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HomeMy WebLinkAbout2006-2880 - Ordinance - 03/23/2006 ORDINANCE NO. 2880 AN ORDINANCE AMENDING CHAPTER 3, "BUILDING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: PART 2: PART 3: That Chapter 3, "Building Regulations", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty Five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 34 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 23rd day ofMar~jl2006. ATTEST: APPROVED: cQ ~ :Ln:- RON SILVIA, Mayor b . fJ!(vr..U mmie Hooks, City Secr City Attorney ORDINANCE NO. 2880 Page 2 EXHIBIT "A" That Chapter 3, "Building Regulations", Section 2 "Right-of-Way Maintenance" paragraph "N. Right-of-Way and Easement Abandonment" of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "N. RIGHT-OF-WAY AND EASEMENT ABANDONMENT (1) Criteria (a) The City Council of the City of College Station, at the request of one or more underlying fee simple or abutting property owners, or upon the City's own initiative, may, after holding a public hearing, abandon an easement or right- of-way only upon affirmative findings regarding the following criteria: (i) That the abandonment will not result in property that does not have access to public roadways or utilities. (ii) That there is no current public need or use for the easement or right-of-way. (iii) That there is no anticipated future public need or use for the easement or right-of-way. (iv) That all public utilities have access to serve current and future customers. (b) In order to make the affirmative findings listed above, the City Council may consider, but is not limited to, the following: the proposed use of the property involved, existing uses of land in the neighborhood, the utilities or roadways located in the easement or right-of-way, the purpose of the easement or right- of-way, and the probable effect of the abandonment upon the immediate preservation of the order, public health, safety, convenience and welfare of the community. ORDINANCE NO. 2880 Page 3 (2) Procedure to Request Abandonment. (a) The City Council may consider a request to abandon an easement or right-of-way to the underlying fee simple or abutting property owner(s) only after such property owner(s) submit to the City: (i) a completed application to abandon submitted upon forms provided by the City, reviewed and accepted by the City as complete; (b) The City Council shall consider the request for abandonment after public notice is provided and a public hearing is held. Requirements for public notice and a public hearing shall be the same as those public notice and public hearing requirements for zoning map amendments (rezonings) under the City Unified Development Ordinance. (c) If the City Council grants the request to abandon, the ordinance abandoning the easement or right-of-way will be filed in the Official Records of Brazos County, Texas. (3) Reserved (4) Nothing in this section shall be construed to require the City Council to abandon an easement or right-of-way or to give any person a vested right to compel the City to abandon an easement or right-of-way."