§ 22-52. Form of release; recommendation of planning and zoning commission; action by city council.

(a)

The form of release to be executed by abutting property owners where the city wants to abandon a street or portion thereof, shall be as follows:

"THE STATE OF TEXAS	)
COUNTY OF MAVERICK	)

 

WHEREAS, the City of Eagle Pass, Texas, is considering the matter of closing and abandoning as a public street that portion of ___________ Street lying between the ___________ boundary line of ___________ Street and the ___________ boundary line of ___________ Street, and has given due notice to the property owners whose property abuts on said area of ___________ Street, as well as those property owners abutting ___________ Street between the portion being considered for abandonment and the next intersection of said portion being abandoned; and,

WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said ___________ Street being considered for abandonment and to the advantage of the public generally to abandon said portion of ___________ Street:

NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general public, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandonment and closing of said portion of said ___________ Street above mentioned.

It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof.

IN WITNESS WHEREOF, we have hereunto set our hands this the _____ day of ________, 19___.

	_____ _____
Witnesses:
_____ _____ ."

 

(b)

The city secretary shall mail a copy of a release to be executed to each abutting property owner, by certified mail, return receipt requested. After all return receipts have been received back by the city and commencing with the date of the last receipt received, the city secretary shall deliver a complete file to the city planning and zoning commission for further action hereon, and the city planning and zoning commission shall act upon said petition within thirty (30) days from the date of the receipt of said file to make its recommendations to the city council. In the event the city planning and zoning commission makes no recommendations to the city council within the time provided for in this section, such application shall be, as a matter of law, deemed approved by the city zoning and planning commission and such matter shall be placed on the agenda of the city council for appropriate action at the next regular meeting or at any special meeting of the city council for its consideration of the petition. Upon bringing the matter up for consideration, the city council shall review the file, heed the recommendations of the planning and zoning commission, if any, and shall approve or disapprove the action of the planning and zoning commission and pass an ordinance either overruling the petition or granting same. Provided that, in cases of disapproval, the city planning and zoning commission shall communicate its reasons to the council, who shall have the power by a two-thirds ( 2/3 ) vote to overrule such disapproval and upon such overrule, the council shall have the power to proceed.

(Ord. No. 80-21, § 5, 9-23-1980)