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Home My Public Portal AboutOrdinance No. 0992-04 08-24-2004 ORDINANCE NO. 992-04 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS _ , V~.~'~'~~NG AND ABANDONING A PLATTED FIRE LANE EASEMENT LO~~TED ON BLOCK 6, LOT 6R, MIDWAY PLACE ADDITION TO THE CITY OF RICHLAND HILLS, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Richland Hills is the owner of an easement and interest in platted fire lanes across a portion of property described as Block 6, Lot 6R, Midway Place Addition to the City of Richland Hills, Texas, which property is currently under development; and WHEREAS, the owner of the property has requested that the property be replatted, making such fire lanes unnecessary; and • WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the subject fire lanes are no longer necessary for public safety, and are not useful or convenient to the public in general; and that such fire lanes therefore constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by vacation and abandonment of such fire lanes; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said platted fire lanes, the City desires to release all title, ownership and control of said easement to the owner or owners of the fee title to the property; . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ABANDONMENT AND VACATION OF EASEMENT The easement for and City's interest in the platted fire lanes located on and across a portion of property described as Block 6, Lot 6R, Midway Place Addition to the City of Richland Hilis, Texas, described and shown in Exhibit "A" to this Ordinance, are hereby vacated and abandoned as public property. Such property is not being used by, nor useful or convenient to the public in general, and is not necessary to the public safety of the citizens of the City or the public in general. Therefore, such property constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by vacation and abandonment of such property. The property • so vacated and abandoned shall revert to the owners of the fee interest in the property. SECTION 2. AUTHORIZATION OF CITY MANAGER TO EFFECTUATE ABANDONMENT The City Manager of the City of Richland Hills, Texas, is hereby authorized and empowered to execute any documents necessary to accomplish the abandonment of such property described above, and to file such documents as necessary with the County Clerk of Tarrant County, Texas. SECTION 3. FOUR FIFTHS VOTE IN FAVOR The City Council has, incompliance with governing City ordinances, voted to waive certain requirements and procedures of Chapter 70 of the City Code as permitted by Section 70-87 of said Chapter and abandon the property described herein to a property owner upon the request of said property owner by at least afour/fifths (4/5) vote. SECTION 4. EFFECTIVE DATE This ordinance shall be effective immediately upon adoption. • SECTION 5. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. • ORDINANCE ABANDONING PLATTED FIRE LANES ON BLK 6, LOT 6R, MIDWAY PLACE ADDN. Page 2 W:\Richland Hills\Ordinance\Abandonment of platted fire lanes on Midway Place property.wpd • SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASS D AND APPROVED BY UNANIMOUS VOTE ON THIS ~ DAY OF 'r"'?~ ,2004. f~~'p,~`~';^~d Ijlf~ TH HONORABLE NELDA STRODER, MAYOR r k ~ ~ = - ATTEST: ~ ~ a• . Ilr x r ~ ~ y ~ i y•1~~''•,,.,. ~ ~ ~ ~ TERRI WILLIS, CITY SECRETARY EFFECTIVE: ~'C%~ • APPROVED TO FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • ORDINANCE ABANDONING PLATTED FIRE LANES ON BLK 6, LOT 6R, MIDWAY PLACE ADDN. Page 3 W:\Richland Hills\Ordinance\Abandonment of platted fire lanes on Midway Place property.wpd ORDINANCE NO. 992-04 • AN ORDINANCE OF THE CITY OF RICHLAND HILLS TEXAS VACATING AND ABANDONING A PLATTED FIRE LANE EASEMENT LOCATED ON BLOCK 6, LOT 6R, MIDWAY PLACE ADDITION TO THE CITY OF RICHLAND HILLS, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Richland Hills is the owner of an easement and interest in platted fire lanes across a portion of property described as Block 6, Lot 6R, Midway Place Addition to the City of Richland Hills, Texas, which property is currently under development; and WHEREAS, the owner of the property has requested that the property be replatted, making such fire lanes unnecessary; and • WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the subject fire lanes aze no longer necessazy for public safety, and aze not useful or convenient to the public in general; and that such fire lanes therefore constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by vacation and abandonment of such fire lanes; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said platted fire lanes, the City desires to release all title, ownership and control of said easement to the owner or owners of the fee title to the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ABANDONMENT AND VACATION OF EASEMENT The easement for and City's interest in the platted fire lanes located on and across a portion of property described as Block 6, Lot 6R, Midway Place Addition to the City of Richland Hills, Texas, described and shown in Exhibit "A" to this Ordinance, aze hereby vacated and abandoned as public property. Such property is not being used by, nor useful or convenient to the public in general, and is not necessary to the public safety of the citizens of the City or the public in general. Therefore, such property constitutes a public chazge without a corresponding benefit, and the public would be better served and benefitted by vacation and abandonment of such property. The property • so vacated and abandoned shall revert to the owners of the fee interest in the property. SECTION 2. AUTHORIZATION OF CITY MANAGER TO EFFECTUATE ABANDONMENT The City Manager of the City of Richland Hills, Texas, is hereby authorized and empowered to execute any documents necessary to accomplish the abandonment of such property described above, and to file such documents as necessary with the County Clerk of Tarrant County, Texas. SECTION 3. FOUR FIFTHS VOTE IN FAVOR The City Council has, incompliance with governing City ordinances, voted to waive certain requirements and procedures of Chapter 70 of the City Code as permitted by Section 70-87 of said Chapter and abandon the property described herein to a property owner upon the request of said property owner by at least afour/fifths (4/5) vote. SECTION 4. EFFECTIVE DATE This ordinance shall be effective immediately upon adoption. • SECTION 5. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. ORDINANCE ABANDONING PLATTED FIRE LANES ON BLK 6, LOT 6R, MIDWAY PLACE ADDN. Page 2 W:\Richland Hills\Ordinance\Abandonment of platted fire lanes on Midway Place property.wpd • SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASS D AND APPROVED BY UNANIMOUS VOTE ON THIS DAY OF 2004. TH HONORABLE NELDA STRODER, MAYOR yf~ . . ~ i ATTEST: ~ • f 4 s'•y * ~ ; ` TERRI LIS, CITY SECRETARY • ~ ~ ~~~~sti1\~~~i' ) ` ~ EFFECTIVE: ~'C>~t' • APPROVED TO FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • ORDINANCE ABANDONING PLATTED FIRE LANES ON BLK 6, LOT 6R, MIDWAY PLACE ADDN. Page 3 W:\Richland Hills\Ordinance\Abandonment of platted fire lanes on Midway Place property.wpd