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Home My WebLink About09342 ORD - 04/09/1969H` l d AN ORDINANCE CLOSING THAT PORTION OF THE ALLEY ABUTTING ON THE REAR OF LOTS FIVE, SIX, SEVEN AND EIGHT IN WA'T'ER. BLOCK FIVE, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, IN NUECES COUNTY, TEXAS AND RELEASING RIGHTS RESERVED TO THE CITY OF CORPUS CHRISTI IN ORDINANCE NO. 5059 TO USE THE ALLEY ABUTTING LOTS ONE, TWO, THREE, FOUR, NINE, TEN, ELEVEN AND TWELVE BELOW THE SURFACE AND TO A HEIGHT OF FIFTEEN FEET ABOVE THE SURFACE FOR THE NEEDS OF THE CITY UTILITY DEPARTMENT, CITY GARBAGE COLLECTION DEPARTMENT AND FOR THE CITY FIRE AND POLICE DEPARTMENTS; AND REQUIRING THE OWNERS OF ABUTTING LOTS TO PAY THE COST OF RE- LOCATING UTILITY LINES; AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Corpus Christi u has been petitioned that all that portion of the alley abutting on the rear of Lots Five (5), Six (6), Seven (7) and Eight (8), in Water Black Five (5), Beach Portion of the City of Corpus Christi in Nueces County, Texas, be closed and that the City of Corpus Christi release the rights reserved to it in Ordinance No. 5059, adopted June 11, 1958, to use the alley below the surface for utility installation, operation and maintenance and to use the alley above the surface to a height not exceeding fifteen feet (151) above the surface of the ground or any sur- face placed on the ground in any building construction, for needs of the city utility department, city garbage collecting department and the city fire and police departments; and WHEREAS, t C ty Council at its regular meeting on the day of p�� 6g, authorized publication of notice of public hearing beYo3ce he City Council to consider such clos- ing of said alley; and WHEREAS, notice of the proposed closing of the said alley has been given by publication and also by mail to the last known address of all owners abutting said alley and within four hundred fifty feet (4501) therefrom, in accordance with the Charter of the City of Corpus Christi, as provided for under Article II, Section 6 thereof; and -1- r` WHEREAS, in accordance with the notice given as above set out, a public hearing was held by the City Council of the City of Corpus Christi, at 2:00 o'clock P.M. on the 9th day of April, 1969, in the City Council Chamber at the City Hall; and WHEREAS, the public safety, welfare, convenience and necessity will be better served by the closing of said alley and the release of rights reserved to the City of Corpus Christi in the said Ordinance No. 50593 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That all of that portion of the alley in Water Block Five (5), Beach Portion of the City of Corpus Christi, Nuecds County, Texas, abutting on the rear of Lots Five (5), Six (6), Seven (7) and Eight (8} in said Water Block Five (5), Beach portion of the said City, be, and the same is, hereby closed to the public. SECTION 2. That the City of Corpus Christi hereby releases and relinquishes all right, title and interest in and to all of the alley in Water Block Five (5 )s Beach Portion of the City of Corpus Christi to the property owners abutting said alley and the same shall revert to said owners. Such release includes all rights reserved to the City of Corpus Christi in Ordinance No. 5059 to use certain portions of the alley for certain pur- poses as is set out in said ordinance. SECTION 3. That all utility lines now located in the said alley in Water Block Five (5), Beach Portion of the City of Corpus Christi, be relocated around the perimeter of the said block at the cost and expense of the owners of the lots abutting the alley in said block and that, prior to such relocation, the said pwners file with the City Secretary an acknowledgment in writing that they assume and agree to pay the cost and expense of such utility line relocations. -2- SECTION 4. The fact that public convenience and necessity will be better served by the closing of said alley as a public alley and the release of the reservations here- tofore reserved to the City in Ordinance No. 5059, creates a public emergency and a public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolu- tion shall be passed finally on the date it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended and that this ordinance 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 ORDAINIEDI PASSED AND APPROVED this day of ` 1969. ^ a or, y Corpus s , Texas ATTEST: Ecr to APPROVED AS TO LEGAL FORM: ty Attorney , -3- CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI,, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, A R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPEND D BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, pd R. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. (% KEN MCDANIEL x W. J. "WRANGLER" ROBERT S// THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V V. A. "DICK" BRADLEY, .dR: P. JIMENEZ, JR., M.D. r GABE LOZANO, SR. l KEN MCDANIEL W. J. 'WRANGLER" ROBERTS"/ S%