HomeMy WebLinkAboutOrd No. 11-354990
ZONING ORDINANCE Zone Case 821
Street Closure
ORDINANCE NO. 11 -3549
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR CLOSING OF A PORTION OF RALEIGH
STREET BETWEEN 8 TH AND 9 TH STREETS IN THE COLLEGE HILL
ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS;
RESERVING SEWER AND UTILITY EASEMENT; REPEALER;
CUMULATIVENESS CLAUSE; CONFLICT CLAUSE; SEVERABILITY
CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Ordinance No. 89 -2798 known as the City of Plainview Zoning
Ordinance, sets forth in Section 5 the requirements for amending the zoning map of the
City of Plainview, Texas; and
WHEREAS, Wayland Baptist University has petitioned the City of Plainview to
vacate and close a portion of Raleigh Street between 8 th and 9 th Streets in the College Hill
Addition to the City of Plainview, Hale County, Texas as described on Exhibit "A" attached
and incorporated herein; and
WHEREAS, Wayland Baptist University is joining its properties to expand their
facilities upon that property described herein; and
WHEREAS, the proposed street closure, as hereinafter made, has been duly
presented to the Planning and Zoning Commission for its recommendation, and they
found that the use is in general conformance with the Master Plan; and
WHEREAS, a hearing was held in the Council Chambers of City Hall, Plainview,
Texas, at which time persons appeared in support of or against said proposal; and
WHEREAS, Wayland Baptist University has agreed to provide a utility easement
for utilities remaining at this site in exchange for the street closure to join their properties
to expand their facilities upon that property described herein; and
WHEREAS, it was determined by the City Council that this street closure would
not be detrimental or injurious to the public health, safety or general welfare, or otherwise
offensive to the neighborhood, said closure shall be in the manner hereinafter set forth in
the body of this Ordinance;
SECTION I
NOW, THEREFORE, The City of Plainview hereby ordains that:
The request of Wayland Baptist University for closing a portion of Raleigh Street
between 8 th and 9 th Streets in the College Hill Addition to the City of Plainview, Hale
County, Texas as shown on Exhibit "A" attached and incorporated herein is approved.
Ordinance No. 11 -3549
Street Closing Ordinance Page 1 of 4
SECTION II
The street located at Raleigh Street described in Section I shall no longer be used
as a public thoroughfare, and the City Council hereby vacates and closes the street and
any dedicated right of way, excepting a utility easement, for the purpose of Wayland
Baptist University joining its properties to expand their facilities upon that property
described herein and may use the same in accordance with the laws of the State of
Texas.
SECTION III
The City of Plainview hereby retains the right to maintain, operate, repair, and
replace, by itself or by any licensee or a holder of a franchise from the City, any poles,
wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for
the maintenance or operation of any utility now located in the street or portion thereof
vacated by this Ordinance.
SECTION IV
All ordinances or parts of ordinances inconsistent with any provisions of this
Ordinance are hereby repealed to the extent of such conflict, and the provisions of this
Ordinance shall be and remain controlling as to the matters regulated herein.
SECTION V
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A constitutional
construction hereof is intended and shall be given. There is not intent herein to violate
either of the Texas Constitution or the Constitution of the United States.
SECTION VI
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 VII
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VIII
This Ordinance shall be of full force and effect upon its passage and publication as
required by law.
Ordinance No. 11 -3549
Street Closing Ordinance Page 2 of 4
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PASSED AND APPROVED on first reading this 12 day of April, 2011.
PASSED AND APPROVED on second reading this 26 day of April, 2011.
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Belinda Hinojosa, City Secre #a
APPROVED AS TO CONTENT:
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Delwin Derrick, Chief Building Official
APPROVED AS TO FORM:
Les ie Spear Pea ce, City Attorney
Ordinance No. 11 -3549
Street Closing Ordinance Page 3 of 4
Ordinance No. 11-3549
LXHIBIT
Exhibit "A"
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Street Closing Ordinance Page 4 of 4
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