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HomeMy WebLinkAbout2015-O-11 - Closing Streets and Alleys for replating lotsORDINANCE NO. 2015-11 AN ORDINANCE ESTABLISHING A PROCEDURE FOR CLOSING OF STREETS AND ALLEYS AND PROVIDING FOR REPLATING OF LOTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That the Code of Ordinances of the City of Stephenville, Texas is hereby amended to add the following section: CLOSING STREETS AND ALLEYS Sec. 95.50-Reference to Transportation Code. Provisions for the closing of streets and alleys are granted by the Transportation Code §311.07. The procedures and regulations set out herein are consistent with the requirements of the Code and set out regulations to be followed in the closing of streets and alleys. Sec. 95.51. Public hearing generally. The city council, on its own initiative, may call a public hearing to determine whether or not any street or alley in the city, or any portion thereof, should be closed or abandoned as a �ll public thoroughfare. Sec. 95.52. Petition for hearing. The city council shall be required to call a public hearing on the closing of any street or alley, or any portion thereof, upon receipt by the city secretary of a petition, meeting the requirements set out herein, requesting such hearing, form any person or entity (hereinafter referred to as petitioner) owning property adjacent to such street or alley section to be closed. The petition must legally describe that portion of the street or ally to which the request for abandonment applies, specifically state that all people signing the petition fully support the requested closure and it must be signed by at least twenty-five (25) registered voters of the city. The name and address of each person signing the petition must be clearly and legibly printed next to the signature. Sec. 95.53. Nonrefundable fee to be paid in advance. Before any action is taken, the petitioner shall pay a fee, in an amount set by the city council, in advance to cover the expenses of processing the request. This sum of money shall not be refundable. Sec. 95.54-Recommendation of the planning and zoning commission. Before city council may take final action to adopt any ordinance to close a street or alley the planning and zoning commission shall review the request from the point of view of impact on future traffic circulation in the city and shall make a recommendation on such matters to the city council. The planning and zoning commission shall be required to conduct a public hearing. Closing Streets and Alleys —Page 1 Sec. 95.55. Public hearing. The public hearing by the city council shall be held not less than fifteen (15) days after the certification of the petition, and at the next regular meeting of the city council, for the primary purpose of discussing the proposed abandonment. Written notice of the public hearing shall be sent to all owners of real property, as indicated by the most recently approved municipal tax roll, within two hundred (200) feet of the street or alley to be closed no less than eleven (11) days before the public hearing. In addition, notice of the public hearing shall be published in one (1) issue of the official newspaper of the city. Sec. 95.56. Appraisal of real property required. Within ninety (90) days after the city council pubic hearing and planning and zoning commission recommendation, but before city council final action, the petitioner shall provide an appraisal by a certified appraiser of real property. The cost of the appraisal is to be paid in full by the petitioner. Upon written application by the petitioner stating the need therefore, this time period may be extended by the city administrator. Such extension shall be in writing. As an alternative to the above, the petitioner may elect, in writing, to utilize the average appraised values of the land immediately adjacent to the street or alley to be closed as shown on the most recent approved municipal tax roll. Such average value shall be calculated by city staff. If the requested closure is approved by city council, the actual selling price shall be determined solely by the city council, but in no case shall the selling price be less than the appraised value as determined under this section. Sec. 95.57. Action by city council. No street or alley shall be closed except by ordinance adopted and approved by no less than five (5) affirmative votes of the city council. Such ordinance shall include a description of the street or alley to be abandoned in relation to adjacent lots and blocks along with a map showing the location of the street or alley and adjacent lots. Sec. 95.58. Replat required. Unless otherwise approved by the council, when the abandonment of a street or alley results in lots that do not front upon an improved street, said lots shall be replatted so that all resulting lots have frontage upon an improved street. Said replat shall be presented to and approved by the planning and zoning commission and city council within nine (9) months of the date of the ordinance abandoning said street or alley or the ordinance abandoning the street or alley shall become null and void. Should said ordinance become null and void the purchase price paid for the abandoned street or alley shall be refunded to the petitioner. Sec. 95.59. Appeals. Any person deciding to appeal the decision of the city council to a court of competent jurisdiction shall do so within ten (10) days after enactment as set out in section 95.57 of the Closing Streets and Alleys —Page 2 ordinance closing the street or alley, or portion thereof, and if no appeal is taken within such ten-day period, then the ordinance shall never be questioned in any court of this state. PASSED AND APPROVED this the 7t" day of July, 2015. ATTEST: Cindy L. afford; City)I` yretary r- c. r_ Patrick C. Bridges, G dministrator Reviewed 1 1 Randy Thomas, City Attorney II li Approved as to form and legality I 1e fy K. eldon II, Mayor Closing Streets and Alleys —Page 3