2004-01-12 CITY COUNCIL PUBLIC HEARING MEETING MINUTES - ABANDONMENTMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JANUARY 12, 2004, 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 -Tem
Richard Tetens
Councilmember
Charles Viktorin
Councilmember
Larry Marcott
Councilmember
Klaus Seeger
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Woody Owens.
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Economic Development Corporation Fred Welch; Public Affairs Liaison Lynn Munford;
Purchasing Officer Gordon Island.
PURPOSE OF HEARING — ABANDONMENT OF AN UNUSED UTILITY EASEMENT
REFLECTED IN THE SUBDIVISION PLAT KNOWN AS HOME DEPOT U.S.A., INC.
AND RECORDED IN VOLUME 21, PAGE 27 OF THE PLAT RECORDS OF
BRAZORIA COUNTY. Mr. Darrin Coker, City Attorney.
STAFF REVIEW
City Attorney, Darrin Coker, stated the City was originally notified by the property owner
regarding a waiver of encroachment for the encroachment of a building into a 10 -foot
utility easement. The property is located at FM 518 and Dixie Farm Road. A waiver of
encroachment Ordinance was passed upon receiving the request. The owner has now
requested for the easement be abandoned in order to clear the title to the property in
the event the owner of the property changes. The Public Works Department has
indicated there are no utilities located in the easement, and they do not object to the
request. The abandonment has been published in the City's Official Newspaper. A
Public Hearing is required before the City approves any easement or right-of-way
abandoned in the City.
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CITIZEN COMMENTS
None
COUNCIL/STAFF DISCUSSION
Councilmember Marcott stated funds have been received for previouS abandonments.
He asked if any funds have been collected from the owner for this abandonment.
City Attorney, Darrin Coker, stated the previous waivers' of encroachment had a
schedule of fees to determine the amount charged by the City. In this particular case,
this is an abandonment. The owner has paid a $100 fee, which is part of the
Ordinance. He stated the new fee is only for a waiver of encroachment.
Councilmember Marcott stated the $100 fee within the Ordinance does not cover the
cost to process the paper work for the abandonment.
City Attorney, Darrin Coker, stated in most cases this is true. However, due to previous
work regarding the waiver of encroachment, there was not much work added for the
abandonment. The documentation was readily available. He stated in order to increase
the $100 fee, the abandonment Ordinance could be updated.
Councilmember Marcott stated the fee should at least cover the City's costs in a normal
manner.
ADJOURNMENT
Meeting was adjourned at 7:10 p.m.
Minutes approved as submitted and/or corrected this the 26m?"-~d,3,y of
A.D., 2004.
Tom Reid
Mayor
January.,
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