect their services. The
construction of this fence would not affect anyone except Fire. They need
that back access temporarily during the construction of Texas Avenue.
However, they understand that Texas Avenue will take 2+ years to construct and
that the applicant is wanting the fence now. Their suggestion would be to
construct the fence to the alley area leaving the back open until Texas Avenue
is complete, at which time the applicant could extend the fence to the back
property line. If this is not suitable to the applicant, then maybe Fire
would be amenable to allowing a gate(s) to be installed across the access.
These gates would be required to be left unlocked but could be latched to
preclude the cross parking that currently exists (I have not discussed this
option with Jon). If for some reason the applicant and the City could not
agree upon a solution, Jon said that he could declare this area a temporary
fire lane if necessary to provide for the necessary access. I have received
all but one letter from the various departments and should receive it within
the next few days.
CC: Utility Services Center.TMICHALS, Police Departmen...