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HomeMy WebLinkAbout07181 ORD - 03/25/1964IMS:JKH:3- 23-64 AN ORDINANCE ABANDONING THE UTILITY EASEMENT AND A RAILROAD EASEMENT IN BLOCK ONE, PORT AVENUE PROPERTIES, A SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN ON MAP OR PLAT THEREOF ON FILE IN THE MAP RECORDS IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. WHEREAS, THE UTILITY EASEMENT IN BLOCK ONE OF PORT AVENUE PROPERTIES, A SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF OF RECORD IN THE MAP RECORDS OF NUECES COUNTY, TEXAS, IS NO LONGER NECESSARY FOR THE INSTALLATION OF UTILITY SERVICE TO THE LOTS ABUTTING ON SAID UTILITY EASEMENT; AND WHEREAS, THE RAILROAD EASEMENT SHOWN ON SAID PLAT OF SAID BLOCK ONE OF SAID PORT AVENUE PROPERTIES IS NO LONGER NECESSARY FOR THE INSTALLATION OF A RAILROAD TRACK AND IS NOT USED FOR SUCH PURPOSE AND SHOULD BE CLOSED TO THE USE OF THE PUBLIC; AND WHEREAS, IT WOULD BE ADVANTAGEOUS TO THE PUBLIC TO ABANDON SAID EASEMENISSO THAT THE LOTS ABUTTING SAID EASEMENTS MAY BE USED JOINTLY WITHOUT THE NECESSITY OF LEAVING THE AREA OCCUPIED BY SAID EASEMENTS UNOBSTRUCTED BY BUILDING CONSTRUCTION OR OTHER USE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY DECLARED ABANDONED THE UTILITY EASEMENT IN BLOCK ONE, PORT AVENUE PROPERTIES, AND A CERTIFIED COPY OF THIS ORDINANCE SHALL BE EVIDENCE OF THE CITY'S ABANDONMENT OF SAID EASEMENT. SECTION 2. THERE IS HEREBY DECLARED ABANDONED AND OF NO FURTHER FORCE AND EFFECT THE RAILROAD EASEMENT IN SAID BLOCK ONE, PORT AVENUE PROPERTIES, AS SHOWN ON MAP OR PLAT OF SAID PROPERTIES, AND CERTIFIED COPY OF THIS ORDINANCE SHALL CONSTITUTE EVIDENCE OF SAID ABANDONMENT OF SAID RAILROAD EASEMENT. SECTION 3. THE NECESSITY FOR IMMEDIATE ABANDONMENT OF SAID EASEMENTS TO PERMIT USE OF SAID PROPERTY AS A UNIT, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 7181 . V OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE_ZJLDAY OF MARCH, 1964. MAYOR ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY J '/ APPROVED AS TO LEGAL FORM THIS U _DAY OF MARCH, 1964: CITY ATTORIlEY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS -J DAY OF �/ (�LL(� , 19_�l FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, ( R v THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.