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HomeMy WebLinkAbout97-3134ALLEY ABANDONMENT ORDINANCE NO. 97-3134 AN ORDINANCE ABANDONING AND VACATING ALL OF THAT ALLEy LOCATED WITHIN BRATCHER ADDITION, PLMNVIEW, HALE COUNTY, TEXAS, AND DECLARING THAT SAME IS IN THE PUBLIC INTEREST; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE. WHEREAS, Plainview Dodge Chrysler, Inc., has submitted a petition to the City Plainview for the abandonment and vacating of an alley located in Bratcher Addition, Plainview, Texas; and, WHEREAS, Plainview Dodge Chrysler, Inc., a Texas corporation; is the owner of the underlying fee simple estate of Bratcher Addition, Plainview, Texas; and, WHEREAS, Section 38.52 of the Plainview City Ordinances states that no alley in the City shall ever be abandoned, vacated or charged by the City Council until and unless they have first received the recommendation of the Planning and Zoning Commission; and, WHEREAS, on Thursday, August 28, 1997, the Planning and Zoning Commission held a public hearing in regard to the Application of Plainview Dodge Chrysler, Inc., for abandonment and vacation of an alley located in Bratcher Addition, Plainview, Hale County, Texas, and, subsequent to the hearing recommended that the alley be vacated and abandoned subject to retaining required utility easements and a sewage easement; and WHEREAS, the City Council finds that vacating and abandoning the alley located in Bratcher Addition, Plainview, Hale County, Texas, is in the best interest of the public because it will relieve the public from the charge of maintaining an alley that is no longer used by or useful to the public. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas: SECTION I. That the previously dedicated alley located in Bratcher Addition, Unit No. 1, Plainview, Hale County, Texas, is hereby extinguished, abandoned and vacated. SECTION II. That the previously dedicated alley in Bratcher Addition, Plainview, Hale County, Texas, shah no longer be used as a public thoroughfare and an open alley, and that the fee to the land in said alley is hereby released and will revert to Plainview Dodge Chrysler, Inc., the owner of the fee simple estate of Bratcher Addition, Plainview, Hale County, Texas, the City of Plainview hereby reserving to itself that portion of said alley utilized for sewage main purposes as more fully described in a document recorded in Vol. 193, Page 635 of the Deed Records of Hale County, Texas, reference to which document is hereby made for a more complete description of the rights hereby reserved. Plainview Dodge Chrysler, Inc., may take possession of the land covered by the previously dedicated alley and may use the same in accordance with the laws of the State of Texas, subject to the foregoing reservation in the City of Plainview. SECTION III. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, Page 1 - Alley Abandonment - Plainview Dodge Chrysler, Inc. distinct, and independent provision and such holding shall not affect the validity of the remaining provisions thereofi 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 portion of any ordinance of the City of Plainview, Texas, in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION VI. This ordinance shall be of full force and effect upon its passage. PASSED AND APPROVED on this the 23rd day of September, 1997. LLOYD C. WOODS, Mayor ATTEST: KAREN MCBETH, City Secretary APPROVED AS TO FORM: / Page 2 - Alley Abandonment - Plainview Dodge Chrysler, Inc.