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2009-050-ORD ABANDONING A 15-FOOT ALLEY BETWEEN 3RD ST SE AND 5TH ST SE FROM E HEARON ST NORTH 246345 FTORDINANCE NO. 2009-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS ABANDONING A FIFTEEN (15) FOOT ALLEY BETWEEN 3RD STREET SE AND 5TH STREET SE, BEGINNING AT THE NORTH BOUNDARY LINE OF EAST HEARON STREET GOING NORTH A DISTANCE OF 246.45 FEET TO THE SOUTH PROPERTY LINE OF LOT 23, CITY BLOCK 142, CITY OF PARIS, TEXAS; DECLARING THAT THERE IS NO PUBLIC NECESSITY OR NEED FOR SAID ALLEY FOR CITY USE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been brought to the attention of the City Council of the City of Paris that a fifteen (15) foot alley between 3rd Street SE and 5th Street SE, beginning at the north boundary line of East Hearon Street going north a distance of 246.45 feet to the south property line of Lot 23 of City Block 142, Paris, Texas is of no use as an alley to the City of Paris or to its citizens, and the City Council so finds; and, WHEREAS, the City Council of the City of Paris has received a letter from the adjacent property owner requesting that the fifteen (15) foot alley be abandoned from the north boundary line of E. Hearon Street a distance of 246.45 feet to the south property line of Lot 23, City Block 142; and, WHEREAS, the City Engineer has reviewed the requested alley abandonment and has determined that the alley is of no use to the City and that there are no existing or planned utilities for this alley; and, WHEREAS, the City Council of the City of Paris conducted a public hearing on the 14th day of December, 2009, to receive comments from citizens and members of the general public for and against the proposal to abandon the aforesaid alley; and, WHEREAS, the City Council, hereby determines that it is in the best interest of the citizens and the City of Paris to abandon the aforesaid alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the fifteen (15) foot alley, between 3rd St. SE and 5th Street SE, beginning at the north boundary line of E. Hearon Street going north a distance of 246.45 feet to the south property line of Lot 23, City Block 142, City of Paris, Texas, as further described in Exhibit A, attached hereto, is found to be of no use as an alley to the City of Paris or its citizens, therefore, such alley is hereby abandoned. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 7. That by a supermajority vote of 6 ayes and 0 nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 8. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 14th day of December, 2009. J Jesse Jams Freelen, Mayor ATTEST: J ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent cIl ar _&kty Attorney EXHIBIT A DESCRIPTION OF ALLEY TO BE CLOSED SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Larkin Rattan Survey, Abstract No. 778 Survey, and being a fifteen (15) foot wide alley located in City Block 142 of the City of Paris from the north boundary line of E. Hearon Street going north to the south property line of Lot 23, City Block 142, being more particularly described as follows: BEGINNING at a point in the north boundary line of E Hearon Street, also being the southeast corner of Lot 18, City Block 142; THENCE North along the east property line of said Lot 17 a distance of 246.45 feet to a point for corner in the south property line of Lot 23, also being the northeast corner of said Lot 17; THENCE East along the south property line of said Lot 23 a distance of 15 feet to a point for corner being the northwest corner of Lot 14B, City Block 142; THENCE South along the west property lines Lots 15, and 16, of said City Block a distance of 246.45 feet to a point for corner in the north boundary line of E. Hearon Street; THENCE West along the north boundary line of E. Hearon Street a distance of 15 feet to the place of beginning and containing 3,696.75 square feet, more or less.