HomeMy WebLinkAboutResolution No. 98-02 RESOLUTION NO. R98-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, ESTABLISHING A POLICY FOR THE VACATION OF RIGHTS-OF-
WAY WITHIN THE CITY OF FRIENDSWOOD.
WI�REAS,Texas Transportation Code Section 311.001 grants to home rule municipalities
certain rights and privileges over municipal streets; and
WHEREAS,Texas Transportation Code Section 311.007 specifically states that a home rule
municipality may vacate, abandon, or close a street or alley; and
WHEREAS,municipal streets have a value to the public,and the City of Friendswood holds
such streets in trust for the public,and under Texas Loca1 Government Code Chapter 272,the public
has the right to be compensated for the vacation, abandonment, or closure of a street or alley and
their right to utilize such property; and
WHEREAS,a person seeking to purchase such area of a municipal street or alley will obtain
a benefit and value by the right to more fully utilize such property to the exclusion of the public, and
they should therefore compensate the public; and
WHEREAS,the City of Friendswood finds that it is in the best interest of the public to adopt
a policy for the vacation, abandonment or closure of streets and alleys to assure full hearing and
payment of adequate compensation to the public;
NOW THEREFORE,be it resolved by the City Council of the City of Friendswood:
Section 1. The City Council will provide for the vacation, abandonment or relocation
of an existing road/street right-of-way, or any drainage, utility or other public easement, upon
satisfaction of the following conditions:
(a) a property owner whose property abuts a public easement or right-of way, and is
located within the Corporate Limits,makes application to the City requesting the vacation, in whole
or in part, of the abutting public easement or right-of-way;
(b) a completed application form is submitted to the Community Development
Department, identifying the entire limits or extent of the right-of-way/easement and the limits of
the section to be abandoned, if different;
(c) such request and application shall be accompanied by an exhibit and a metes &
bounds description of the vacated right-of-way which has been prepared by a Registered Professional
Land Surveyor;
(d) written confirmation from all owners of real property abutting the easement, utility
companies, drainage districts and/or other interested agencies stating they have been notified of the
requested right-of-way vacation and a letter of"No Objection" from each of the concerned entities.
Section 2. Upon receipt of all information,the City shall schedule a joint public hearing
with the City Council and the Planning and Zoning Commission. The City shall provide written
notice of such joint public hearing to each owner of real property, as indicated by the most recently
approved City tax roll, whose property abuts or lies within 200 feet of the existing right-of-
way/easement(in its entirety). At the public hearing,any person desiring to be heard regarding such
a matter will be given an opportunity to do so. The following items are required by the City of
Friendswood to hold a joint public hearing:
(a) Application
(b) Metes and Bounds Description
(c) Title Report
(d) Fees
(e) Utility Letters.
Notice of said hearing sha11 be given by publication one time in a paper of general circulation
in the City stating the time and place of hearing which shall not be less than fifteen days nor more
than thirty days from the date of the public publication.
Section 3. After compliance with the above items,the joint public hearing shall be held.
Within thirty days of the hearing, the Planning and Zoning Commission shall make a
recommendation to City Council. The City Council, shall decide whether to grant or deny the
request. If a vacation request is granted, an ordinance and quit-claim deed will be prepared
(Ordinances must be heard in accordance with the City Charter).
Section 4. When required by state law, an appraisal shall be made for an application for
vacation of a public right-of-way. The applicant shall pay for all appraisal fees incurred. The
appraisal shall be requested to determine the market value of the City's interest in the public right-of-
way. No appraisal shall be required for an application for vacation of a public easement. The market
value of the City's interest in a public easement is deemed to be zero.
Section 5. An application fee of three-hundred dollars($300.00)sha11 be required of each
applicant seeking a vacation of any right-of-way. This fee may be changed from time to time by city
council action.
PASSED,APPROVED,AND RESOLVED this 19 th day of ,7anuary , 1998.
,
.
Harold L. Whitaker
Mayor
AT ST:
�
Deloris McKenzi , T C
City Secretary
MEMO
To: City Manager
From: Community Development Director ��s`��G`9�����
Subject: Vacation of Public Rights-of-Way Policy .
Date: December 23, 1997
Attached please find the final draft of the aforementioned policy which provides for the vacation
of public rights-of-way by the City of Friendswood. This is an attempt to establish a standard
procedure and is similaz to that used by the City for the Specific Use Permit process. The
comments received from the City Secretary, the City Attorney and your office have been
incorporated into the current draft of the policy.
The fee set for this process is $300 and is based upon the actual costs incurred by the City to
vacate the right-of-way. As we discussed, I am forwazding this information to you so that it can
be presented at the next Council Workshop in January.
�cc: City Secretary
VACATION OF RIGHTS-OF-WAY POLICY
CITY OF FRIENDSWOOD
Policy Statement
The purpose of this policy is to provide a means for the City of Friendswood to vacate, abandon
or relocate an existing road/street right-of-way, or any drainage, utility or other public easement.
A property owner whose property abuts a public easement or right-of-way, and is located within
the Corporate Limits, may apply to the City for a vacation, in whole or in part, of the abutting
public easement or right-of-way. The intent of this process is to insure that all interested parties
have been properly contacted and have the opportunity to provide input or comments
concerning the easement or right-of-way.
Application Process
An applicant seeking to have the City vacate or abandon any right-of-way or easement shall
submit a completed application form to the Community Development Department. The applicant
shall identify the entire limits or extent of the right-of-way/easement and the limits of the section
to be abandoned, if different. This information shall be provided in the form of an exhibit and a
metes & bounds description to be prepared by a Registered Professional Land Surveyor.
It will be the responsibility of the requester to notify all owners of real property abutting the
easement, utility companies, drainage districts and/or other interested agencies of the requested
right-of-way vacation and to provide the City with written comments or a letter of"No Objection"
from the concerned entities.
Public Hearing Process
Upon receipt of all information, the City will schedule a joint public hearing with the City Council
and the Planning 8�Zoning Commission. The City shall provide written notice of such joint public
hearing to all residents within 200-feet of the existing right-of-way/easement (in its entirety). At
the public hearing, any person desiring to be heard regarding such matter will be given an
opportunity to do so.
The following items are required by the City of Friendswood to hold a joint pubic hearing.
1. Application
2. Metes and Bounds Description
3. Title Report
4. Fees
5. Utility letters.
Notice in writing will be sent to each owner of real property, as indicated by the most recently
approved city tax roll, whose property abuts or lies within 200' of the existing right-of-
way/easement. Notice of said hearing shall be given by publication one time in a paper of
general circulation in the City stating the time and place of hearing which shall not be less than
fifteen days nor more than thirty days from the date of the public publication.
After compliance with the above items, a joint public hearing will be held. The Planning and
Zoning Commission will make a recommendation to City Council within thirty days of the hearing.
If the Commission forwards a positive recommendation, the City Council will consider whether
to grant or deny. If a vacation request is granted, a resolution and quit-claim deed will be
prepared (Resolutions must be heard in accordance with the City Charter).
When required by state law, an appraisal shall be made for an application for vacation of a
public right-of-way. The applicant shall pay for all appraisal fees incurred. The appraisal shall
be requested to determine the market value f the City's interest in the public right-of-way. No
appraisal shall be required for an application for vacation of a public easement. The market
value of the City's interest in a public easement is deemed to be zero.
c:�..�porcy.Wpd
12/23/97