HomeMy WebLinkAboutORD 2023-70 - Abandonment of 6th Street ROWORDINANCE NO. — 7O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, CLOSING A PORTION OF 6TH STREET
BETWEEN SOUTH AUSTIN AVENUE AND SOUTH MAIN STREET;
PROVIDING FOR THE ABANDONMENT BY QUITCLAIM OF THAT
PORTION OF 6TH STREET; PROVIDING FOR THE TERMS AND
CONDITIONS OF SUCH ABANDONMENT; CALLING FOR A
PUBLIC HEARING; REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown, Texas (the "Applicant") is seeking to abandon a port
of 61h Street located between South Austin Avenue and South Main Street, as described in Exhibit
"A " attached hereto and incorporated herein by reference. The request is being made in order to
allow for the construction of a parking garage, a portion of which will be located within the right-
of-way now requested to be abandoned; and
WHEREAS, upon considering the Application and additional information pertaining to
the Application, the City Council now finds that (a) there are no existing utilities located within
the property to be abandoned; OR (b) the utilities existing in the area of the street, alley, and/or
public right-of-way will be sufficiently protected by being either relocated or placed in easements
or remaining rights -of -way and that the utility companies serving the area including and
surrounding the right-of-way have determined that their utilities, if existing, will also be
sufficiently protected by the same means.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS:
Section 1. The meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
Section 3. The above -described streets, alleys, road widening easements and/or public
rights -of -way, being also generally depicted on Exhibit `A " attached hereto an incorporated herein
by reference and made a part of this Ordinance for all purposes, be, and the same is hereby
abandoned, vacated and closed insofar as the right, title or easement of the public is concerned.
Section 4. The said streets, alleys, road widening easements and/or public rights -of -way
are not needed for public purposes and it is in the public interest of the City of Georgetown, Texas
to abandon said streets, alleys, road widening easements and/or public rights -of -way.
Ordinance Number: so Z3 i� Page 1 of 2
Subject: f4��l�` �1 O 6T^ U,4 k&
Date Approved:
Section 5. The abandonment provided for herein shall extend only to the public right, title
and easement in and to the tract of land described in Section 3 of this Ordinance and shall be
construed only to that interest the governing body of the City of Georgetown, Texas may legally
and lawfully abandon.
Section 6. The City Attorney is hereby authorized to issue and the Mayor authorized to
execute a Quitclaim in the form of Exhibit `B" attached hereto and incorporated herein by
reference, and the City Secretary is authorized to attest thereto on behalf of the City of Georgetown,
Texas.
Section 7. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 8. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance, which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 9. The Mayor is hereby authorized to sign this Ordinance and the City Secretary
to attest. This Ordinance shall become effective and be in full force and effect in accordance with
the provisions of the City Charter of the City of Georgetown, Texas
PASSED AND APPROVED on First Reading on the jof Ak1p2023.
PASSED AND APPROVED on Second Reading on the G' - of jQ& s 2023.
ATTEST: TH CI V OF GEORGETOWN:
P�Z1d�_
Robyn D� smore, City Secretary Josh
APPROVED AS TO FORM:
Skye asso , City Attorney
Ordinance Number: �Z,� — G1� Rmi Page 2 of 2
Subject: A1qe°r.VV'&0k%A tJ7�
Date Approved: DtC&*W W 1 Zi 10Z3