All persons desiring to have the city council exercise its powers under V.T.C.A., Transportation Code chapter 311, regarding abandoning, altering, closing and vacating streets, alleys and other public ways and portions thereof, shall file their petition with the city, 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 such petition shall be a list of all owners abutting such street, alley or portion thereof, as the case may be, together with the last known addresses of all such owners. If all abutting property owners do not join in such petition, a statement shall be attached to such petition showing the reason for nonparticipation of those who have not signed. Any petition to vacate or alter public ways that is in conjunction with a permit for placing a facility in the public right-of-way shall be filed prior to an application to place a facility under section 34.02.002.
(Ordinance 352 adopted 2/14/18)
Upon the filing of a petition under this article with the city, an administration fee shall be deposited with the city secretary in an amount established and fixed by the city council sufficient to cover the expense of administering the procedure outlined in this article, and the cost of preparing and mailing notices and release forms to all abutting property owners. Such fee is nonrefundable. Fee shall only be charged as allowed by law.
(Ordinance 352 adopted 2/14/18)
(a) 
Upon the filing of a petition and fee as provided in this article, the city shall mail notices of such petition and release forms by certified mail, return receipt requested, to all abutting property owners who have not joined in the petition.
(b) 
The city administrator shall make a determination whether the proposed vacation of the public street will require the relocation of public utility equipment or cause the public utility to obtain additional easements or to make additional improvements to provide utility services for existing or future customers of such utility. The city administrator shall report his findings to the city council at the first public meeting of the city council.
(c) 
If necessary the city administrator shall mail notices of such petition by certified mail, return receipt requested, to Southern Union Gas Company, City of Austin Electric, Southwestern Bell Telephone, Austin Cable Vision, Travis County W.C.I.D. #10, and other known utility companies requesting their response to the city regarding additional easements which may be required to remain or be abandoned. Utility companies are to respond to the city within ten working days after receipt of the notice.
(Ordinance 352 adopted 2/14/18)
If the petition filed under this article requests that only a portion of a through street, alley or public way which is open to public access from either direction is to be abandoned, altered, closed or vacated, then it shall be necessary for the petitioner to provide the city 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 will be mailed to all such abutting property owners for the closed and open portions of such street, alley or public way as provided in section 34.03.003.
(Ordinance 352 adopted 2/14/18)
The proposed action by the city under this article 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 days have elapsed from the date the request is filed until the date of such 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 Texas Open Meeting Law, V.T.C.A., Government Code chapter 551, are complied with. The city council shall not act on such petition until such time as the city administrator has received an executed release form from each of the abutting property owners listed in the petition. Such petition, if not acted upon at the first 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 interests of the parties and the public as the city council may in its sole discretion determine.
(Ordinance 352 adopted 2/14/18)
Along with the filing of a petition and fee as provided in this article, the petitioner shall submit at his expense an appraisal from two local, independent firms, acceptable to the city, to determine the value or interest of property to be conveyed. The city council may use the appraisals provided to determine the fair market value of the land and/or interest being conveyed or sold.
Upon acceptance of the appraisals, and a determination of the fair market value of the land, the city council shall affix a sum to be paid by the petitioner as consideration for the conveyance.
(Ordinance 352 adopted 2/14/18)