CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Consider the following concerning the abandonment of an undeveloped alley:

  1. Conduct a Public Hearing regarding the abandonment of an undeveloped alley in Fouke’s Addition, Block 2.
  2. Adopt an Ordinance abandoning an undeveloped alley lo located in Fouke’s Addition, Block 2.  (PWD-Planning)

AGENDA DATE:  03/20/2017

ITEM#:10

DEPARTMENT:  Planning Division – Public Works Department

 

DATE SUBMITTED: 03/08/2017

 

PREPARED BY:  Mary L. Beck, Interim Planner

 

SUBJECT:  Abandonment of the dedicated undeveloped alley located in FOUKE’S ADDITION, Texarkana, Miller Co., Arkansas for maintenance, fencing, and better use of the property.     

 

EXHIBITS: Ordinance, Petition to abandon ROW, Interim Planner memo, utility responses and location map.

 

APPROVAL:

 

EXPENSE REQUIRED $0.00

 

AMOUNT BUDGETED: $0.00

 

APPROPRIATION REQUIRED:  $0.00

 

SUMMARY: A petition to abandon an undeveloped alley located in Fouke’s Addition, Block 2 that contains no utilities and is a location where no utilities are planned was made to the City on December 29, 2016.  The alley runs east to west from Kirby to Draughn Streets and is located between Dudley Street and the undeveloped Maud Street.  Following public notice a canvassing of 5 utilities was made.  No objections to the abandonment have been received and the utility responses are attached.  The Planning Commission certifies recommendation to approve after a motion by Vice-Chairman George Coker, seconded by Commissioner Bertha Dunn, with a roll call vote of 4-0 to approve with no opposition and 3 absent.      

 

BOARD ACTION:  Adopt an Ordinance to abandon an undeveloped alley.      

EMERGENCY CLAUSE:  Not applicable

 

ORDINANCE NO. ______

 

AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF AN UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED IN FOUKE’S ADDITION, TO THE CITY OF TEXARKANA, ARKANSAS; AND FOR OTHER PURPOSES.

 

WHEREAS, a petition was duly filed with the Board of Directors of the City of Texarkana, Arkansas, on the 29th day of December, 2016, asking that the Board of Directors vacate and abandon the undeveloped alley located in Block 2 of FOUKE’S ADDITION, to the City of Texarkana, Arkansas, now appearing of record in plat Book JJ, Page 42, in the office of the recorder of Miller County, Arkansas; and

WHEREAS, after due notice as required by law, the Board of Directors has, at the time and place mentioned in said notice, heard all persons desiring to be heard on the question and has ascertained that said portions of alley herein above and herein after described, have heretofore been dedicated to the public use as an alley herein described; have not been actually used by the public for a period of at least five (5) years subsequent to the filing of the plats; that all owners of the property abutting upon the portions of said alley, respectively, to be vacated have been filed with the Board of Directors their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of said portion of alley.

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas:

SECTION 1.  The City of Texarkana, Arkansas, releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the undeveloped alley located in BLOCK 2 of the FOUKE’s ADDITION to the City of Texarkana, Arkansas, now appearing of record in plat Book JJ, Page 42, in the office of the recorder of Miller County, Arkansas; and

SECTION 2.  A copy of this ordinance, duly certified by the City Clerk, shall be filed in the office of the recorder of Miller County, Arkansas, and recorded in the deed records of the county. 

SECTION 3.  This ordinance shall take effect and be in force from and after its passage.

PASSED AND APPROVED this 20th day of March, 2017.

 

 

_____________________________

Ruth Penney Bell, Mayor

 

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney

 

 

 

 

 

 

CITY OF TEXARKANA, ARKANSAS

DEPARTMENT OF PUBLIC WORKS

216 WALNUT STREET 71854-6024

P.O. BOX 2711 – TEXARKANA, ARKANSAS 75504-2711

PHONE (870) 779-4971 – FAX (870) 773-2395

MEMORANDUM

TO:                  Dr. Kenny Haskin, City Manager

FROM:                Mary L. Beck, Interim Planner

DATE:             February 21, 2017

SUBJECT:             Board of Directors Agenda Item for 12-05-2016 meeting – Request by Ralph Fuller, et. al., to abandon an undeveloped alley. 

