HomeMy WebLinkAboutOrd No. 11-355094
ZONING ORDINANCE Zone Case No. 820
Alley Closure
ORDINANCE NO. 11 -3550
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR CLOSING A T -ALLEY AND ANY OTHER
ALLEYS OR PUBLIC RIGHTS OF WAY LOCATED ON BLOCK 38,
COLLEGE HILL ADDITION TO THE CITY OF PLAINVIEW, HALE
COUNTY, TEXAS; 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
close and vacate a T -alley and any other alleys or public rights of way located in Block 38,
College Hill Addition to the City of Plainview, Hale County, Texas as described on Exhibit
"A" attached and incorporated herein; and
WHEREAS, the proposed request for Alley Closure, as herein after made, has
been duly presented to the Planning and Zoning Commission for its recommendations,
which was received by the City Council; and
WHEREAS, a hearing was held in the Council Chambers of the City Hall,
Plainview, Texas, at which time persons appeared in support of or against said proposal;
and
WHEREAS, the City Council determined that this alley is no longer necessary,
since Wayland Baptist University is joining its properties to expand their facilities upon
that property described herein; and
WHEREAS, the City Council hereby vacates and closes the alley's dedicated right
of way and utility easement for the purpose of Wayland Baptist University joining its
properties to expand their facilities upon that property described herein; and
WHEREAS, it was determined by the City Council that this alley closure is not
detrimental or injurious to the public health, safety or general welfare, or otherwise
offensive to the neighborhood; and
WHEREAS, the City Council finds the closing of the T -alley running north and
south and any other alleys or public rights of way located in Block 38, College Hill Addition
to the City of Plainview, Hale County, Texas, is in the best interest of the public.
Ord. No. 11 -3550
NOW, THEREFORE, the City of Plainview hereby ordains that:
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SECTION I
The request of Wayland Baptist University for closing a T -alley and any other
alleys or public rights of way located in Block 38, College Hill Addition to the City of
Plainview, Hale County, Texas, as described on Exhibit "A" attached and incorporated
herein, is approved.
SECTION II
The T -alley and any other alleys or public rights of way described in Section I shall
no longer be used as a public thoroughfare, and the City Council hereby vacates and
closes the alley's dedicated right of way and 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
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 IV
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 V
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 VI
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 VII
Ord. No. 11 -3550
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This Ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 12 day of April, 2011.
PASSED AND APPROVED on second reading this 26 day of pril, 2011.
ATTEST:
Belinda Hinojosa, City Secretary,
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APPROVED AS TO CONTENT:
Delwin Derrick, Chief Building Official
APPROVED AS TO FORM:
Les ie Spear Pea ce, City Attorney
Ord. No. 11 -3550
John C. Anders
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n, Mayor
Ord. No. 11-3550
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