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HomeMy WebLinkAboutCity Council Resolutions (R-91-708)-12/31/1991 RESOLUTION R-91-708 WHEREAS, the City of Colleyville is a home rule municipal corporation, and; WHEREAS, as a home rule municipal corporation, the City of Colleyville has the power to close and abandon public roadways, and; WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the citizens of the City to close and abandon Kensington Place, Buckingham Place and st. James Court within the City of Colleyville, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 : Sec. 2: Sec. 3: Sec. 4: THAT Kensington Place, Buckingham Place and st. James Court within the City of COlleyville, as specifically described in Exhibit "A" attached hereto, be and the same is hereby closed and abandoned as public roadway; provided, however, the City of Colleyville specifically retains an easement for the City, its employees, agents, franchisees and' licensees to utilize the property described in Exhibit "A" for any public or quasi-public purpose, including, but not limited to, the construction, installation, and maintenance of utilities, both above and under the qround, for the purpose of using the roadways to access property or improvements, and to construct, install, maintain and provide for drainage or other types of public works. THAT the closing and abandonment of the streets pursuant to Section 1 hereof is conditioned upon execution of a Release in a form satisfactory to the City by all landowners abutting said streets releasing the City of Colleyville from any and all damages, including damages in the nature of condemnation or inverse condemnation, as a result of the closing and abandonment of said streets. THAT the closing and abandonment of the streets pursuant to Section 2 hereof is conditioned upon execution of a Release in a form satisfactory to the ci ty by all landowners abutting said streets releasing the City of Colleyville from any and all damages, including damages in the nature for condemnation of inverse condemnation, as a result of the closing and abandonment of said streets. THAT the closing and abandonment of the foregoing streets pursuant to Sections 1 and 2 hereof shall be effective only upon a certification by the City Manager of the City that the conditions set out in sections 2 and/or 3 hereof have been met. Resolution R' -1-708 Page 2 AND IT IS SO RESOLVED. Passed by a vote of to ATTEST: Janet E. Hofstrom City Secretary APPROVED AS TO LEGAL FORM: Ross T. Foster City Attorney on the of 1991. CITY OF COLLEYVILLE CHRIS HAWKINS MAYOR CITY COUNCIL MINUTES October 01, 1991 Page 2 Mayor Hawkins opened the Public Hearing and read Resolution R-9l-7l4 in its entirety. There being no one present wishing to speak, the Public Hearing was closed. Councilperson McKain moved to approve R-91-714. Councilperson Feigel seconded the motion. ~he vote being: Ayes: Newton, McKain, Feigel, McKnight Noes: None 4. Ordinance 0-91-821 - ~ABLED AFTER ~HE 3RD READING - Prohibiting Wood Shingles This item remained TABLED. 5. Reading and Public Hearing Resolution R-91-708 Resolution Approving the Abandonment of Public Streets in ~he Hills of Central Park Mayor Hawkins opened the Public Hearing and read Resolution R-91-70a in its entirety. Those present wishing to speak were as follows: Robert Palmer, 4113 Buckingham Place acting as representative of the homeowners. There being no one else present wishing to speak, the Public Hearing was closed. Councilperson Newton questioned the signatures of the homeowners on the request. He also confirmed that City Staff and Officials can have access to the subdivision. City Attorney Ross Foster confirmed that City Staff and Officials can have access to the streets. Councilperson Newton also verified that the homeowners will have escrowed money for street maintenance. He said that he was opposed to privatization of the subdivision because of prospective road maintenance. Councilperson Feigel moved to approve R-91-708. Councilperson McKnight seconded the motion. ~he vote being: Ayes: Feigel, McKnight, Mayor Hawkins Noes: Newton, McKain The Mayor stated he realized that there are pluses and minuses for private streets, however, they equal out and from the financial standpoint of the City, privatization may be a plus. A situation which would justify private streets, would be a subdivision that enters and exits totally on and off Cheek Sparger and at some time in the future, Cheek Sparger may become a different road than it is today. Councilperson Newton commented that the ar~~meRt of the people wanting private streets was that the subdivision wee had previouslv aareed perceived to have been built to have gates at the entrance. &ae With this approval Councilperson Newton said that he is concerned about a an implied precedence being set. He said that the Council is seiR~ has been very careful with all recent developments not to ~ createEl that situation \1Aa~SOever \:hi8h ;#e~la allew privatization of streets in recentlv approved subdivisions, Councilperson McKnight requested that the records reflect that he agrees with Councilperson Newton 100% and had it not been for the fact that somebody went ahead and welded hinges on the entrance gates, he would have voted differently. He said that the homeowners had been mislead, misguided, and misinformed. He will not support privatization of streets in general, and each case needs to be looked at individually. Councilperson McKain said that he would hate to see the City get into a position where entire sections of our town were shut off from the citizenry. 6. Discussion and Consideration of Mayor's veto of Resolution R-91-706 - Resolution Approving the Final Plat for HOllowbrook, Case P-91-901. (3200 block of Glade Road) Mayor Hawkins read his letter dated September 23, 1991 which stated his objection to approving the Hollowbrook final plat. Councilperson Newton moved to delay the action until all of the Council were present. Councilperson McKain seconded the motion. ~he vote being: Ayes: Newton, McKain Noes: Feigel, McKnight, Mayor Hawkins