(a)
Contents; use of tax rolls.
All persons desiring to
have the city council exercise its powers under Tex. Transp. Code
section 311.008 regarding the abandoning, altering, closing and vacating
of streets, alleys, and other public ways and portions thereof shall
file their petition with the city secretary, 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 request 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 Reagan County tax appraisal district shall make
the city tax rolls available to any petitioner under this section
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 purpose of this section.
(b)
Fee.
Upon the filing of such request with the city secretary as provided in subsection (a), an administration fee shall be deposited with the city secretary in the amount of $75.00 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.
(d)
Closing of portion of street.
In the event the petition 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 secretary 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 said street, alley, or public way as provided in subsection (c) above.
(e)
Action by council.
The proposed action by the city council
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 said request 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 Tex. Gov’t Code sections 551.001 through
551.146 are complied with. The city council shall not act on such
petition until such time as the city secretary has received an executed
release form from each of the abutting property owners listed in the
petition. Notwithstanding any other provisions of this section, the
authority to open, close, or vacate any street or alley shall be at
the sole discretion of the city council, after due notice has been
given to the abutting property owners. 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 interest of the parties and the public as the city
council may in its sole discretion determine.
(1997 Code, sec. 94.01)
(a)
Installation.
No person shall install pipelines, electric
lines, phone lines, fiber optic lines, or any other line running across
city streets or roads or adjacent to and in city street or road right-of-way
except in the following manner:
(1)
Lines must be a minimum depth of 60 inches from the top of the bore,
and shall run through a metal conduit, SDR-7 poly conduit or C-900
PVC conduit extending beyond city right-of-way. Conduit selection
has to be listed on the road bore application for approval.
(2)
The top of the bore shall be at least 60 inches beyond the lowest
point of the city right-of-way at the crossing point.
(3)
Pipeline operators shall place a clearly identifying sign at the
entrance and exit points of city right-of-way. All signs shall state
the appropriate notice as required by OSHA and/or DOT (notice-warning-danger,
the pipeline operator’s name, the pipeline operator’s
24 hour phone number and the content of the pipeline).
(4)
Pipeline operators shall bore under all city streets and roads, whether
paved or unpaved. At no time shall pipeline operators cut ditches
across city streets or roads.
(5)
Prior to construction of any line crossing and/or running in the
city street or road right-of-way, approval must be given by the city,
through individual city secretary, public works director or the city
council as a whole.
(6)
City cattle guards shall not be used as a conduit for a road crossing
point for pipelines, etc.
(7)
At no time shall city regulations circumvent federal or state pipeline
guidelines or laws.
(8)
Operator must contact city supervisor before covering a ditch.
(9)
The city reserves the right to inspect, accept or reject road crossing
construction.
(10)
Track vehicles must be hauled when crossing city streets or roads.
(11)
Some leeway may be granted for existing lines. However, all lines
(in use or abandoned) shall meet the marking standards required by
the city, county and/or other regulatory agencies.
(12)
All new construction shall meet all listed guidelines.
(13)
Violators will be held responsible for all damages.
(14)
The city secretary and/or public works director may approve the proposed
underground road crossing. If the application is denied, the applicant
can appeal to the full city council, by requesting the item be placed
on the agenda at a regular city council meeting.
(b)
Penalty.
Any person who shall violate any provision
of this section shall be guilty of a misdemeanor, and upon conviction
thereof, be fined in any sum not less than $50.00 nor more than $500.00;
and each day’s violation shall constitute a separate and distinct
offense. A person’s conviction of an offense under this section
does not preclude the person’s liability in a civil court.
(Ordinance 180320-01 adopted 3/20/18)
