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ORDINANCE NO. 14 -3605
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF PLAINVIEW, TEXAS FOR ACCEPTANCE OF A
DEDICATION DEED FOR RIGHT -OF -WAY TO OPEN A
PORTION OF KERMIT STREET BETWEEN OLTON ROAD
AND 13 STREETS IN THE MESA VERDE 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, Burns Family Trust and Danbe Partners, Ltd, a Texas limited
partnership, ( "Grantors ") dedicated right -of -way for a portion of Kermit Street between
Olton Road and 13 Streets in the Mesa Verde Addition to the City of Plainview, Hale
County, Texas ( "Grantees ") as described on Exhibit "A" attached and incorporated herein;
and
WHEREAS, the proposed street, 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, the City Council considered in an open meeting the acceptance of
such dedicated right -of -way for the public purpose of constructing a portion of Kermit
Street; and
WHEREAS, the Council further finds that dedicating right -of -way for the
construction and maintenance of such street will be in the best interest of the Plainview
citizens; and
WHEREAS, it was determined by the City Council that this street acceptance
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:
Burns Family Trust and Danbe Partners, Ltd, a Texas limited partnership,
( "Grantors ") dedicated right -of -way for a portion of Kermit Street between Olton Road and
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Street Acceptance- Kermit Page 1 of 5
13 Streets in the Mesa Verde Addition to the City of Plainview, Hale County, Texas
( "Grantees ") as shown on Exhibit "A" attached and incorporated herein is accepted.
SECTION II
The dedication of right -of -way for such street is for the public purpose of extending
an existing Kermit Street as described on Exhibit "A" attached and incorporated herein.
The construction of such Street will depend on state and federal funds with the City
maintaining and repairing the Street after completion. If such funding and construction
does not occur, then the City's public purpose no longer exists and the dedicated right -of-
way of such Street will be closed and ownership of such property will revert back to both
Grantors.
SECTION III
The City received construction plans of such Street currently in compliance with
City of Plainview Ordinances regarding the City's plans and specifications for structuring
such Streets, including curb and gutter which is in accordance with the Plainview Code of
Ordinances, Chapter 10, Section 7.10.2. Moreover, the City will need curb and gutter to
repair and maintain such Street being constructed in said right -of -way. If for some
unforeseen reason curb and gutter is removed from the current plan, then the City and
Grantors of the Deed would have cause to reject the Street plans presented. The City
would attempt to resolve the curb and gutter issue, but absent resolution, then the City
would vacate such Street as no longer possessing a public purpose with ownership of
such property reverting back to the Grantors. In any event, the Grantors of such right -of-
way shall not be responsible for erecting curb and gutter to complete this Street project.
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,
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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 9 day of January, 2014.
PASSED AND APPROVED on second reading this 14 day of January, 2014.
ATT ST:
v /
Belinda Hinojosa, City Secr
APPROX.. S TO ONT
/ I
Gre am, City %," ager
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attorney
Ord. No. 14 -3605
Wendell Dunlap, Mayor
Street Acceptance- Kermit Page 3 of 5
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Ord. No. 14 -3605 Street Acceptance- Kermit
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Ord. No. 14 -3605 Street Acceptance- Kermit
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