§ 70-39. Plat vacation

(a) By property owner. The property owner of the tract covered by a plat may vacate, upon review by the commission and approval by the city council, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat (instrument language is available from the city, upon request).

(b) By all lot owners. If some or all of the lots covered by the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

(c) Criteria. The planning and zoning commission shall review, and the city council may approve, the petition for vacation on such terms and conditions as are in accordance with V.T.C.A., Local Government Code § 212.013, and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the city council may direct the petitioners to prepare and seek approval of a revised final plat in accordance with this chapter such that the property does not become "unplatted."

(d) Effect of action. On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the commission's and city council's action on the petition, the property owner will have no right to a refund of any monies, fees or charges paid to the city nor to the return of any property or consideration dedicated or delivered to the city except as may have previously been agreed to by the commission and city council.

(e) City-initiated plat vacation.

(1) General conditions. The city council, on its motion and following a public hearing on the matter, may vacate the plat of an approved subdivision or addition when:

a. No lots within the approved plat have been sold within five years following the date that the plat was signed by the city;

b. The property owner has breached an improvement agreement and the city is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its successors; or

c. The plat has been of record for more than five years and the city determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety or welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

(2) Procedure. Upon any motion of the planning and zoning commission or city council to vacate the plat of any previously approved subdivision or addition, in whole or in part, the city shall publish notice in a newspaper of general circulation in the county before the 15th day prior to the date of the public hearing at which the plat vacation shall be heard by the commission. The city shall also provide written notice to all property owners within the subdivision or addition and to all members of the city council. The notice shall state the time and place for a public hearing before the commission, and subsequently before the city council, on the motion to vacate the subdivision or addition plat. The commission shall recommend approval, and the city council shall approve, the plat vacation only if the criteria and conditions cited above are satisfied.

(3) Record of plat vacation. If the city council approves vacating a plat, the city secretary shall cause a copy of the plat vacation instrument to be recorded in the office of the county clerk along with an exhibit showing a drawing of the area or plat vacated. The county clerk shall write legibly on the vacated plat the word "vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. If the city council vacates only a portion of a plat, it shall cause a revised final plat drawing to also be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated. On the execution and recording of the vacating instrument the vacated plat (or the vacated portion of the plat) has no effect.

(Ord. No. 02-09-549, 9-3-2002)