All persons desiring to have the
city council exercise its powers under the Local Government Code of
the State of Texas regarding abandoning, altering, closing, and vacating
streets, alleys and other public ways and portions thereof, shall
file their petition with the code official, in writing, directed to
the city council. Such petition shall contain a description of the
street, alley, or portion thereof, as the case may be, and attached
to said petition shall be a list of all owners abutting said street,
alley, or portion thereof, as the case may be, together with the last
known address of all such owners. In the event that all abutting property
owners do not join in said petition, a statement shall be attached
to said request showing the reason for nonparticipation of those who
have not signed the petition. The code official shall make the city
tax rolls available to any petitioner under this chapter for the purpose
of determining the names and addresses of all abutting property owners
and the tax rolls shall be conclusive as to the names of the abutting
property owners for the purposes of this chapter.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Upon the filing of such petition
with the code official, an administration fee shall be paid in accordance
with the city’s fee and permit ordinance to cover the expense
of administering the procedure outlined in this section and the cost
of mailing notices and release forms to all abutting property owners.
Such fee is nonrefundable.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Upon the filing of such petition
and fee as provided herein, the city shall mail notices of said petition
and release forms by certified mail, return receipt requested, to
all abutting property owners.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
In the event the petition requests
that only a portion of a through street, alley, or public way which
is open to the public access from either direction is to be abandoned,
altered, closed or vacated, then it shall be necessary for the petitioner
to provide the code official with the names and last known mailing
addresses of all abutting property owners both for the portion to
be closed and for that portion which is to remain open in either direction
up to the next intersection with another street, alley or public way.
Notices and release forms shall be mailed to all such abutting property
owners for the closed and open portions of said street, alley, or
public way as provided in this article.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
The proposed abandonment or vacation
shall be reviewed by the city council and shall be placed on the agenda
for the next public meeting of the city council after the filing of
the petition or such public meeting as the city council may set, provided
that at least ten (10) days have elapsed from the date said petition
is filed until the date of said meeting in order to allow sufficient
time for the mailing of notices and release forms to the abutting
property owners and, provided further, that the notice provisions
of the Local Government Code are complied with. The council shall
hold a public hearing and review the petition during the public meeting.
No action shall be taken at the first meeting during which the review
takes place.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
The city council shall not act on
such petition until such time as the petitioner has delivered to the
code official the following:
(1)
An executed release form from each
of the abutting property owners listed in the petition;
(2)
A real estate appraisal of the subject
street, alley, or public way requested for vacation, closing or abandonment;
(3)
Easement releases for any public
utility easements within the right-of-way of the subject street, alley,
or public way; and
(4)
A payment representing each abutting
petitioner’s pro rata share of the appraised value of the subject
street, alley, or public way to be vacated, closed, or abandoned.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Such petition, if not acted upon
at the second public meeting at which it appears on the agenda, may
be continued on the agenda to subsequent public meetings if it is
in the best interest of the parties and the public as the city council
may in its sole discretion determine.
(b)
Once the petition is approved by
the city council, the petitioners have 30 days in which to record
the vacation, closure, or abandonment of the subject street, alley
or public way in the county deed records and to submit, to the city,
a replat covering the vacated, closed, or abandoned street and the
adjacent properties.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
