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ZONING ORDINANCE - Zone Case No. 868N-17-01
Alley Closure
ORDINANCE NO. 17-3654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP ABANDONING A PORTION OF A TWENTY FOOT ALLEY LOCATED
NORTH OF W. 6T" STREET AND EAST OF N. AUSTIN STREET, LYING
ADJACENT TO LOTS 27-31, BLOCK 31, ORIGINAL TOWN ADDITION OF
THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS; VACATING AND
CLOSING SUCH ALLEY RIGHT OF WAY SAVE AND EXCEPT A
PERMANENT PUBLIC UTILITY EASEMENT; DECLARING SUCH ALLEY
RIGHT OF WAY NO LONGER SERVES A PUBLIC PURPOSE; REPEALER;
SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICT
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 Comprehensive zoning
ordinance and map of the City of Plainview, Texas; and
WHEREAS, the City of Plainview petitions the City Council to abandon a portion of a
20 -foot alley for a length of 153.5 feet, located in the general vicinity of North of W. 6th Street
and East of N. Austin Street, lying adjacent to Lots 27-31, Block 31, Original Town Addition,
to the City of Plainview, Hale County, Texas, for egress and ingress, save and except a
permanent public utility easement, as described and depicted on Exhibit "A", attached and
incorporated herein; and
WHEREAS, the Petition for Alley abandonment excepts a permanent public utility
easement and requests such easement be retained for current and existing utilities; and
WHEREAS, the proposed request for Alley abandonment, as hereinafter 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 portion of the alley right of way is
no longer necessary and no longer serves a public purpose; and
WHEREAS, the City Council hereby vacates and abandons the alley's dedicated
right of way save and except for a public utility easement to be retained; and
WHEREAS, the City Council further determined that this alley closure is not
detrimental or injurious to the public health, safety or general welfare, or otherwise offensive
to the neighborhood; and
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NOW, THEREFORE, the City of Plainview hereby ordains that:
SECTION I
The request of the City of Plainview, Texas for vacating and abandoning a portion of
a 20 -foot alley for a length of 153.5 feet, located adjacent to Lots 27-31, Block 31, Original
Town Addition in the City of Plainview, Hale County, Texas, the same being in the general
vicinity North of W. 6th Street and East of N. Austin Street, for egress and ingress, save and
except a permanent public utility easement, as described and depicted on Exhibit "A",
attached and incorporated herein, is hereby approved.
SECTION II
The 20 -foot alley described in Section 1 and recorded in Volume 1, Page 372,
according to the map, plat, and/or dedication deed of the Deed Records of Hale County,
Texas, shall no longer be used as a public thoroughfare, and the City Council hereby
vacates and closes the alley's dedicated right of way as to egress and ingress with the
property owners' properties being hereby joined together, since the alley right of way is no
longer necessary and no longer serves a public purpose upon such property described
therein 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 close the alley's
dedicated right of way as to ingress and egress retaining a permanent public utility easement
for the purpose of accommodating public utilities currently existing in such dedicated right
of way. Such easement is retained for public utilities, both current and future, to maintain,
operate, repair, and replace any pipes, conduits, water mains, or any other facility or
equipment for the maintenance and operation of utilities located in this easement or any
portion of such easement. Such representatives of a utility located within the permanent
utility easement shall have at all times the right of ingress, egress and regress along, upon
and across said premises for the above -stated purposes.
SECTION IV
Within such permanent utility easement, property owners shall not place any
permanent buildings or trees upon the land granted as an easement.
SECTION V
Any pipeline laid or constructed within this permanent utility easement shall be laid
and constructed in a good, workmanlike manner and shall be buried in accordance with the
City of Plainview Code of Ordinances. In concluding such work, the ground surface over
the pipeline shall be restored to and kept in the former condition and level as near as may
be practicable.
W
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SECTION VI
Property owners will take all measures reasonably necessary to protect the existing
public utilities and promptly notify the appropriate public utility of any damages and/or
necessary repairs.
SECTION VII
The City Council finds that all rights, title and privileges granted herein, including all
benefits and burdens, shall run with the land and shall be binding upon and inure to the
benefit of the property owners hereto, their respective heirs, executors, administrators,
successors, assigns and legal representatives forever.
SECTION VIII
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 IX
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 X
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 XI
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 XII
This Ordinance shall be of full force and effect upon its passage and publication as
required by law.
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Ord No. 17-3654 Alley Closure Page 3
PASSED AND APPROVED on first reading this 11th day of April, 2017.
PASSED AND APPROVED on second reading this 20th day of April, 2017.
ATTEST:
/ez
Belinda Hinojosa, City Secreta
APPROVED AS TO CONTENT:
431
Cris Valverde, Community Development Manager
APPROVED AS TO FORM:
Leslie Spear
c midt, City Attorney
205
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Exhibit "A"
Ord No. 17-3654
Alley Closure
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