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!ô.,~T ~@ 152 ~ ~ -- t;:¡~ ~~-~I ;.~ ~~ ì-' ~ <:...-J "õ ~'~ i5 ¡::: ~ '!:f -- !iI. ~~ - ORDINANCE 1995- 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 25, STREETS, SIDEWALKS, RIGHT-OF-WAY CONSTRUCTION AND OFF-STREET PARKING, OF THE SAN MARCOS CODE OF ORDINANCES TO ADD AN ARTICLE VII,' ABANDONMENT OF CITY STREETS AND ALLEYS; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City Council wishes to update and clarify the City's procedures for abandonment of streets and alleys, which were previously established in Resolution 1987- 16R. 2. The City Council wishes to encourage the abandonment of unused alleys, and waives the necessity for appraisals and payment of fair market value in connection with alley abandonments in which the abutting property owners own the underlying fee simple interest in the property. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS. TEXAS: SECTION 1. That Chapter 25, Streets, Sidewalks, Right-of-Way Construction and Off-Street Parking, of the San Marcos Code of Ordinances is amended to add an Article VII, Abandonment of City Streets and Alleys, to read as follows: ARTICLE VII. ABANDONMENT Of STREETS AND ALLEYS Sec. 25-90. Definitions. In this Article: Alley means a public right-of~way usually 20 feet or less in width used for vehicular service access to the back or side of properties otherwise abutting on a street. Street means a public right-of-way usually more than 20 feet in width that provides primary vehicular access to adjacent land. Segment means the entire width of a street or alley situated between adjacent intersecting streets, or between an intersecting street and a terminus. Department means the Planning and Development Services Department. Sec. 25-91. Standards for street and alley abandonments. (a) Streets and alleys will be abandoned only in whole segments. (b) A street or alley abandonment will not be approved if it causes substantial interference with access to any tract or parcel of property. (c) A street or alley containing public utility facilities will be abandoned only if the facilities are relocated out of the street or alley, or if a public utility easement is recorded covering the area occupied by the facilities. Unless otherwise agreed by the owners of the utilities, the cost of relocating the facilities or preparing survey descriptions for easements will be borne by the owners of the property abutting the segment to be abandoned.