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Home My WebLink AboutORD 2009-47 - Abandonment & SaleORDINANCE NO, kL'ql AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ADDING NEW CHAPTER 1210 TO THE CODE OF ORDINANCES RELATING TO ABANDONMENT AND SALE OF CITY LAND, STREETS, EASEMENTS AND RIGHTS OF {NAY; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABfLITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Georgetown desires to codify its procedures for the abandonment and sale of city land, streets, easements, and rights of way; and WHEREAS, establishing procedures will assist the City and the public in timely review and processing of these transactions as contemplated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETM%, TEXAS, that; SECTIONl The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct and are incorporated be reference hereon and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following 2030 Comprehensive Plan Goals, Policies and Actions Coal4.1 Eftient,ResponsiveGovernment 41.B the have avoatedand enforced innovative, cRetivEandfairregulatoryrcedes and developed standards to guide growth and improve development quality. We have streamlined the regulatory process, particularly for desired development types and locations. Further, the City Cowin hereby finds that the enactment of this Ordinance is not inconsistent with or on conflict whinny other 2030 Comprehensive Plan Goals, Policies and Strategies. Ordinance No. AH.uo.,aoncrAND SALE OF CTn LAND, STREETS, EASEMENTS AND R CHTS-0F-WAY Paget of SECTION 2 New Chapter 12.10 is hereby added to the City of Georgetown Code of Ordinances as follows: CHAPTER12,10 ABANDONMENT AND SALE OF CITY LAND, STREETS, EASEMENTS AND RIGHTS OF WAY Section 12.10.010, Sale of City land Generally. Subject to the provisions of Section 12.10.050, any land owned by the City, other than land described in Sections 1210.020,12.10.030,12.10.040, that the City Council finds and determines is not needed for Cllr purposes, may be sold by the City Council and such sales shall be subject to all applicable procedures in state law. Section 12.10,020, Abandonment and Safe of Streets and Alleys, A) The City Council may sell streets or alleys, whether owned in fee or used by easement, to the abutting owner or owners in proportion to the underlying fee ownership as exists, or would exist if by easement, under the terms and conditions of this Section. Apportionment will be based on the linear foot pro rata share of the existing abutting property lines to the centerline of the street or allev. e) Upon the submittal of a completed application on a form approved by the City, payment of the required application fee, and obtaining written consent of all abutting owners on both sides of the portion of the street or alley proposed to be abandoned and sold, the City Manager, or his designee, as defined in Section 12,10.060, shall review the application. In reviewing the application, the City Manager shall evaluate whether the street or alley is needed for current or future public purposes. (C) If the City Manager finds and determines that the street or alley or portion thereof is needed for corrector f erre public purposes, the application shallbedenied. (D) If the City Manager finds and determines that the street or alley is not needed for current or future public purposes, the City Manager shall prepare an ordinance authorizing abandonment and a quitclaim deed and the request shall be forwarded to City Council for final consideration (E) H the City Council approves the ordinance and quitclaim deed, and upon payment by the applicant of all closing costs and recording fees, the City will record the ordinance in the real property records of the County in which the property is located and deliver an executed quit claim deed affecting abandonment to the owner(s) of the fee simple title thereto, or to the abutting owner(s). Ordinance No,,_�_ AEANDON6IENTANDSALEOFCMLAND,STREETS,EASE,[E\1S.4NDI GM-OF-4V.kY Page 2016 Section 12,10,030. Abandonment and Sale of Public Utility Easements (A) Public Ufity Easements (not including easements for streets or alleys) may be sold to the abutting owner or owners in proportion to the underlying fee ownership under the terms and conditions of this Section. Upon the submittal of a completed application and payment of the required application fee, the City Manager shall evaluate whether the easement is heeded for current or future public purposes, A h the City Manager finds and determines that the easement is needed far current or future public purposes, the request shall be denied, C) If the City Manager determines that the easement is not needed for current or future public purposes, he shall prepare a resolution authorizing abandonment and a quitclaim deed and the request shall be forwarded to City Council for final consideration. A If the City Council approves the resolution, and after payment by the applicant of all closing costs and recording fees, the City Manager will deliver an executed quitclaim deed effecting abandonment to the owners of the fee simple title thereto, Section 12,10,040. Abandonment and Sale of Narrow Strips of Land, The City Council may sell fee -owned narrow strips of land, or land so shaped as to be incapable of being used independently, to the abutting owner or owners, under the terms and conditions of tlis Section and in proportion to the abutting ownership, (A) Apportionment will generally be based on: (1) The projection of existing abutting property lines over such narrow strip; or 2) Street frontage, if any; or 3) Access