HomeMy WebLinkAbout94-3006193
STREET/ALLEY CLOSURE
ORDINANCE NO. 94-3006
AN ORDINANCE CLOSING ALL OF THOSE PORTIONS OF ALLEYS
LOCATED IN BLOCKS 11 AND 12, ELM-DATE SUBDIVISION OF
BLOCK 14, WAYLAND HEIGHTS ADDITION, PLAINVIEW, HALE
COUNTY, TEXAS; CLOSING ALL OF THAT PORTION OF A STREET
BETWEEN BLOCKS 6 AND 11, AND BLOCKS 5 AND 12, ELM-DATE
SUBDIVISION OF BLOCK 14, WAYLAND HEIGHTS ADDITION,
PLAINVIEW, HALE COUNTY, TEXAS NOT HERETOFORE CLOSED
AND DECLARING THE CLOSING OF SAID ALLEYS AND STREET TO
BE IN THE PUBLIC INTEREST; SEVERABILITY CLAUSE;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Plainview, Texas recognizes that a need
exists to extend S.W. 4th Street within the city limits to open a complete thoroughfare to Date
Street; and
WHEREAS, to facilitate this process it is necessary to close Baltimore Street from S.W.
3rd Street to S.W. 6th Street and the alley between Baltimore and Columbia Streets from S.W.
3rd Street to S.W. 6th Street; and
WHEREAS, the owners of property abutting the street and alleys abutting the areas to
be closed have provided affidavits in support of the closure; and
WHEREAS, Section 19-34 of the Plainview City Code states that no street or alley in
the City shall ever be closed or changed by the City Council until and unless they have first
received the recommendation of the Planning and Zoning Commission; and
WItEREAS, on Thursday, July 28, 1994, the Planning and Zoning Commission held an
open meeting in regard to the proposed closure of said alleys and street and recommended
closure of the alleys and street subject to retaining the utility easements and public hearing before
the City Council; and
WHEREAS, Section 193 of the Plainview City Charter states that the City's rights to the
street and roads are inalienable, except by four-fifths vote of the City Council; and
WHEREAS, the City Council finds the closing of said alleys and street is in the best
1 of 3 - Street/Alley Closure
194
interest of the public;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview,
Texas that:
SECTION I.
That the alleys located in Blocks 11 and 12, Elm-Dale ~Subdivision of Block 14, Wayland Heights
Addition, Plainview, Hale County, Texas and the street located between Blocks 6 and 11 and
between Blocks 5 & 12, Elm-Dale Subdivision of Block 14, Wayland Heights Addition,
Plainview, Hale County, Texas are hereby closed.
SECTION Il.
That said alleys and street shall no longer be used as a public thoroughfare, and the owner of the
property contiguous to said alleys and street may take possession thereof and may use the same
in accordance with the laws of the State of Texas, City of Plainview hereby reserving to itself
an easement for the purposes of ingress and egress of the real property affected by this closure
for the purpose of installation, construction, repair or maintenance of any public utilities beneath,
above or upon said closed alleys and street.
SECTION III.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining provisions thereof.
SECTION IV.
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish
the applicability or enforcement of other ordinances restricting, regulating, or governing the
subject matter herein.
SECTION V.
All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith,
are hereby amended to conform with the provisions hereof.
2 of 3 - Street/AHey Closure
SECTION VI.
This ordinance shall be of full force and effect upon its passage as required by law.
PASSED AND APPROVED by on this 9th day of August, 1994.
Lloyd Woods, Mayor
ATTEST:
Karen McBeth, City Secretary
APPROVED AS TO CONTENT:
Jame~/ P. Jeffe;s, City Manager
APPROVED AS TO FORM:
Wally I4at~/h, (~:~[~, Attorney
195
3 of 3 - Street/Alley Closure