HomeMy WebLinkAbout05-3454 ord3 ?5
ZONING ORDINANCE
Zone Case No. 770
Street Closure
ORDINANCE NO. 05-3454
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR CLOSING OF ELM STREET BETWEEN 10TM
AND 11TM STREET, LYING BETWEEN LOTS 7-16, INCLUSIVE, BLOCK 4
LOTS 17-26 INCLUSIVE, BLOCK 5, RAILROAD ADDITION TO THE CITY
OF PLAINVIEW, HALE COUNTY, TEXAS CUMULATIVENESS CLAUSE;
CONFLICT CLAUSE; SEVERABLITY 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, Ray Lee dba BRL Properties, LLC. has petitioned the City of
Plainview to close Elm Street: Between 10th and 11th Street, lying between Lots 7-16,
inclusive, Block 4, Lots 17-26, inclusive, Block 5, Railroad Addition to the City of
Plainview, Hale County, Texas as described on exhibit A attached and incorporated
herein; and
WHEREAS, the proposed request for Street Closure, as hereinafter made, has
been duly presented to the Planning and Zoning Commission for its recommendation,
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;
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; and
WHEREAS, the City Council finds the cllosing of the street located at Elm Street:
Between 10th and 11th Street, lying between Lots 7-16, inclusive, Block 4, Lots 17-26,
inclusive, Block 5, Railroad Addition is in the best interest of the public.
NOW, THEREFORE, the City of Plainview Hereby Ordains that:
SECTION I. ,
The request of Ray Lee dba BRL Properties, LLC., to close Elm Street: Between 10th &
11th Street, lying between Lots 7-16, inclusive, Block 4 Lots 17-26, inclusive, Block 5,
Railroad Addition to the City of Plainview, Hale County, Texas is approved.
Ordinance No. 05-3454
Zone Case No. 770
Street Closure
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SECTION
The street located at Elm Street: Between 10th & 11th Street, lying between Lots 7-16,
inclusive, Block 4, Lots 17-26, inclusive, Block 5, Railroad Addition to the City of
Plainview, Hale County, Texas, shall no longer be used as a public thoroughfare and an
open street, and the owner of the property contiguous to said street may take
possession thereof and may use the same in accordance with the laws of the State of
Texas.
SECTION III.
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.
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 V.
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 VI.
Should any section, subsection, or any portion hereof be deemed invalid for any reason,
such holding shall not render or invalidate any other section, sub-section, sentence,
provision, clause, phrase, or word severable therefrom and the same shall be deemed
severable for this purpose.
SECTION VII.
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 20th day of September, 2005.
Ordinance No. 05-3454
Zone Case No, 770
Street Closure
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377
PASSED AND APPROVED on second reading this 2'7th day of September, 2005.
Jol
ATTE-'ST:
Belinda Hinojosa, City Secretal¥
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attorney
Ordinance No. 05-34§4
Zone Case No. 770
Street Closure
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Lee Eq~ipme~'~ Co.
Ordinance No. 05-3454
Zone Case No. 770
Street Closure
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