Ord. 0788 05-12-97ORDINANCE NO. 788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING,
CLOSING, AND VACATING STREETS, ALLEYS, AND OTHER PUBLIC
RIGHTS -OF -WAY AND PORTIONS THEREOF WITHIN THE CITY OF
PEARLAND; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE;
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council of the City of Pearland, Texas, has the power to
establish, construct, alter, close, vacate, and abandon public streets, alleys, public
grounds and highways of the City; and
WHEREAS, the City Council desires to establish the legal procedure by which
said actions may take place; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Any person ("Petitioner") desiring to have the City Council exercise
its powers regarding the abandoning, altering, closing, or vacating of public streets,
alleys, and other public rights -of -way and portions thereof within the City of Pearland,
shall comply with the procedures set forth herein:
(1) file a written petition, addressed to the Pearland City Council and
delivered to the City Secretary, containing:
(a) a plot plan showing the street, alley, public right-of-way or portion
thereof at issue, said plan to be certified by a licensed public
surveyor;
(b) a list of all owners and lessees of property abutting both the
portion of the street, alley, or public right-of-way to be closed and
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the portion to remain open, along with the last known address of
each owner and lessee, as evidenced by the City of Pearland tax
rolls;
(c) Petitioner shall contact all owners and lessees described in
subsection (b) above regarding said petition and if contact is not
made, Petitioner shall submit a statement with the petition,
explaining why contact was not made;
(d) an opinion letter by a duly licensed attorney, stating that the
Petitioner owns property immediately adjacent to the street, alley,
public right-of-way or portion thereof that is being requested to be
abandoned, altered, closed, or vacated;
(e) a title commitment duly issued by a title insurance company
licensed to do business in Brazoria or Harris County, Texas, as
applicable; and
(f) a check or money order made payable to the City of Pearland in the
amount of $100.00, as the non-refundable administrative fee for
processing said petition.
Section 2. Upon receipt of a petition meeting all of the requirements set forth
herein, the City Secretary shall:
(a) mail notices of said petition, along with release forms, by certified mail,
return receipt requested, to all owners and lessees of property abutting
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the property that is being requested to be abandoned, altered, closed, or
vacated, and to all owners and lessees of property abutting portions of
the street, alley, or public right-of-way that shall remain open; and
(b) make written inquiry of each of the public utilities then holding franchises
from the City of Pearland, notifying them of such petition and requesting
that each said franchise file with the City Secretary's office within ten
(10) days from the date of their written notice, their position regarding
the petition and specifically stating whether they object or consent to the
same.
Section 3. Upon receipt by the City Secretary, of executed releases from
owners and lessees of property abutting the portion of the public street, alley, or
public right-of-way that is being requested to be abandoned, altered, closed, or
vacated, the City Secretary shall schedule a public hearing before City Council to
address said petition and shall publish notice of the same in the City's official
newspaper in accordance with state law. The public hearing shall take place after
sufficient time has elapsed for mailing of the notices, return of the release forms, and
publication of the public hearing.
Section 4. The City Council may address said petition at a regular or special
City Council meeting after a public hearing has been held regarding said petition.
Section 5. In the event there is an exchange of easement between the City of
Pearland and any abutting property owner, said new easement shall be accepted
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concurrently with the abandoning, altering, closing, or vacating of a public street,
alley, or public right-of-way, by City Council.
Section 6. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 8. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 9. Effective Date. This Ordinance shall become effective immediately
after its second and final reading.
PASSED and APPROVED ON FIRST READING this the ASil‘ day of
094.
, A. D., 1997.
TOM"REID
MAYOR
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ATTEST:
W#M
ENDY NDORF
INTERIM G4TY SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the /07 day
, A. D., 1997.
ATTEST:
APPVED AS TO FORM:
Y M • ES McCULLOUGH
CITY e TORNEY
TOM REID
MAYOR
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