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 Waxahachie
 Code of Ordinances
 Chapter 28. STREETS AND SIDEWALKS
 Article I. IN GENERAL

  § 28-7. Procedures for abandonment of public right-of-way.  

Latest version.

  • The following procedures shall be followed in dealing with abandonment of public right-of-way, unless specifically waived by the city council in special instances:

    (a)

    Application by property owner. A property owner whose property abuts a public right-of-way may apply to the city manager for abandonment, in whole or in part, of the abutting right-of-way. An application must be accompanied by:

    (1)

    A nonrefundable application fee of two hundred dollars ($200.00);

    (2)

    The written concurrence of all persons who own property contiguous to the area proposed to be abandoned, said written concurrence to also release any and all damages resulting from said closing; and

    (3)

    Copies of recorded deeds showing current ownership of all property contiguous to the area proposed to be abandoned.

    (b)

    Investigation and notice. Upon receipt of an application for abandonment of a public right-of-way, the city manager or his designee shall investigate the request and send written notice of the requested abandonment to all affected city departments, and all public franchise holders.

    (c)

    Appraisal. An appraisal shall be made on the market value of the property requested to be abandoned. The appraisal may be made by city staff, or if the city manager so directs, by an outside appraiser, with any costs of an outside appraisal to be paid by the property owner requesting the abandonment, to be paid in advance of the appraisal being made, and not to be refunded in the event the abandonment is refused. The appraised value shall be collected from the property owned before the abandonment ordinance is passed. The appraised value, whether the city holds fee simple or an easement, is to be calculated at eighty-five (85) percent × market value per square foot × area.

    (d)

    Passage of abandonment ordinance; quitclaim deed. The city council may, if it finds the abandonment is proper and is not detrimental to the public interest, pass an ordinance abandoning all or part of the public right-of-way requested. A quitclaim deed may be furnished if the city council so directs, with any expenses of the quitclaim deed to be paid by the person receiving the quitclaim deed.

(Ord. No. 1445, 2-4-85; Ord. No. 1741, 3-2-92)

Editor's note

Ord. No. 1445, adopted Feb. 4, 1985, did not specifically amend the Code, hence codification herein as § 28-7 was at the discretion of the editor.