HomeMy WebLinkAboutOrdinance - 1622-1954 - Amending Ordinance 293-A - 11/09/1954r
Co r y
11-29-5 4
ro City
Engr.
rax Dept.
( L. Ross)
Citv Atty
u
..
U-09-1954--
0RDINANCE NO. 1622 \l -Q.4-. f .954-____ _
AN ORDINANCE AMENDING ORDINANCE NO. Z93-A, CLOSING CER-
TAIN STREETS AND ALLEYS IN ERROR; MAKING FINDINGS CONCERNING
SUCH ERROR.; AND DECLARING THAT PART OF AVENUE I (TEXAS AVE-
NUE) LYING WEST OF BLOCK Z, ACUFF HEIGHTS ADDITION, AND THE
ALLEY LYING ~OUTH OF THE NORTH TIER OF LOTS IN SAID BLOCK Z,
TO BE PUBLIC WAYS.
WHEREAS, bY Ordinance Z93-A, the City Commission in the year 19Z5,
attempted to close certain streets and alleys set out therein and it -is appar ..
ent, and this Commission now finds that twenty-nine (Z9) years have lapsed
since the passage of Ordinance No. Z93 -A, and that during all of such time,
that part of Avenue I (Texas Avenue) ancl' the alley next above ·des-cribed has
been continuously open and used by the p"!.lblic, and further finds that said
alley and that part of said street described have been ·continuously used for
public utilities and public purposes for such period of time, all of which pub-
lic use has been adverse to any claimant; NOW, THERE F 0 R E
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the attempted abandonment in the year 19Z5 by the
City Commission of that part of Avenue I (Texas Avenue) lying West and
abutting Lot 3, Block Z of Acuff Heights Addition and the ZO foot alley lying
South of the North tier of lots in Block Z of said Acuff Heights Addition, was
in error. That said described street and alley has never in fact been by the
public abandoned or closed to public use, and that the same have been openly,
adversely and continuously used by the public as public ways for public pur-
poses both b~fore the passage of said Ordinance No. Z93-A and for mo·re than
twenty--nine.(zp;) years after the passage of said ordinance.
SECTION 2. That, that part of Avenue I (Texas Avenue) and the alley J
described in Section 1 of this Ordinance are found and hereby declared to be
public ways, open to the public for all public pu:rposes.
SECTION 3. Ordinance No. Z93-A is hereby amend.ed and modified so
as to delete therefrom that part of Texas Avenue and the alley described
in Section 1 of this ordinance.
AND IT IS SO ORDERED.
On motion of Commissioner ___ ....,ZQ~----' seconded
by Commissioner ----~ktg ___________ , this Ordinance was
p a s s e d on f i r s t r e a d in g t h i s .....9J!h.._ d a y of ---..li2DD.I:. _____ , 1 9 54 ,
by the following vote:
Commissioners voting "YEA ":
Commissioners voting "NAY ":
Baker • Forrest 1 Thomas aad
Mayor Tripp
None
On motion of Commissioner Forrest seconded
---~--------
-,
0
by Com:.rnissioner Carpenter , this Ordinance was passed on
second reading this 24th day of November , 1954, by the following vote:
Commissioners voting 11YEA": CarJ)enter, Forrest, 'I'fiOmas and Mayor fripp
Cominissioners voting "NAYtt: None
'
ATTEST:
Dk-,,; 4·: ._ -------~.U~we, t:~etary .. Treasurer
VEW:k.w
ll-5-54