(A) All persons desiring to have the City Council exercise its powers under Tex. Trans. Code, §§ 311.001–311.008, regarding the abandoning, altering, closing, and vacating streets, alleys, easements and other public rights-of-way, or portions thereof, shall file their application with the Director of Public Works, in writing, directed to the City Council. The application shall contain a description of the street, alley, easement or portion thereof, as the case may be, and attached to the application shall be a list of all owners abutting the street, alley, easement or portion thereof, as the case may be, together with the last known address of all the owners. In the event that all abutting property owners do not join in the petition, a statement shall be attached to the request showing the reason for non-participation of those who have not signed. In the event the requested abandonment or alteration pertains to or involves an easement, the applicant must acquire written approval with no objections documented from each utility providing service in the city. In any case where alteration or abandonment of easement(s) is requested, if approved, all costs associated with the relocation or alteration of any utilities shall be borne by the person making the request (applicant).
(B) Upon the filing of the application with the Director of Public Works, as provided in division (A) above, an administration fee shall be deposited with the City Secretary in the amount of $200 or more, in an amount sufficient to cover the expense of administering the procedure outlined in this section, plus costs of publication and preparation of appropriate documents, and the cost of mailing notices and release forms to all abutting property owners. The fee is nonrefundable.
(C) Upon the filing of the application and fee as provided in divisions (A) and (B) above, the City Secretary shall mail notices of the request and release forms by certified mail, return receipt requested, to all abutting property owners.
(D) In the event the application requests that on a portion of a through street, alley, easement or public way open to public access from either direction is to be abandoned, altered, closed, or vacated, then it shall be necessary for the applicant 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 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 the abutting property owners for the closed and open portions of the street, alley, or public way as provided in division (C) above.
(E) The proposed action by the City Council shall be placed on the agenda for the next public meeting of the City Council after the completed application has been processed, provided that there are at least ten days between the date the completed application was received and processed until the date of the next City Council meeting. The City Council shall not act on the application until the City Secretary has received an executed release form from each of the abutting property owners listed in the petition and the completed application.
(F) The City Council may, in its discretion, require a public hearing before the application is considered. In such event, notice of the hearing shall be published one time in a newspaper of general circulation in the city at least 15 days before the hearing, and posted for 15 days before the hearing at the City Hall.
(G) The application, 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.
(H) The City Council may elect to retain its fee simple ownership of any closed or abandoned street, alley, easement, or public right-of-way.
(I) In the event that it is determined that the city owns in fee simple the closed or abandoned street, alley, easement, or public right-of-way, the City Council may sell the property to all abutting property owners in an equitable manner as provided by Tex. Loc. Gov’t Code, § 272.001(c), by either determining the appraised fair market value of the property, or by selling the property at a public auction with two separate dates of publication as provided by Tex. Loc. Gov’t Code, § 272.001(a). The notice must include a description of the property to be sold and its location.
(J) Nothing in this section should be construed as preventing the City Council from abandoning, closing, altering, or vacating a street, alley, easement, or other public right-of-way on its own initiative without the need for submission of an application by abutting property owners.
(Ord. 94-816-A, passed 8-16-1994; Ord. 13-0820, passed 8-20-2013)