HomeMy WebLinkAbout90-2849TABLED AT DECEMBER 20, 1990 MEETING (LACK OF INFORMATION)
TABLED AT JANUARY 8, 1991 MEETING (LACK OF INFORMATION)
REMOVED FROM AGENDA AT JANUARY 22, 1991 MEETING (LACK OF INFORMATION)
ALLEY CLOSURE
ORDINANCE NO. 90-2849
AN ORDINANCE CLOSING ALL OF THAT PORTION OF
AN ALLEY LOCATED AT BLOCK 44, ORIGINAL TOWN
OF PLAINVIEW, HALE COUNTY, TEXAS, NOT
HERETOFORE CLOSED AND DECLARING THE CLOSING
OF SAID ALLEY TO BE IN THE PUBLIC INTEREST.
WHEREAS, First Baptist Church of Plainview, Texas has
submitted a petition to the City of Plainview for the closure of
the alley located in Block 44, Original Town of Plainview, Hale
County, Texas; and
WHEREAS, First Baptist Church of Plainview, Texas, a
private, non-profit entity is the owner of all the lots in Block
44, Original Town of Plainview, Hale County, Texas, save and
except the east 75' of Lots 7 & 8; and
WHEREAS, the plans of First Baptist Church are to pave the
area for parking facilities and the installation of other
facilities in connection with such that will require the use of
portions of the alley; and
WHEREAS, Section 19-34 of the Plainview City Code states
that no street or alley in the City shall ever be closed or
changed by the City Council until and unless they have first
received the recommendation of the Planning and Zoning
Commission; and
WHEREAS, on Tuesday, December 4, 1990, the Planning and
Zoning Commission held a public hearing in regard to the First
Baptist Church application for closure of an alley located at
Block 44, Original Town of Plainview, Hale County, Texas and,
subsequent to the hearing, recommended closure of the alley
subject to retaining the utility easements; and
WHEREAS, Section 193 of the Plainview City Charter states
that the City's rights to the street and roads are inalienable,
except by four-fifths vote of the City Council; and
WHEREAS, the City Council finds the closing of the alley
located in Block 44, Original Town of Plainview, Hale County,
Texas is in the best interest of the public.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Plainview, Texas that:
SECTION 1: That the alley located in Block 44, Original Town of
Plainview, Hale County, Texas is hereby closed.
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SECTION 2: That the alley in Block 44, Original Town of
Plainview, Hale County, Texas shall no longer be used as a public
thoroughfare and an open alley, and the owner of the property
contiguous to said alley may take possession thereof and may use
the same in accordance with the laws of the State of Texas, City
of Plainview hereby reserving to itself an easement for the
purposes of ingress and egress of the real property affected by
this closure for the purpose of installation, construction,
repair or maintenance of any public utilities beneath, above or
upon said closed alley.
PASSED AND APPROVED by a vote of
day of January 1991.
on this the
ATTEST:
E.V. Ridlehuber, Mayor
Linda Huddleston, City Secretary
APPROVED AS TO CONTENT:
D. B~ckburn, City Attorney
APPROVED AS TO FORM:
D. Blackburn, City Attorney
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