m - City of New Braunfels

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EXCERPT FROM SUBDIVISION ORDINANCE
Sec. 118-56. Closure, abandonment, and sale of public right-of-way.
a. Procedures. All persons desiring to have the City Council exercise its powers under Article X,
Section 10.05, Home Rule Charter, regarding the abandonment or closing of public streets,
alleys, or other public ways, shall fife their request in writing with the Planning Director, in writing,
directed to the Planning Commi~sion . Such request shall contain a legal description, including
metes and bounds, of the street, alley or public way as well as a plan or survey showing the
street, alley or public way and the surrounding property within 400 feet therefrom. If the
property(s) abutting the street, alley or public way is under separate ownership, the applicant shall
provide with such request, together with the last known address of all such owners joining in the
request and a copy of the deed of said property. Unless all owners of abutting property(s) join in
the request, a statement shall be attached giving reason for nonparticipation by those who have
not signed the request. The Planning Commission shall forwards its recommendations to the City
Council.
b. Fee. Each request shall be accompanied by the payment of a nonrefundable application fee in
the amount of $150.00 to cover the expense of administrative processing, notification, and legal
publication incurred by the City.
c. Sale or exchange. The City may sell or exchange the public street, alley, or other public way to be
abandoned either to:
1. abutting property owners in the same subdivision, if the land had been subdivided; or
)
2. abutting property owners in proportion to their abutting ownership, provided that the
apportionment among such abutting owners of the land to be sold or exchanged shall be
made in an equitable manner.
However, nothing in this section obligates the City to complete a proposed sale or exchange.
d. Appraisal. The sale or exchange price of the public street, alley, or other public way to be
abandoned shall be the fair market value of the land, which price shall be conclusively determined
by an appraisal obtained by the City. The applicant shall reimburse the City for the cost of the
appraisal prior to consideration by the Planning Commission. To affect the sale or exchange, the
City Council shall adopt an ordinance authorizing the Mayor or City Manager to execute the
conveyance.
e. Land Exchange. Any land acquired by the City in exchange for any portion of the public street,
alley or other public way to be abandoned shall also be appraised at fair market value and shall
be devoted to use for streets, rights-of-way or other similar public purposes after the exchange is
completed. An exchange within the meaning of this Section may be accomplished by
simultaneous dedication of other street, alley or public right-of-way designed to provide traffic
circulation meeting the requirements of the City's Thoroughfare Master Plan or other street plan
acceptable to the City. The City may also accept in exchange other land or easements, such as
park land and drainage easements.
f. Fund established. All payments received by the City pursuant to this section, other than
administrative fees and expenses, shall be paid into a fund which is hereby established as the
"street trust account" to be used for land acquisitions and improvements related to street projects
in the City.
g. Updating plat records. Upon the abandonment, closure or alteration of any public street, under
the terms of this Section, the applicant shall be required to plat or replat the affected properties so
that the plat records shall accurately reflect the revised subdivision of the property.
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