(A) Petitions for closure, vacation and abandonment of public streets or alleys must be submitted to the Public Works Director ("director") who may process requests and establish forms and procedures to carry out this section.
(B) Petitioner must demonstrate ownership of each property abutting the right-of-way and must submit at least a category 1B standard land survey with field notes for each abutting- property owner's portion of the affected public rights-of-way. All owners of abutting property must consent to the action under this section. The consent must be in writing. The right of way will be presumed to exist by easement.
(C) No fees of any type are owed for city-initiated closures, vacations, or abandonments.
(D) The director shall provide notice of the petition to utility agencies and may require a petitioner to sign and deliver an agreement setting out the applicable closure fee and conditions imposed by city departments and utility agencies.
(E) At least 30 days before the City Council takes up a proposed closure, vacation, or abandonment the director shall cause signs to be placed at or near the public right-of-way to be closed and shall send letters to persons the director reasonably believes to be owners of all tracts within 500 feet of any portion of the affected right-of-way notifying them of the proposed closure. The signs must state the proposed action, the location and date of city council action, and must remain in place until City Council acts on the petition. Signs need not be erected, and letters need not be sent, for undeveloped ("paper") public right-of-way or for slivers not affecting the path of public travel. In determining ownership of tracts, the director need not inquire further than the ownership listings by the Atascosa Appraisal District.
(F) Closing, vacating, and abandoning public right-of-way must be approved by ordinance. After city council approval, the director may issue a document indicating release of the right-of-way easement in the street subject to any conditions included in the ordinance.
(G) An applicant petitioning for a street closure assumes all risk of title as to the affected street or alley segment and as to what utility agencies or companies may be using the segment. The city need not inquire into these matters.
(Ord. 23-1314, passed 5-11-2023)