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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. E SECTION 3. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: v ` BA -o 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 4