to the property; said apportionment to be determined by Cihv Council which determ nat on will be final, (B) Upon the submittal of a completed application on a form approved by the City, payment of the required application fee, the City Manager shall review the application, In reviewing the application, the City Manager shall evaluate whether the narrow strip of land is needed for current or future public purposes. If the City Manager finds and OrdinanceNo,� ABANIOMENTAND SALE OF CITY LAND, STREETS, EAWNTSAND R M—OF-WAY Page 3of6 determines fit the narrow strip of land is needed for current or future public purposes, the application shall be denied. (C) If the City Manager finds and determines that the narrow strip of land is not needed for current or future public purposes, the City Manager shall prepare a resolution and quitclaim deed authorizing sale of the narrow strip of land and the application shall be forwarded to City Council for final consideration. (D) If the City Council approves the resolution and quitclaim deed, and upon payment by the applicant of all closing and recording fees, the City will deliver an executed quitclaim deed affecting the sale to the owners of the simple title thereto, or to the abutting owners. Section 12.1050. Conditions to All Sales, (A) Applications under this Chapter shall be made on forms approved by the City and accompanied by a non-refundable fee of ThreeHundred Dollars ($300,00 (B) Nath ng in this Chapter shall be construed to require the City Council to accept any bid or offer, or be required to consummate any sale of any land or property interest or to give any person a vested right to compel the City either to abandon, vacate or dispose of any land or any easement or right therein, or to compel or require that the same be upon any particular or exact terms or consideration. (C) Anp applicant under Sections 1110,0201 11.10,030 or 12,10.040 shall be required to make a cash deposit with the City equai to tyre City's estimate of its cost to obtain appraisals of the land or property interest In question, or any reappraisal thereof requested by or on behalf of the applicant, as reflected by the estimates of the cost to perform such work submitted by the appraisers selected by the City. All such appraisals or re -appraisals shall be obtained in the name of, and solely for the use and benefit of, the City. The sums deposited hereunder shall be applied to the purchase Price of the land or property interest under Sections 1210.0201 12.10.030 or 1210.040 if the abandonment and sale is completed. The came amount so deposited shall be forfeited by the applicant to the Citv the event the abandonment and sale is not approved or completed. (D) If the City Council approves a sale of property, theapplicant must pay for all associated closing and recording costs. Ordinance No. q, I AB,WNMzimDsAlEop CDLO,S3EEIS,6ASBgNr5ANp IbGM_op_WAY Page 4of6 (E) The City Council shalt not sell any interest in real property in which the most recent appraised value, as determined by the Wipiamson Central Appraisal District, in excess of Ten Thousand Dollars (S10,000,00), unless the property has been appraised by at least one independent qualified professional appraiser selected by the City. Section 12.10.060. Authorized City Representatives The City Council hereby delegates to the CityManager, and to any authorized deputy, assistant director, manager, or City staff person that the City Manager may designate, the authority to perform the functions contemplated in this Chapter. Section 12.10,070, Preliminary Evaluation, An applicant under Sections 12,10,020, 1210.030, or 12.10.040 may submit an informal request in writing to the City of Georgetown identhying the property requested to be abandoned or sold. The purpose of the informal request is to provide the applicant with the option to not submit a formal application, nor pan the accompanying fees, ff after preliminary evaluation, the Authorized Gity Representatives) do not support the proposed abandonment or sale of the property. The process for making an informal request and)or formal application will be set out in'7nshuct ons for Applications for the Abandonment of a Public Street, Alley, andlor public Right -of -Way, or a portion thereof, in the City of Georgetown which instmnons will be provided to the applicant with the application form. Section 12.10.080. Exceptions. (A) This Chapter shall not apply to transactions involving the Georgetown Municipal Airport, or to land proposed for conveyance or disposition m connection with any economic development project, parkland or cemetery land. If this Chapter is found to be in conflict with state law, state law shall prevail. SECTIONS All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer in effect SECTION 4 If any provisions of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the Other provisions, or applications thereof, of this Ordinance which can be given OrdinanreNo. OD9p 1 ARMN01AND SALFOFCm LAND, St%EEIS, EASe6reNISAND IGHMsF VAY Page 5of6 effect without the invalid provision or application and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. as Ordinance shall become effective and be in full force and effecting accordance with the terms of the City Charter. PASSED AND APPROVED on First Reading on the �Pddayof August, 2009, PASSED AND APPROVED on Second Reading on be D day of September, 2009. ATTEST: e�am APPR ED AS TO •FO/RM: Patricia E. Carls, City Attorney THE CITY OF GEORGETOWN: ee George G. Garver, Mayor OrdinanceNo0%0j-qI AB mITNfAA'nSA[EorCITYLAW, SYREE15, EASEMENTS kNDIeGHMT-WAY PagebA