Ord. 0398 06-25-79ORDINANCE NO. 398
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
PROVIDING THAT THE PUBLIC ALLEY SITUATED IN
BLOCK D OF THE OLD PEARLAND TOWNSITE BE
VACATED, ABANDONED AND CLOSED; PROVIDING FOR
THE REVERSION OF THE FEE IN SAID LAND; REPEAL-
ING ALL ORDINANCES IN CONFLICT HEREWITH; PRO-
VIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS, has
the power to establish, construct, alter, close, vacate and abandon
public streets, alleys and public grounds and highways of the City
pursuant to Article 1175 of the Revised Civil Statutes of the State
of Texas; and
WHEREAS, heretofore the property owners of the property abutt-
ing said alley considered for abandonment,have requested of the City
Council, an abandonment of said alley -way in Block D; and
WHEREAS, it has been heretofore determined by the City Council
that there are no utility services located within the aforementioned
alley -way; that all of the property abutting said alley is presently
served with utilities at other easements situated in or near Block D;
and that there is sufficient ingress and egress to said Block D for
fire and police protection from other abutting streets and Highways;
and
WHEREAS, the City Council deem it
advantage of the public generally, that
closed and abandoned; and
reasonable, proper, and to the
the said alley -way be vacated,
WHEREAS, after due notice, a public hearing was held before the
City Council at its regular meeting held on June 18, 1979; and
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, and having been fully advised in
the premises, finds that in the case of the application of the Helen
Alexander Estate, for the abandonment of the alley -way situated in
Block D of the Old Pearland Townsite, sufficient facts were presented
which, in the judgment of the City would justify the approval of said
application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION I.
The facts and recitations contained in the preamble to this
Ordinance are hereby found and declared to be true and correct.
SECTION II.
That the twenty foot (20') alley -way situated entirely in Block
D of the Old Pearland Townsite, and being more particularly described
and shown in Exhibit "A" attached hereto, be and the same is hereby
closed, abandoned, and permanently vacated as an alley -way or public
thorough -fare right-of-way for all intents and purposes.
SECTION III.
That the fee to the land described in Exhibit "A" attached hereto
is hereby released and will revert to the adjacent and abutting prop-
erty owners as provided by law.
SECTION IV.
That all Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
SECTION V.
That if for any reason any section, paragraph, subdivision, word,
phrase, clause or provision of this Ordinance shall be held invalid
or unconstitutional by final judgment of a Court of competent juris-
diction, it shall not affect any other section, paragraph, subdivision,
word, phrase, clause or provision of this Ordinance for it is the
definite intent of this City Council that every section, paragraph,
subdivision, word, phrase, clause or provision of this Ordinance be
- 2
given full force and effect for its purpose.
SECTION VI.
This Ordinance shall take effect upon its Second and Final
reading by the City Council of the CITY OF PEARLAND, TEXAS.
PASSED and APPROVED on First Reading this la day of
1979.
Attest:',
09-72.1
MAYOR, CITY OF PEARLAND, TEXAS
gant
PASSED and APPROVED on Second and Final Reading this `tr day
, 1979.
MAYOR, CITY OF PEARLAND, TEXAS
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