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Ord 10-2011 2/15/2011ORDINANCE NO. 10 -2011 Ordinance Adding Section 6.13 To Appendix A Of The Wichita Falls Code Of Ordinances, Which Will Authorize City Staff To Issue Easements, Licenses, And Abandonments Of City Property Interests, And Providing For Codification WHEREAS, City staff often receive requests for easements, licenses, and /or abandonments of City -owned property interests, and WHEREAS, the City desires to encourage economic development and certainty in real property transactions by providing an administrative process to authorize property owners to obtain City property interests of minimal value that do not implicate Sections 253.001 or 272.001 of the TEXAS LOCAL GOVERNMENT CODE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: 1. APPENDIX A, "SUBDIVISION AND DEVELOPMENT REGULATIONS ", of the Wichita Falls Code of Ordinances is amended to add Section 6.13 thereto, with said section to read as follows: Sec. 6.13. Request for Easement, License, or Abandonment of City Property Interest: A. An owner of property underlying an easement held by the City may request that the City abandon all or a portion of said easement. B. An owner of property abutting City property or right -of -way may request that the City License the use of City property or right -of -way or execute an easement for an encroachment on City property or right -of -way. C A request for such abandonment, license, or easement will be filed in writing with the Property Management Division of the City's Department of Community Development and be accompanied by a fee of the greater of $1,000 or the value of the requested property interest, with said property interest value to be determined by the City's Property Administrator. The City's Property Administrator may waive the aforementioned fee upon a determination that: (1) the requested right or abandonment is of de minimis value and requires minimal staff time to research and define, or (2) the requested right or abandonment is in exchange for a property interest of similar or greater value. D. If the City's Property Administrator determines that a survey or appraisal is necessary to determine the size or nature of the property or its value, the requesting owner shall pay for the cost of said survey or appraisal or provide same. E. if the City Manager determines that the City's interests are sufficiently protected by the proposed abandonment, license, or easement and that the execution of said document is in the interest of the City, then the City Manager may execute all documents necessary to allow the underlying or abutting property owner to utilize the requested interest in the property. This section authorizes actions that are within the discretion of City staff with respect to property interests owned by the City. This section does not reduce the right of the City Council to authorize or abandon a City interest in property. This section is not adopted pursuant to Chapter 211 of the Texas Local Government Code. A decision of an official pursuant to this section is not appealable pursuant to Sections 8 or 9 of this Appendix to the Board of Adjustments. 2. Codification The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. PASSED AND APPROVED this the 15th day of February, 2011. MAYOR ATTEST: