HomeMy WebLinkAbout92-28928¸9
~I.LEY CLOSURE
ORDINANCE NO. 92-2892
AN ORDINANCE CLOSING ALT, OF THAT PORTION OF AN
ALLEY LOCATED AT BLOCK 44, ORIGINAL TOWN OF
PLAINVIEW, HALE COUNTY, TEXAS, NOT HERETOFORE
CLOSED AND DECLARING THE CLOSING SAID ALLEY TO
BE IN THE PUBLIC INTEREST.
WHEREAS, First Baptist Church of Plainview, Texas has submitted a petition
to the City of Plainview for the closure of the alley located in Block 44,
Original Town of Plainview, Hale County, Texas; and
WHEREAS, First Baptist Church of Plainview, Texas, a private, non-profit
entity is the owner of all the lots in Block 44, Original Town of Plainview,
Hale County, Texas, save and except the east 75' of lots 7 and 8; and
WHEREAS, the plans of First Baptist are to pave the area for parking
facilities and the installation of other facilities in connection with such that
will require the use of portions of the alley; and
WHEREAS, Section 19-34 of the Plainview City Code states that no street or
alley in the City sba11 ever be closed or changed by the City Council until
and unless they have first received the recommendation of the Plarming and
Zoning Commission; and
WHEREAS, on Tuesday, December 4, 1990, the Planning and Zoning
Commission held a public hearing in regard to the First Baptist church
application for closure of an alley located at Block 44, Original Town of
Plainview, hale County, Texas and, subsequent to the hearing, recommended
closure of the alley subject to retaining the utility easements; and
WHEREAS, Section 193 of the Plainview City Charter states that the City's
rights to the street and roads are inalienable, except by majority vote of the
City Council; and
WHEREAS, the City Council finds the closing of the alley located in Block 44,
Original Town of Plainview, Hale County, Texas is in the best interest of the
public.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Plainview, TexaI that:
SECTION 1: That the alley located in Block 44, Original Town of Plainview,
Hale County, Texas is hereby closed.
SECTION 2: That the alley in Block 44, Original Town of Plainview, Hale
County, Texas shall no longer be used as a public thoroughfare and an open
alley, and the owner of the property contiguous to said alley may take
possession thereof and may use the s~me in accordance with the laws of the
State of Texas, City of Plsinview hereby reserving to itself an easement for
the purposes of ingress .and egress of the real property affected by this
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closure for the purpose of installation, construction, repair or maintenance of
any public utilities beneath, above or upon said closed alley.
PASSED AND APPROVED on this the 14th day of January, 1992.
E. V. Ridlehuber, Mayor
ATTEST:
Kar~n McBeth, ' y ry
APPROVED AS TO CONTENT:
Wally Hatch, City Attorney
APPROVED AS TO FORM:
Wally Hat~h, City Attorney
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