(A) Administrative charges assessed. There is assessed a minimum administrative fee of $250 for the abandoning and vacating of city rights-of-way, alleys or easements.
(B) Application; procedure.
(1) Notwithstanding anything herein to the contrary, the City Council may consider the abandonment and vacation of rights-of-way, alleys, or easements at any time without submitting an application or complying with the requirements of this section.
(2) Any person desiring to have a city right-of-way, alley, or easement abandoned and vacated shall make applications for the same to the City Engineer. The application shall be accompanied by the following:
(a) The signed and acknowledged written consent and release of all utility companies that may have facilities or planned facilities to which access and use would be materially and substantially impaired if the proposed abandonment is granted.
(b) Administrative fee as provided in § 157.17(A).
(c) Legal description and sketch of the requested abandonment area.
(C) Requirements and effect of abandonment and vacation.
(1) No right-of-way, alley, or easement shall be abandoned and vacated unless the City Council determines in the abandoning ordinance that the right-of-way, alley, or easement is no longer useful or convenient to the public and that abandonment and vacation is in the public interest, and all requirements of this section and all other applicable ordinances and laws are satisfied. Whenever a right-of-way, alley, or easement is to be abandoned, the abandoning ordinance shall provide for how the property to be abandoned shall be sold, vacated or divided between the abutting property owners as outlined in the Tex. Local Gov’t Code.
(2) Before such ordinance shall be considered by the City Council, a public hearing shall be held. Notice of the public hearing furnished in writing to all property owners within 200 feet as listed on the most current tax rolls and notice shall be published in the official newspaper of the city at least ten days prior to the public hearing.
(D) Retention of utility easement upon abandoning and vacating street, alley or easement. Upon the abandoning and vacating of any right-of-way, alley, or easement, the city shall have the right, if it so desires, to retain a utility easement within the street, alley or easement abandoned.
(Ord. 01-2021-02, passed 1-12-21)