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ORDINANCE NO. 06-3460
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR CLOSING OF AN ALLEY BETWEEN
7TH AND 8TH STREETS, LYING BETWEEN LOTS 1-8, INCLUSIVE,
AND LOTS 9-16 INCLUSIVE, BLOCK 58. COLLEGE HILL
ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY.
TEXAS: 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 portion of the alley between 7th Street and 8th Street at Block 58, Lots 1-16
nclusive, of the College Hill Addition to the City of Plainview, Hale County, Texas
(Volume 92, Page 430, showing the re-plat of several blocks including 58 as approved by
City Council, January 7, 1929) 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 for the purpose of public
regress and egress is no longer necessary, since Wayland is joining its properties to
expand their facilities upon that property described herein; and.. ~. .~..
WHEREAS, the City Council agrees with Wayland that the sewer line located in
this alley will be relocated according to the specifications of the City, and a dedicated dght
of way and utility easement for such relocation will be granted, and
WHEREAS, at the completion of such sewer line relocation, the City Council will
agree to the abandonment of the alley's dedicated right of way and utility easement for
the purpose of Wayland joining its properties to expand their facilities upon that properly
described herein; and
WHEREAS, it was determined by the City Council that this alley closure for [he
purpose of public ingress and egress would not be detrimental or injurious to the public
health, safety or general welfare, or otherwise offensive to the neighborhood; and
Ordinance No. 06-3460
WBU Alley Closing Ordinance
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WHEREAS, the City Council finds the closing of the alley for the purpose of public
ingress and egress located between 7 TM Street and 8 TM Street at Block 58, Lots 1-16,
Inclusive. of the College Hill Addition to the City of Plainview, Hale County, Texas,
(Volume 92, Page 430 showing the re-platting of several blocks including 58 as approved
by City Council, January 7, 1929) is in the best interest of the public.
NOW, THEREFORE, the City of Plainview Hereby Ordains that:
SECTION I
The request of Wayland Baptist University for closing a portion of the alley for public
ingress and egress between ?th 8th
Street and Street at Block 58, Lots 1-16, Indusive~ of
the College Hill Addition [o the City of Plainview, Hale County, Texas (Volume 92, Page
430 showing [he re-platting of several blocks including 58 as approved by City Council,
January 7, 1929), as described on Exhibit A attached and incorporated herein, is
approved.
SECTION II
The portion of the alley between 7TM Street and 8th Street at Block 58, Lots 1-16, Inclusive,
of the College Hill Addition [o the City of Plainview, Hale County, Texas, (Volume 92,
Page 430 showing the re-platting of several blocks including 58 as approved by Oity
Council, January 7, 1929) shall no longer be used as a public thoroughfare, and the
owner of the property contiguous to said alley will close such property used for public
~ngress and egress and may use the same in accordance with the laws of the State of
Texas.
SECTION III
The City of Plainview hereby reserves and 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, p~pes, conduits, sewer mains, water mains, or any other facility or equipment for
the maintenance or operation of any utility now located in the alley or portion thereof
dosed by this Ordinance for the purpose of public fngress and egress only. Such
dedicated right of way and easement in the alley, as described on Exhibit A attached and
~ncorporated herein, will be vacated once the sewer line is rerouted, the City receives a
dedicated right of way for the proposed improvements, and a utility easement is granted
where necessary for the completed sewer line.
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.
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SECTION V
All ordinances or portions of any ordinances of [he City of Plainwew, 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 fome and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 24th day of January, 2006.
PASSED AND APPROVED on second r, ~ng this 14th day of February, 2006.
/J~"h~ C. An~l~r's~)~,-M~yor
APPROVED AS TO FORM:
Leslie Spear Pearce, ~;ity Attorney
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WBU Alley CloSing Ordinance
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Ordinance No. 06-3460
WBU Alley Closing Ordinance
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