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HomeMy WebLinkAboutOrd No. 11-355198 ZONING ORDINANCE Zone Case No. 819 Alley Closure ORDINANCE NO. 11 -3551 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF PLAINVIEW, TEXAS FOR CLOSING A TWENTY FOOT ALLEY LOCATED BETWEEN 8 AND 9 STREET, LYING BETWEEN LOTS 4 AND 7 -10 INCLUSIVE, AND LOTS 3 AND 11 -14 INCLUSIVE, AND ANY OTHER ALLEYS OR PUBLIC RIGHTS OF WAY LOCATED ON BLOCK 35, 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 a 20 -foot alley located between 8 and 9 Street, Tying between Lots 4 and 7 -10 inclusive, and Lots 3 and 11 -14 inclusive, and any other alleys or public rights of way located on Block 35, College Hill Addition, to the City of Plainview, Hale County, Texas, the same being in the general vicinity of the 1800 block of 8 Street and 1800 block of 9th Street, 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 agrees with Wayland Baptist University that the sewer line located in this alley will be abandoned according to the specifications of the City, and a larger private sewer line will be located in this alley and connected to the City's public sewer system; and WHEREAS, the City Council hereby vacates and closes the alley's dedicated right of way and utility easement for the purpose of ingress and egress until such time as all utilities are relocated or abandoned; and Ord. No. 11 -3551 Wayland Alley Closure Page 1 of 5 WHEREAS, upon the vacation and abandonment of utilities from all dedicated rights of way and easements, the City Council further vacates and closes such dedicated property to the public allowing Wayland Baptist University to join 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 be 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 a 20 -foot alley for the purpose of public ingress and egress located between 8 th and 9 Street, lying between Lots 4 and 7- 10 inclusive, and Lots 3 and 11 -14 inclusive, Block 35, College Hill Addition to the town of Plainview, Hale County, Texas, the same being in the general vicinity of the 1800 block of 8 th Street and 1800 block of 9 Street is in the best interest of the public. SECTION I The request of Wayland Baptist University for closing a 20 -foot alley located between 8 th and 9 Street, lying between Lots 4 and 7 -10 inclusive, and Lots 3 and 11 -14 inclusive, and any other alleys or public rights of way located on Block 35, College Hill Addition, to the City of Plainview, Hale County, Texas, the same being in the general vicinity of the 1800 block of 8 th Street and 1800 block of 9th Street, as described on Exhibit "A" attached and incorporated herein, is approved. SECTION II SECTION III Ord. No. 11 -3551 NOW, THEREFORE, the City of Plainview hereby ordains that: The 20 -foot alley described in Section I and recorded in Volume 17, Page 4, according to the map, plat, and /or dedication deed of the Deed Records of Hale County, Texas, 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 therein and may use the same in accordance with the laws of the State of Texas. The City of Plainview hereby reserves and retains the right to close the alley's dedicated right of way and utility easement for the purpose of ingress and egress reserving the rights of all utilities or franchises to enter for the purpose of relocating or abandoning their facilities. Upon the vacation and abandonment of all utilities currently existing from all dedicated rights of way and easements, the City Council further vacates and closes such dedicated property to the public allowing Wayland Baptist University to join its properties to expand their facilities upon that property described herein. Wayland Alley Closure Page 2 of 5 99 100 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. PASSED AND APPROVED on first reading this 12 day of April, 2011. PASSED AND APPROVED on second reading this 26 day of Ord. No. 11 -3551 (il, 2011. ohn C. Anderson Mayor Wayland Alley Closure Page 3 of 5 ATTEST: 'C c(? Belinda Hinojosa, City Secreta„ APPROVED AS TO CONTENT: Delwin Derrick, Chief Building Official APPROVED AS TO FORM: eslie Spear Pearce, City Attorney Ord. No. 11 -3551 Wayland Alley Closure Page 4 of 5 101 102 41.4_ 4 Ord. No. 11-3551 LXHIBIT A S u 1'1 C) t 4 ft EXHIBIT "A" 4 'S C "I t t n 7 1. 1 '4 6,z, 44 Wayland Alley Closure Page 5 of 5