Public Hearings – July 25, 2022

Jun 21, 2022

PUBLIC HEARINGS

The City of Seymour will hold a public hearingS at 7p.m. on July 25th, 2022, at the Portwood Pavilion, 800 E Morris St, Seymour Texas 76380. 

  1. SECOND Public Hearing held by the City of Seymour, regarding request from Daniel & Krystal Huskamp, for a Specific Use Permit, for a Salvage Yard Application, for 310 and 704 E. Ingram Street.  

  2. SECOND Public Hearing held by the City of Seymour, regarding a Specific Use Permit, from Jessie & Wanda Moore, placing a Manufactured House on their property at 601 E. Morris Street.   
  3. ONLY Public Hearing held by the City of Seymour, regarding request from Heather Greenwood to close the alleyway at W. Belknap Street, extending 150′ to the South, in between the North half of lot 1 and the South half of lot 1 of the Millers 1st addition and Lot 2 and Lot 3 of the Millers 1st Addition.
  4. ONLY Public hearing for Ordinance 2022-08 for road and alley closures: Road closure for W. McLain

    Info:  A proposed, but not constructed, road way located at the furthest West 100 feet of the undeveloped McLain St, also known as the estimated 100 feet in-between the North line of Jones-Supowit Addition and Block 41 of the Morris Addition, to be closed and abandoned to the abutting property owners with the condition of a utilities easement for the maintenance and repair of power poles, services, and guide wires large enough to allow passage of a Bucket/Digger Truck.  This easement would hold harmless the City of Seymour for any damages by entrance or access to the property owner for the purpose of services.
  5. ONLY Public Hearing for Ordinance 2022-09 for road and alley closures: Alleyway at W. Belknap Street, extending 150′ to the South

    Info: Constructed alleyway located at the furthest West portion of Belknap street, extending 150 feet to the south, in the Millers 1st Addition to be closed and abandoned to the property owners Heather and Tommy Greenwood, with the restriction that no building may be constructed on said alleyway and access to all utilities will be allowed for the purpose of maintenance by the City of Seymour,

Citizens are encouraged to attend to discuss.  Written comments may also be submitted to P.O. Box 31, Seymour, Texas 76380.  Persons with disabilities or others requiring auxiliary aids or services to participate in this hearing should make arrangements with the city secretary at 940-889-3148 at least two days before the hearing.

CITY OF SEYMOUR

ORDINANCE NO. 2022-07

AN ORDINANCE VACATING AND ABANDONING A PORTION OF A CERTAIN DESCRIBED STREET RIGHT-OF-WAY KNOWN AS A

proposed, but not constructed, road way located at the furthest West 100 feet of the undeveloped McLain St, also known as the estimated 100 feet in-between the North line of Jones-Supowit Addition and Block 41 of the Morris Addition, to be closed and abandoned to the abutting property owners.

STREET IN THE CITY OF SEYMOUR, TEXAS, PREVIOUSLY DEDICATED TO THE PUBLIC; DECLARING THAT SUCH RIGHT-OF-WAY IS UNNECESSARY FOR USE BY THE PUBLIC AS A STREET; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM OR NO WARRANTY DEED RELEASING AND ASSIGNING THE REAL PROPERTY TO THE OWNERS OF THE FEE ESTATE, IF NECESSARY; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Seymour, Texas (the City) is a Type-A general law municipality in Baylor County, Texas, acting under its power pursuant to Chapters 6, 21 and 22 of the Texas Local Government Code; and

WHEREAS, an area described as a street, specifically, the portion of the street known as a proposed, but not constructed, road way located at the furthest West 100 feet of the undeveloped McLain St, also known as the estimated 100 feet in-between the North line of Jones-Supowit Addition and Block 41 of the Morris Addition, to be closed and abandoned to the abutting property owners described on the attached Exhibit A, was previously dedicated to the City; and

WHEREAS, Section 311.008 of the Texas Transportation Code authorizes a general-law city to vacate, abandon and close any street or alley by ordinance on a petition of all of the abutting owners on the street or alley; and

WHEREAS, the owners have petitioned the City Council to vacate, abandon and close the public street abutting and overlying the owners’ property; and

WHEREAS, the City Council of the City of Seymour, acting pursuant to law, deems it advisable to abandon, vacate, and close the described portion of the street and is of the opinion that this land is not needed for public use and therefore constitutes a public charge without corresponding benefit, and that same should be abandoned, vacated, and closed as provided in this ordinance; and

WHEREAS, the City Council is of the opinion that the best interest and welfare of the public will be served by abandoning, vacating, and closing same resulting in the vesting of title in the abutting property owners, subject to the conditions, requirements and restrictions contained in this ordinance; and

WHEREAS, in order to remove any question as to the continued interest in the right-of-way to be abandoned, the City desires to authorize the mayor to execute a quitclaim or no warranty deed releasing and assigning all title and control in the right-of-way to be abandoned to the owners of the fee estates on which the right-of-way to be abandoned is located, if necessary.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS THAT:

SECTION 1.

The City Council finds that the portion of the street known as a proposed, but not constructed, road way located at the furthest West 100 feet of the undeveloped McLain St, also known as the estimated 100 feet in-between the North line of Jones-Supowit Addition and Block 41 of the Morris Addition, to be closed and abandoned to the abutting property owners with the condition of a utilities easement for the maintenance and repair of power poles, services, and guide wires large enough to allow passage of a Bucket/Digger Truck.  This easement would hold harmless the City of Seymour for any damages by entrance or access to the property owner for the purpose of services. described in the legal description attached to this Ordinance as Exhibit A is not being used by, nor useful or convenient to the public in general and that the public would be better served and benefited by the vacation and abandon of the street right-of-way.

