§ 22-51. Petition; administrative fee; notice to owners; portions of streets, etc.

(a)

All persons desiring to have the city council exercise its powers under the provisions of the Revised Civil Statutes of the State of Texas and the city charter regarding the abandoning, altering, closing and vacating streets, alleys and other public ways and portions thereof, shall file their petition with the city secretary, in writing, directed to the city council. Such petition shall contain a description of the street, alley, or portion thereof, as the case may be, together with the last known addresses of all such owners. In the event that all abutting property owners do not join in the said petition, a statement shall be attached to said request showing the reason for nonparticipation of those who have not signed. The city secretary shall make the city tax roll available to any petitioner under this article for the purpose of determining the names and addresses of all abutting property owners and the tax roll shall be conclusive as to the names of the abutting property owners for the purposes of this article.

(b)

Upon the filing of such request with the city secretary, as provided in paragraph (a) above, an administration fee shall be deposited with the city secretary in the amount of one hundred dollars ($100.00) to cover the expense of administering the procedure outlined in this article and the cost of mailing notices and release forms to all abutting owners and for the recording of the certified copy of the ordinance should such action be taken by the city. Such fee is nonrefundable.

(c)

Upon the filing of such request and fee as provided in paragraphs (a) and (b), the city secretary shall mail notices of said request and release forms by certified mail, return receipt requested, to all abutting property owners.

(d)

In the event the petition requests that only a portion of a through street, alley, or public way, which is open to public access from either direction, is to be abandoned, altered, closed or vacated, then it shall be necessary for the petitioner to provide the city secretary with the names and last known mailing addresses of all abutting property owners, both for the portion to be closed and that portion which is to remain open in either direction up to the next intersection with another street, alley or public way. Notices and release forms will be mailed to all such abutting property owners for the closed and open portions of said street, alley, or public way as provided in paragraph (c) above.

(Ord. No. 80-21, §§ 1—4, 9-23-1980)