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Ord 1995-004
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Ord 1995-004
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Last modified
8/1/2007 4:56:01 PM
Creation date
6/18/2007 2:57:44 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
1995-4
Date
1/23/1995
Volume Book
117
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<br /> /7).lr <br /> -2- <br /> (d) A street or alley abandonment will be approved only if the street or alley <br /> is not needed for future road or utility improvements. <br /> Sec. 25-92. Application for abandonment. <br /> (a) Street and alley abandonments will be initiated by the submission of an <br /> application for abandonment on a form provided by the Department. <br /> (b) An application must be submitted either by a person or persons owning <br /> property abutting the segment to be abandoned, or by the city staff. <br /> (c) An application must be accompanied by the following, unless it is <br /> submitted by the city staff: <br /> (1 ) An administrative fee set by separate ordinance; and <br /> (2) Documents indicating the consent to the abandonment by the <br /> owners of all property abutting the segment to be abandoned. The <br /> documents may consist of petition forms provided by the <br /> Department, or any other instruments executed by the owners. <br /> . <br /> (d) An application for abandonment of a street must also be accompanied <br /> by an appraisal of the fair market value of the segment to be abandoned, or by <br /> payment of the cost of such an appraisal to be obtained by the city. Appraisals <br /> must be by persons certified by the Texas Appraiser Licensing and Certification <br /> Board. <br /> (e) In the event of discrepancies in the title to or boundaries of the segment <br /> to be abandoned, the city attorney may require the applicant to provide a title <br /> opinion or boundary survey for the ar~a. <br /> (f) An application for abandonment is considered complete, and will be <br /> reviewed by the Department staff and forwarded for planning and zoning <br /> commission review, when all information and payments called for in this section <br /> have been provided to the Department. <br /> Sec. 25-93. Review by planning and zoninq commission. <br /> (a) The planning and zoning commission will conduct a public hearing on <br /> each completed application, and will review each application for compliance with <br /> the standards in Section 25-91 above. <br /> (b) Notice of consideration of an application will be mailed by the <br /> Department at least 10 days before the planning and zoning commission <br /> meeting to the owners of all property abutting the segment of the street or alley <br /> to be abandoned, as shown on the most recently approved municipal tax roll. <br /> (c) The planning and zoning commission will make a recommendation to the <br /> city council for approval or denial of each abandonment application. <br /> Sec. 25-94. Review bv city council. <br /> (a) The city council will review the recommendation of the planning and <br /> zoning commission on each application for abandonment, and will vote on the <br /> adoption of an ordinance approving the abandonment. <br /> (b) If an abandonment ordinance is approved, the city manager will execute <br /> a quitclaim deed to each owner of property abutting the segment of the street or <br /> alley to be abandoned. A conveyance may be by special warranty deed if fair <br /> market value is paid for the property, if the purchaser pays the premium for title <br />
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