2002-02-11 CITY COUNCIL PUBLIC HEARING MEETING MINUTES 137
MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON FEBRUARY 11, 2002 AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor Tom Reid
Mayor Pro-Tern Larry Marcott
Councilmember ' Woody Owens
Councilmember Larry Wilkins
Councilmember Klaus Seeger
City Manager Bill Eisen
City Attorney Darrin Coker
Deputy City Secretary Melinda Welsh
Absent: Councilmember Richard Tetens.
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community
Services Tobin Maples; City Engineer John Hargrove.
PURPOSE OF HEARING - ABANDONMENT OF UNUSED DEDICATED ROAD RIGHT-
OF-WAY LOCATED ON LOTS 3 AND 4, SECTION 2, A.C.H. & B.R.R. SURVEY,
ABSTRACT 507, BRAZORIA COUNTY TEXAS. Mr. Darrin Coker, City Attorney.
STAFF REVIEW
City Attorney, Darrin Coker, reported that the City received a petition requesting the
abandonment of a 40-foot right-of-way which runs north and south along SH 35 at the
intersection of Magnolia and John Lizer Road. There are no utilities within the right-of-way
and it is the old alignment of Old Alvin Road when it was projected to extend across, but has
since been realigned. Part of Old Alvin Road on the other side has been abandoned. The
property owner has requested abandonment of this because they are currently developing
the property. If Council were to abandon this at a future meeting they would have to take
action authorizing the sale of the property for fair market value. If not, the City would retain
ownership of the property but it would not be a public right-of-way. The Petitioner has
complied with all of the City's requirements of the abandonment ordinance such as the
petition and the documentation that has to be filed with the City.
CITIZEN COMMENTS
None.
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COUNCIUSTAFF DISCUSSION
Councilmember Seeger stated this is a win-win situation since the City would no Fenger
have to maintain it.
Councilmember Owens stated that the City should go with the fair market value and asked
if this would have to be bid out.
City Attorney, Darrin Coker, stated under local government code, property would have to
be bid out unless it is dealing with a right-of-way or street abandonment, in which case it
can be sold to the adjacent property owners without going through the bid process. It is still
a requirement to sell it at fair market value.
Councilmember Owens asked if the surveying and appraisal costs would be included in the
fair market value price.
City Attorney, Darrin Coker, stated this cost could be added to the fair market value and
would be discussed in negotiations with the property owner. .
ADJOURNMENT
Meeting was adjourned at 7:25 p.m.
Minutes approved as submitted and/or corrected this the 11 day of March ,
2002.
--- )erni all .
Tom Reid
Mayor
ATTEST:
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