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HomeMy WebLinkAboutO-2022-3894 - amend Ch. 62, closing streets and alleysORDINANCE NO.2022-3894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 62, "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES", ARTICLE II "VACATING, ABANDONING AND CLOSING STREETS AND ALLEYS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY REVISING RIGHT-OF-WAY CLOSURE APPLICATION STANDARDS TO REQUIRE RELOCATION OF CITY UTILITIES AND ADDING PLANNING AND ZONING COMMISSION REVIEW; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-31 "Application -Generally", is hereby amended and shall hereinafter read as follows: "Sec. 62-31. - Application —Generally. Any adjacent property owner seeking the consent of the city council to vacate, abandon and close any street or alley, or portion of a street or alley, within the city limits, shall file a written application with the city secretary requesting that such street or alley, or portion of a street or alley, be vacated, abandoned and closed. Such street or alley, or portion of a street or alley, sought to be closed, shall be defined in the application. All persons owning any property adjacent to such street or alley, or portion of a street or alley, shall join in such application. In addition, such application shall include the following: (1) A statement by the applicant of the reason for the request. (2) A plot plan, showing the street or alley sought to be vacated, abandoned and closed, or portion of a street or alley, by a licensed state public surveyor, drawn to a scale of not less than one -inch equals 50 feet, shall be attached to such application. The director of planning, or his designee, may waive this requirement where, in his sole determination, a recorded plat contains sufficient evidence to determine legal description and area of property sought to be vacated, abandoned and closed. (3) An opinion letter by a duly licensed state attorney that the applicant has good fee simple title to the property adjacent and contiguous to the street or alley, or portion of a street or alley, sought to be closed, shall be attached to such application. In addition, there shall be attached to such opinion letter, either original or photocopies of the recorded instrument vesting fee simple title in the applicant, and an original or photocopy of the owner's title policy issued by a reputable title insurance company doing business in the county, guaranteeing the title to the applicant's adjacent property. (4) A cashier's check payable to the city in payment of the application fee established by this article. (5) A statement waiving any personal claims for damages against the city and further agreeing to save and hold harmless the city from any other claims that may arise against the city in vacating, abandoning and closing any street or alley or portion of a street or alley, under this article. (6) A statement by the applicant that the applicant agrees to pay for all expenses associated with the removal and/or relocation of city utilities and/or drainage infrastructure in the street or alley to be closed. (7) A statement by the applicant that the application shall be considered withdrawn if all required actions under this article have not been completed within six months from date of written notification by city to applicant, that the application is administratively complete." Section 2: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-33 "Recommendations of city attorney and director of public works department", is hereby amended by and shall hereinafter read as follows: "Sec. 62-33. - Recommendations of city attorney, city engineer, and director of public works department required. Upon the filing of an administratively complete application with supporting documents, as provided for in this article, the director of planning and development shall forthwith refer such application to the city attorney, city engineer, and the director of the public works department, each of whom shall examine such application and forthwith deliver his or her written recommendations concerning the legal, engineering, and operational aspects, respectively, of such application to the Planning and Zoning Commission and to the City Council. The city engineer in making such recommendations, shall give due consideration to the present use or nonuse of the street or alley, or portion of the street or alley, sought to be closed; traffic patterns in the area; proximity of other alleys or streets, and major and minor thoroughfares in the area; and the effect of the proposed closing of such street or alley, or portion of the street or alley, on access by fire and other emergency vehicles, and other city service vehicles, to adjacent property and property in the surrounding area. In addition, the city engineer and director of the public works department shall give due consideration to the location of city utilities and drainage infrastructure, if any, in such street or alley, or portion of such street or alley, together with any plans by the city for future extension/rehabilitation of utilities and drainage infrastructure within such street or alley, or portion of such street or alley." Section 3: That Chapter 62 of the La Porte Code of Ordinances, "Streets, Sidewalks, and Other Public Places", Section 62-35 "Final determination by city council; appraisal; conveyance; exemptions", is hereby amended and shall hereinafter read as follows: "Sec. 62-35. — Review and recommendation by Planning and Zoning Commission; Final determination by city council; appraisal; conveyance; exemptions. 2 (a) Upon compliance with all provisions of this article, the application, together with the written recommendations of the city attorney, city engineer, and director of the public works department, shall be submitted to the Planning and Zoning Commission for review, which shall, after holding a public hearing, make a recommendation on the application for consideration by the City Council. (b) Upon receipt of the recommendation of the Planning and Zoning Commission, the city council shall make a final determination as to whether or not an application filed under this article shall be granted or denied. (c) The city council may waive bid procedures and publication requirements in the sale or the disposal of real property interests belonging to the city in the following circumstances: (1) Narrow strips of land, or land so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development control ordinances, in which event such land may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (2) Streets or alleys, whether owned in fee or used by easement, in which event such land or interest may be sold to the abutting owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (3) All types of easements where the abutting property owners also own the underlying fee simple title, in which event such land or interest may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner, (4) Any land or interest therein which was originally acquired for the purpose of streets, rights -of -way or easements, which the city chooses to trade or exchange as consideration for other land acquired for streets, rights -of -way or easements, including transactions which may be partly for cash and partly by trade or exchange; (5) Land owned by the city which it desires to have developed by contract with an independent foundation; or (6) Any interest in land that is conveyed by the city to a governmental entity having the power of eminent domain. (d) Any conveyance, sale or trade made under the provisions of this article shall never be for less than the fair market value of the land or interest being conveyed, or sold or traded, as determined by an appraisal obtained by the city, which shall be conclusive of the fair market value of such land or interest. In conducting such appraisal, the appraiser shall appraise the tract of land sought to be closed or conveyed as if it were an integral part of the adjoining or abutting tracts of land, and as if the city owned such tract of land in fee. In all cases fair market value shall be considered the 100% fee simple value as determined by such independent appraisal, whether the city owns the land in fee simple or has an interest in the tract of lank, including a street, alley or easement. (e) Governmental entities shall be exempted from the payment of fair market value to the city. (f) The fair market value received in the vacating, abandoning and closing of the street, alley or easement, unless otherwise directed by the city council, shall be deposited by the city into the general capital improvement fund to be used forigeneral capital improvements throughout the city." 3 Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Texas Local Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the `6 � day of , 2022. CITY OF LA PORTE, TEXAS By:— 0AU".6k &5-J-1 � - &. y, Mayor ATTEST: j`ee WoodwarZf; City Secre$' ar�r i APPROVED AS TO FOR?L�: 4 Clark T. Askins, Assistant City Attorney 5