HomeMy WebLinkAbout2011-12-7893143270
ORDINANCE NO. 2011-12-7893
ORDINANCE REPEALING ORDINANCE NO. 75-5-1127, WHICH
AUTHORIZED THE CLOSING OF AN ALLEY FROM THE SOUTH LINE OF
KENTUCKY AVENUE TO THE NORTH LINE OF WASHINGTON STREET NEAR
SOUTH 17TH STREET, IN PADUCH, KENTUCKY, AND CLARIFYING THAT THE
AFORESAID ALLEY IS A PUBLIC RIGHT OF WAY OF THECITY OF PADUCAH
WHEREAS, on May 13, 1975, the Board of Commissioners for the City
of Paducah, adopted Ordinance No. 75-5-1127 authorizing the closing of an alley (the
"Alley") in the City described as follows:
A 15 foot alley about 346.5 feet in length, extending from the
south line of Kentucky Avenue to the north line of Washington
Street, running parallel to South 17th Street and situated about 150
feet east thereof.
WHEREAS, the aforesaid ordinance authorized the Corporation Counsel
for the City to institute and prosecute an action in the McCracken Circuit Court for an
judgement closing the Alley; which action was not instituted and the Alley was never
legally closed; and
WHEREAS, for a period in excess of 15 years the Alley has be utilized
by the public for vehicular traffic and use; and
WHEREAS, the Board of Commissioners, by and through the enactment
of this ordinance, shall repeal Ordinance No. 75-5-1127, which authorizes the closing of
the Alley; and
WHEREAS, the Board of Commissioners, by and through the enactment
of this ordinance, shall clarify that the Alley is a public right of way of the City of
Paducah, Kentucky.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. That the City of Paducah, Kentucky, hereby repeals
Ordinance No. 75-5-1127 in its entirety, which authorizes the closing of the Alley and
hereby clarifies and declares that the Alley is a public right of way of the City of
Paducah, Kentucky.
SECTION 2. The provisions of this Ordinance are severable, and if any
section, phrase or provision hereof shall for any reason be declared invalid or
unenforceable, such declaration shall not affect the validity of the remainder hereof.
Where any provision of this ordinance is in conflict with any other provision of
applicable federal, state, or local law or regulation or any permit issued pursuant to this
ordinance or the Kentucky Revised Statutes, the more restrictive provision(s) shall
prevail.
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SECTION 3. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, December 13, 2011
Adopted by the Board of Commissioners December 20, 2011
Recorded by Tammara S. Brock, City Clerk, December 20, 2011
Published by The Paducah Sun, December 28, 2011
\ord\eng\streetclose\alley close repealed
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