LEGAL DESCRIPTION:

 

The alley in Block 2, FOUKE’S ADDITION, Texarkana, Miller County, Arkansas as recorded in Book JJ, Page 42, Miller County, Arkansas

 

REASON FOR REQUEST:

 

 

The property owner has been contacted by code enforcement regarding maintenance of an alley that the property owner believed was his property and who wishes to have full use of the land for maintenance and security.            

 

EXISTING LAND USES:

 

 

Site:    

Dedicated 20’-0” platted alley

 

North:

Residential

 

South: 

Residential and church

 

East:

Residential and church

 

West:

Residential

 

EXISTING ZONING:

 

Site:    

R-3 Low-density residential

 

North:

R-3 Low-density residential

 

South: 

R-3 Low-density residential

 

East:

R-3 Low-density residential

 

West:

R-3 Low-density residential and C-1 General Retail

 

AVAILABLE UTILITIES:

 

Municipal Water:

 

None in alley

 

 

Municipal Sanitary Sewer:

None in alley

 

TRANSPORTATION NETWORK:

 

 

Local Street(s):

Draughn Street (at end of alley)

Kirby Street (at end of alley)

 

 

 

 

Collector Street(s)

Dudley Street (on south side of Block 2)

 

 

 

 

Major Arterial Street(s)

None

 

COMPATIBILITY WITH EXISTING DEVELOPMENT:

 

 

If the Street ROW is abandoned, the Arkansas Code of 1987 Annotated mandates ownership revert to the adjacent property owners. The Right-of-Way is undeveloped and does not play a role in the MPO long-range transportation plan carried out by the City.  

 

 CONFORMANCE WITH APPLICABLE ORDINANCES AND/OR STATE STATUTES:

 

 

The Arkansas Code of 1987 Annotated 14-301-301 to 14-301-306 grants property owners owning property containing a utility easement the right to petition the City Board of Directors to abandon all or part of the street ROW provided it does not contain any existing services or is not needed for future expansion.  The City staff received a petition signed by all property owners adjacent to the alley on December 29, 2016.  The five utility companies and representatives from Public Works Department have been contacted and replied with the following responses (copies attached):

 

  1. CenterPoint Energy - "CenterPoint is good.” (Email dated 1/11/2017)

 

2.      Windstream Communications - "Windstream is OK with this easement being abandoned.” (Email, dated 1-11-2017)

 

3.      TWU – “The Utility staff has reviewed the above referenced request for utility easement abandonment and has the following comments:

 

1)      The Utility does not have any water or sanitary sewer mains in the alley right-of-way and does not foresee the need to install any in the future. 

2)      ) The Utility does not oppose the abandonment of the right-of-way as shown on the attached drawing.  (Memorandum dated January 11, 2017, received January 13, 2017) 

 

  1. AEP-Swepco AEP/Swepco has no facilities in the purposed abandonment and has no objection to abandon the right-of-way.

 

 

 (Email dated January 16, 2-17).  

 

5.      CableONE – “Cableone has no opposition to the abandonment.” (email dated 1/11/2017)

 

The required notice was published in the Sunday, January 29, 2017 edition of the Texarkana Gazette as required by the Texarkana, Arkansas Code of Ordinances

All property owners adjacent to the alley have signed the petition.    

 

OPPOSITION:

None

                                    

PLANNING COMMISSION RECOMMENDATION:

 

 

The Planning Commission met on February 15, 2017 to consider the request and make a recommendation.  On a motion by Mr. George Coker, seconded by Ms. Bertha Dunn the Planning Commission certifies a recommendation for approval by a roll call vote of 4-0 with three absent in order to abandon the alley of Block 2, Foukes’ Addition.   

 

 

 

 

Randall Hickerson, Chairperson

George Coker, Vice-Chairperson

Yes

Yes

 

 

Bertha Dunn

Yes

 

 

Boots Thomas

Jason Dupree

Thomas Scott

Adger Smith

Absent
Absent

Absent

Yes

 

 

BOARD ACTION REQUESTED:

 

 

The Board action requested is as follows:

 

  1. On March 6, 2017 Consider a resolution to set the date for a required public hearing;

 

  1. On March 20, 2017 Consider adopting an ordinance abandoning an undeveloped alley.

 

  1. No emergency clause is applicable.

Enclosure:     Location Map (PC2017002.DOC)

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

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