DEPARTMENT: EastPoint & Real Estate Services
DEPARTMENT HEAD: Mike Etienne
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT: Disposition: Closure of an improved portion of S. Main Street
SUMMARY:
An ordinance authorizing the closure, vacation, and abandonment of an improved portion of S. Main Street Public Right of Way, bounded by Dolorosa Street to the north and E. Nueva and W. Nueva Street to the south, with easement conditions, in Council District 1, as requested by Bexar County.
BACKGROUND INFORMATION:
Bexar County (Petitioner) is requesting the closure, vacation and abandonment of an improved portion of S. Main Street in City Council District 1, as shown on attached Exhibit "A." The proposed closure is bounded by Dolorosa Street to the north and E. Nueva and W. Nueva Street to the south. Specifically, the proposed closure is located between the Bexar County Courthouse and the Cadena-Reeves Justice Center. Petitioner's purpose for this closure is to address multiple existing security challenges posed by the court system operations as well as possible future challenges resulting from the location of a federal courthouse, which will be constructed nearby on the former Police Department Headquarters site on W. Nueva Street in the near future. Issues addressed include the efficient and effective transfer of inmates to and from court. This includes ensuring the safety of court personnel and citizens. Petitioner will allow emergency services to have unobstructed access to proposed closure and will provide an easement for public access. The easement will be a condition of the closure, recorded at the courthouse and made a public record. Additionally, the County is constructing a new west entrance to the Courthouse that will serve as the weekend entrance to a new County History Center. Bexar County will start begin construction upon approval by City Council.
The construction cost is estimated at $770,000 and includes the following design elements requested by the City:
· "yelp" activated hydraulic bollards at Dolorosa Street, and "yelp" activated traffic arms at Nueva Street, per the request of SAFD, provide open access to any public safety or emergency vehicle (fire, ambulance and police);
· The asphalt will be removed and replaced with reinforced patterned concrete that closely resembles Main Plaza and which has sufficient base to support heavy prisoner buses, fire engines, ambulances and similar vehicles;
· Pedestrian pathways through the Main Street segment will be finished in a way that is inviting to tourists and extends the theme of Main Plaza;
· A designated bike lane with a "bike box" will be created; and
· The City will be able to designate this segment of Main Street to be used for weekend bicycling and running events when there is no conflict with prisoner transportation by the County.
Additionally, the County is constructing a new west entrance to the Courthouse that will serve as the weekend entrance to a new County History Center. Bexar County will start begin construction upon approval by City Council.
ISSUE:
An ordinance authorizing the closure, vacation, and abandonment of an improved portion of S. Main Street Public Right of Way adjacent to NCB 100, bounded by Dolorosa Street to the north and E. Nueva and W. Nueva Street to the south, in Council District 1, as requested by Bexar County.
The purpose for this closure is to address multiple existing security challenges posed by the court system operations as well as possible future challenges resulting from the location of a federal courthouse, which will be constructed nearby on the former Police Department Headquarters site on W. Nueva Street in the near future. Issues addressed include the efficient and effective transfer of inmates to and from court. This includes ensuring the safety of court personnel and citizens. Petitioner will allow emergency services to have unobstructed access to proposed closure and will provide an easement for public access. The easement will be a condition of the closure, recorded at the courthouse and made a public record.
Additionally, the County is constructing a new west entrance to the Courthouse that will serve as the weekend entrance to a new County History Center. Bexar County will start begin construction upon approval by City Council.
This action is consistent with City Code and Ordinances relative to closing Public Rights of Way.
ALTERNATIVES:
The closure, vacation and abandonment of an improved portion of S. Main Street will allow Petitioner to incorporate the public right of way with its adjacent property to address multiple existing security challenges posed by the court system operations as well as possible future challenges resulting from the location of a federal courthouse which will be constructed nearby on the former Police Department Headquarters site on W. Nueva Street. City Council could choose not to approve this item; however, disapproval of this request would disallow Petitioner from incorporating the proposed closure with its adjacent property for security reasons.
FISCAL IMPACT:
In compliance with Chapter 37 of the City Code, Section 37-2, fair market value of the subject property was based upon an Independent State of Texas Certified Professional Appraisal Report. The subject property was appraised for a total of $907,200.00 by Eckmann Groll, Inc. in August 2014.
Additionally, in compliance with Chapter 37 of the City Code, Section 37-11 (d) (1), the director may recommend that city council reduce the fee if the Petitioner originally granted the subject public right of way at no cost, e.g. by dedication through plat or other instrument. The segment of Main Street between the Bexar County Courthouse and the Cadena-Reeves Justice Center was dedicated for public use and convenience to the City of San Antonio on October 6, 1927 through action by the Bexar County Commissioners Court entitled "An Order Dedicating Certain Property between Dolorosa and Nueva Street as a Public Highway for the Extension of Main Avenue."
The Commissioners Court subsequently dedicated additional land for the widening of the street on November 7, 1929. Neither document conveyed fee simple title to the tracts of land from Bexar County to the City of San Antonio; therefore, ownership of the property remains in Bexar County. There is no fiscal impact since the City of San Antonio recommends that the street be conveyed to Bexar County at no cost.
RECOMMENDATION:
Staff recommends approval of the closure, vacation and abandonment of an improved portion of S. Main Street Public Right of Way and to waive the fee of the closure since Bexar County originally granted the subject public right of way at no cost to the City of San Antonio.
The City of San Antonio's Planning Commission will consider this request to close, vacate and abandon an improved portion of S. Main Street at its regular meeting on August 27, 2014.
In accordance with Municipal Code Chapter 37, 26 letters were sent to property owners within a 500-foot radius of the closure and two signs were posted at the proposed closure to notify the public of the proposed closure which includes the dates and times of the public hearings.