Ord 1999-046 - Laserfiche WebLink

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~ r ..., (S'"": c~~ t..:> - .2 _ ~y in Uo ('\j ~~ \. 'II cs- ~ -- - i::J" .....-I >~ O:::y ;5Cii UJ:;E O:::c; Ed,,~ W' 58. ORDINANCE 1999-.4.6- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTIONS 74.088 AND 74.090 OF THE CITY CODE TO PROVIDE FOR APPROVAL OF STREET ABANDONMENTS BY THE CITY COUNCIL BEFORE APPRAISALS ARE OBTAINED OF THE VALUE OF STREETS TO BE ABANDONED; AND INCLUDING PROCEDURAL PROVISIONS. RECITALS: 1. The City Council has requested that the procedure for street abandonments in Chapter 74 of the City Code be amended to provide for City Council approval of street abandonments prior to the obtaining of appraisals of the value of the streets to be abandoned. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Sections 74.088 and 74.090 of the City Code are amended, and Section 74.091 of the City Code is added, as follows (underlining indicates added language and 0 v eI stlike indicates deleted language) : Sec. 74.088. Application. (a) Street and alley abandonments will be initiated by the submission of an application for abandonment on a form provided by the department. (b) An application must be submitted either by a person owning property abutting the segment to be abandoned or by the city staff. ( c) An application must be accompanied by the following, unless it is submitted by the city staff: (1) An administrative fee established by the city council; and (2) Documents indicating the consent to the abandonment by the owners of all property abutting the segment to be abandoned. The documents may consist of petition forms provided by the department or any other instruments executed by the owners. (d) An application fOl abandonment ofa stIeetmust also be accompanied by an applaisal of the faill11Mkct vaine of the segment to be abandoned 01 by payment of the, cost of an appIaisal to be obtained by the eity. Applaisals must be by pel sons certified by the Texas AppIaise! Licensing and Certific.atiol1 DOMd. te1 If there are discrepancies in the title to or boundaries ofthe segment to be abandoned, the city attorney may require the applicant to provide a title opinion or boundary survey for the area. ~ ffl An application for abandonment is considered complete and will be reviewed by the department staff and forwarded for planning and zoning commission review when all information and payments called for in this section have been provided to the department. Sec. 74.090. Review by city council. ( a) The city council will review the recommendation of the planning and zoning commission on each application for abandonment of a street or alley and t'Vill vote on the adoption of au oIdinance appIo'\iing the abandonment. Approval of all abandonments will be by ordinance. For each street abandonment. the council will provide direction to the staff on whether the abandonment is acceptable subiect to the obtaining of an appraisal. After the appraisal is obtained. the council will vote on the adoption of an ordinance approving the abandonment and the conveyance of the street for the a01?raised value. The council mav disapprove an abandonment if it determines the appraised value to be insufficient.