Ord. 0559 11-28-88ORDINANCE NO. 559
AN ORDINANCE ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING,
CLOSING AND VACATING STREETS, ALLEYS AND OTHER PUBLIC WAYS AND
PORTIONS THEREOF; EXCHANGE OF EASEMENT; FIXING ADMINISTRATIVE
CHARGES TO BE PAID BY PETITIONERS; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council of the City of Pearland, Texas, has the
power to establish, construct, alter, close, vacate and abandon public
streets, alleys and public grounds and highways of the City pursuant
to Article 1175 of the Revised Civil Statutes of the State of Texas;
and
WHEREAS, the City Council of the City of Pearland, Texas, deems it
reasonable and proper that those persons desiring to proceed in the
matter of the exercise of said powers by the City should file a
petition requesting such action; and
WHEREAS, the City Council of the City of Pearland, Texas, deems it
reasonable and proper that notice of any proposed action in the matter
of the exercise of the said powers be given, by mail, to the last
known address of certain owners abutting such street, alley or other
public way as reflected by the tax rolls of the City of Pearland,
Texas; and that a release be obtained from each of the aforesaid
owners; and
WHEREAS, the City Council of the City of Pearland, Texas, deems it
reasonable and proper to hold a public hearing prior to the exercise
of said powers by the City; and
WHEREAS, the City Council of the City of Pearland, Texas, deems it
reasonable and proper that those persons desiring to proceed in the
matter of the exercise of said powers regarding streets, alleys and
other public ways, should pay the expense of administration of this
Ordinance and the notices hereunder:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
SECTION 1. That all persons desiring to have the City Council
exercise its powers under Article 1175 of the Revised Civil Statutes
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of the State of Texas regarding and abandoning, altering, closing and
vacating streets, alleys and other public ways and portions thereof,
shall file their Petition with the City Secretary, in writing,
directed to the City Council. Such Petition shall contain a plot plan
showing the street, alley or portion thereof, as the case may be, by a
licensed Texas Public Surveyor and attached to said request shall be a
list of all owners abutting said street, alley or portion thereof, as
the case may be, together with the last known address of all such
owners. The Petition shall also contain an opinion letter by a duly
licensed attorney that the applicant is an adjacent land owner along
with a copy or original of a Title Commitment issued by a reputable
title insurance company doing business in Brazoria County, Texas or
Harris County, Texas, as the case may be. In the event that all
abutting property owners do not join in said Petition, a statement
shall be attached to said request showing the reason for non -
participation of those who have not signed. The City Secretary shall
make the City Tax Rolls available to any petitioner under this
Ordinance for the purpose of determining the names and addresses of
all abutting property owners and the tax rolls shall be conclusive as
to the names of the abutting property owners for the purposes of this
Ordinance.
SECTION 2. Upon the filing of such request with the City Secretary
as provided in Section 1, an administration fee shall be deposited
with the City Secretary in the amount of .00 to cover the expense
of administering the procedure outlined in this Ordinance, and the
cost of mailing notices and release forms to all abutting property
owners. Such fee is non-refundable.
SECTION 3. Upon the filing of such request and fee as provided in
Sections 1 and 2, the City Secretary shall mail notices of said
request and release forms by certified mail, return receipt requested,
to all abutting property owners.
SECTION 4. In the event the petition requests that only a portion
of a through street, alley or public way which is open to public
access from either direction is to be abandoned, altered, closed or
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vacated, then it shall be necessary for the petitioner 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 which is 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 such abutting property owners
for the closed and open portions of said street, alley or public way
as provided in Section 3, above.
SECTION 5. The proposed action by the City Council shall be placed
on the agenda for the next public meeting of the City Council after
the filing of the Petition or such public meeting as the City Council
may set, provided that at least ten (10) days have elapsed from the
date said request is filed until the date of said meeting in order to
allow sufficient time for the mailing of notices and release forms to
the abutting property owners and, provided further, that the notice
provisions of Article 6252-17, Revised Civil Statutes of the State of
Texas are complied with. The City Council shall not act on such
petitions until such time as the City Secretary has received an
executed release form from each of the abutting property owners listed
in the petition. Such petition, if not acted upon 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 of the City of
Pearland, Texas, may in its sole discretion determine.
SECTION 6. 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 and abandoned at the same meeting. Anyone
requesting such exchange of easement shall comply with all sections of
this Ordinance as if there is a request for the abandonment of an
easement.
SECTION 7. Upon the filing of such application, the City Secretary
of the City of Pearland, Texas, shall make written inquiry of each of
the public utilities then holding franchises from the City of
Pearland, notifying them of such application, and request that each of
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said franchise utilities filed with the City Secretary's office within
ten (10) days from said date a written statement on their position on
the application to close such street, alley, or portion thereof or
abandonment of an easement and specifically stating whether they
object to or consent to the closing of said street or alley or portion
thereof or abandonment of an easement by the City Council of the City
of Pearland, Texas.
SECTION 8. This Ordinance shall be effective from and after
November 28 , 19 88 .
SECTION 9. If for any reason any section, paragraph, subdivision,
word, phrase, clause or provision of this Ordinance shall be held
invalid or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph, subdi-
vision, word, phrase, clause or provision of this Ordinance for it is
the definite intent of this City Council that every section,
paragraph, subdivision, word, phrase, clause or provision of this
Ordinance be given full force and effect for its purpose.
PASSED and ADOPTED on first reading this
, A. D., 1988.
ATTEST:
City S retard ynAt
Mayor
_Eta
day of
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PASSED and ADOPTED on second and final reading this day
of , A. D., 1988.
ATTEST:
City Se,$retary
APPROVED:
City Attorney
Mayor
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