SECTION 2.

Attached as Exhibit B to this ordinance are the petitions by the landowners requesting abandonment, vacation, and closure of the street.

SECTION 3.

A review has been made by the Department of Public Works and the City Administrator, which have approved the City abandonment and closure of this street.

SECTION 4.

The Mayor of the City of Seymour, Texas, is hereby authorized and empowered to execute a quitclaim or no warranty deed to the current or future owners of the fee estate on which the street right-of-way is located if ever requested or required by the owners.

SECTION 5.

After any quitclaim or no warranty deed is executed, the owner of the fee estate is authorized to file it in the deed records of Baylor County, Texas.

SECTION 6.

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.

SECTION 7.

This Ordinance shall be in full force and effect from and after its passage, and it is so ordained.

PASSED AND APPROVED by the City Council of the City of Seymour on this 25th day of July 2022.

                                                            City of Seymour, Texas

By:      ________________________________

Jon Hrncirik, Mayor

ATTEST:

______________________________

Conchita Torrez, City Secretary

CITY OF SEYMOUR

ORDINANCE NO. 2022-08

AN ORDINANCE VACATING AND ABANDONING A PORTION OF A CERTAIN DESCRIBED STREET RIGHT-OF-WAY KNOWN AS A

Constructed alleyway located at the furthest West portion of Belknap street, extending 150 feet to the south, in the Millers 1st Addition to be closed and abandoned to the property owners Heather and Tommy Greenwood, with the restriction that no building may be constructed on said alleyway and access to all utilities will be allowed for the purpose of maintenance by the City of Seymour,

STREET IN THE CITY OF SEYMOUR, TEXAS, PREVIOUSLY DEDICATED TO THE PUBLIC; DECLARING THAT SUCH RIGHT-OF-WAY IS UNNECESSARY FOR USE BY THE PUBLIC AS A STREET; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM OR NO WARRANTY DEED RELEASING AND ASSIGNING THE REAL PROPERTY TO THE OWNERS OF THE FEE ESTATE, IF NECESSARY; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Seymour, Texas (the City) is a Type-A general law municipality in Baylor County, Texas, acting under its power pursuant to Chapters 6, 21 and 22 of the Texas Local Government Code; and

WHEREAS, an area described as a street, specifically, the portion of the alleyway constructed at the furthest West portion of Belknap Street, extending 150 feet to the south, in the Millers 1st Addition to be closed and abandoned to the property owners Heather and Tommy Greenwood with the restriction that no building may be constructed on said alleyway and access to all utilities will be allowed for the purpose of maintenance by the City of Seymour,. described on the attached Exhibit A, was previously dedicated to the City; and

WHEREAS, Section 311.008 of the Texas Transportation Code authorizes a general-law city to vacate, abandon and close any street or alley by ordinance on a petition of all of the abutting owners on the street or alley; and

WHEREAS, the owners have petitioned the City Council to vacate, abandon and close the public street abutting and overlying the owners’ property; and

WHEREAS, the City Council of the City of Seymour, acting pursuant to law, deems it advisable to abandon, vacate, and close the described portion of the street and is of the opinion that this land is not needed for public use and therefore constitutes a public charge without corresponding benefit, and that same should be abandoned, vacated, and closed as provided in this ordinance; and

WHEREAS, the City Council is of the opinion that the best interest and welfare of the public will be served by abandoning, vacating, and closing same resulting in the vesting of title in the abutting property owners, subject to the conditions, requirements and restrictions contained in this ordinance; and

WHEREAS, in order to remove any question as to the continued interest in the right-of-way to be abandoned, the City desires to authorize the mayor to execute a quitclaim or no warranty deed releasing and assigning all title and control in the right-of-way to be abandoned to the owners of the fee estates on which the right-of-way to be abandoned is located, if necessary.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS THAT:

SECTION 1.

The City Council finds that the portion of the street known as the constructed alleyway located at the furthest West portion of Belknap street, extending 150 feet to the south, in the Millers 1st Addition. to be closed and abandoned to the property owners Heather and Tommy Greenwood, with the restriction that no building may be constructed on said alleyway and access to all utilities will be allowed for the purpose of maintenance by the City of Seymour, described in the legal description attached to this Ordinance as Exhibit A is not being used by, nor useful or convenient to the public in general and that the public would be better served and benefited by the vacation and abandon of the street right-of-way.

SECTION 2.

Attached as Exhibit B to this ordinance are the petitions by the landowners requesting abandonment, vacation, and closure of the street.

SECTION 3.

A review has been made by the Department of Public Works and the City Administrator, which have approved the City abandonment and closure of this street.

SECTION 4.

The Mayor of the City of Seymour, Texas, is hereby authorized and empowered to execute a quitclaim or no warranty deed to the current or future owners of the fee estate on which the street right-of-way is located if ever requested or required by the owners.

SECTION 5.

After any quitclaim or no warranty deed is executed, the owner of the fee estate is authorized to file it in the deed records of Baylor County, Texas.

SECTION 6.

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.

SECTION 7.

This Ordinance shall be in full force and effect from and after its passage, and it is so ordained.

PASSED AND APPROVED by the City Council of the City of Seymour on this 25th day of July 2022.

                                                            City of Seymour, Texas

By:      ________________________________

Jon Hrncirik, Mayor

ATTEST:

______________________________

Conchita Torrez, City Secretary