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Home My WebLink About09455 ORD - 08/06/1969IMS:JKH:8 -6 -69 AN ORDINANCE CLOSING A PORTION OF 18TH STREET, SOUTH OF THE RIGHT OF WAY LINE OF MORGAN STREET, CONDITIONED UPON THE EXECUTION OF AN AGREEMENT WITH THE ABUTTING PROPERTY OWNERS, A COPY OF WHICH AGREEMENT IS AT- TACHED HERETO AND MADE A PART HEREOF, AND SUBJECT TO RETENTION BY THE CITY OF THE FULL RIGHT OF WAY FOR A UTILITY EASEMENT; AND DECLARING AN EMERGENCY. WHEREAS, NOTICE OF THE TINE AND PLACE FOR HOLDING A HEARING CONCERNING THE CLOSING OF A PORTION OF 18TH STREET WAS GIVEN BY PUBLICA- TION AND REGISTERED MAIL TO THE LAST KNOWN ADDRESSES OF THE OWNERS OF PROPERTY ABUTTING SAID PORTION OF 18TH STREET AND WITHIN 45O FEET OF THE AREA TO BE CLOSED, AND THEREAFTER, PURSUANT TO SAID NOTICE, PUBLIC HEARING WAS HELD AT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON JULY 9, 1969, IN ACCORDANCE WITH THE PROVISIONS OF THE CITY CHARTER; AND WHEREAS, IT WAS DETERMINED BY THE CITY COUNCIL AFTER SUCH HEARING THAT THE PORTION OF 18TH STREET, SOUTH OF THE RIGHT OF WAY LINE OF MORGAN STREET, IS NOT NOW NEEDED FOR STREET PURPOSES (BUT WILL BE NEEDED FOR UTILITY PURPOSES) NOR WILL IT BE WITHIN THE FORESEEABLE FUTURE NEEDED AS A PUBLIC STREET; AND WHEREAS, IT HAS BEEN DETERMINED THAT IT IS TO THE ADVANTAGE OF THE CITY TO ABANDON THE SAID PORTION OF 18TH STREET FOR STREET PURPOSES SO THAT THE SAME MAY BE USED BY THE ABUTTING PROPERTY OWNERS FOR OTHER PURPOSES; PROVIDED, HOWEVER, THAT THE CITY COUNCIL HAS DETERMINED TO RETAIN THE FULL RIGHT OF WAY FOR A UTILITY EASEMENT, SUBJECT TO THE CONSTRUCTION OF A CONTINUOUS CURB TO BE PLACED ACROSS THE AREA CLOSED SO THAT NO ENTRANCE MAY BE MADE TO THE AREA EXCEPT BY DRIVEWAYS APPROVED BY THE CITY, AND TO ELIMINATE ALL OF THE EVIDENCE OF THE FORMER STREET, ALL TO BE PERFORMED AT THE EXPENSE OF THE ABUTTING PROPERTY OWNER: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE PORTION OF 18TH STREET, SOUTH OF THE RIGHT OF WAY LINE OF MORGAN STREET BE, AND THE SAME IS HEREBY, CLOSED FOR PUBLIC 9455 STREET USE AND ABANDONED TO THE OWNERS OF THE ABUTTING PROPERTY; HOWEVER, THE CITY COUNCIL HAS DETERMINED TO RETAIN THE FULL RIGHT OF WAY FOR A UTILITY EASEMENT, SUBJECT TO EXECUTION OF AN AGREEMENT BY THE ABUTTING PROPERTY OWNERS AND REPLATTING OF THE AREA, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE BETTER SERVED BY THE CLOSING OF THE PORTION OF THE STREET AS AFORESAID CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 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 EMER- GENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE 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 ORDAINED, THIS THE &-,-/ J DAY OF AUGUST, 1969. ATTEST: / 'k-- C Y SECRET I'IAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ,_DAY OF AUGUST, 1969: CITY ATTOR EY THE STATE OF TEXAS Q COUNTY OF NUECES Q WHEREAS, A PUBLIC HEARING HAS BEEN HELD ON THE MATTER OF CLOSING A PORTION OF 18TH STREET, SOUTH OF THE RIGHT OF WAY LINE OF MORGAN STREET, WITH RETENTION OF A UTILITY EASEMENT ON SAID AREA, AND THE CITY COUNCIL HAS REQUESTED THE PREPARATION OF AN ORDINANCE EFFECTUATING THIS CLOSING, CONDITIONED UPON THE EXECUTION OF THIS AGREEMENT: I THAT A CONTINUOUS CURB WILL BE PLACED ACROSS THE AREA CLOSED TO THE EFFECT THAT NO ENTRANCE TO THE AREA CAN BE MADE EXCEPT BY DRIVEWAYS APPROVED BY THE CITY. II THAT THE PROPERTY OWNERS NOW ABUTTING THIS AREA AND TO WHOM THE SAID CLOSED AREA WILL REVERT BY THE CLOSING OF SAID PORTION OF 18TH STREET WILL REPLAT THIS AREA IN CONNECTION WITH THE ARIITTINC. PROPERTY �9 ELIMINATE ALL OF THE EVIDENCE OF THE FORMER STREET, AND PERMIT THE CITY TO RETAIN SAID AREA AS A UTILITY EASEMENT FOR ALL PUBLIC UTILITIES AND STORM DRAINAGE INSTALLATIONS; AND PROMPTLY ON THE EXECUTION OF THIS AGREEMENT WITH THE PROPERTY OWNERS, THE CITY WILL ADOPT SAID ORDINANCE OFFICIALLY CLOSING SAID PORTION OF 18TH STREET, AS SHOWN ON THE PLAT ATTACHED HERETO. THIS AGREEMENT SHALL CONSTITUTE A COVENANT RUNNING WITH THE LAND. WITNESS OUR HANDS THIS THE DAY OF AUGUST, 1969. B. W. BELL TEXACO, INC. ATTEST: BY SECRETARY LOCAL UNION NO. 1423 OF THE UNITED ATTEST: BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA SECRETARY BY ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF AUGUST, 1969: CITY ATTORNEY THE STATE OF TEXAS Q COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED B. W. BELL, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF AUGUST, 1969. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , OF TEXACO, INC., KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID TEXACO, INC., A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY crAUGUST, 1969. NOTARY PUBLIC IN AND FOR COUNTY, TEXAS THE STATE OF TEXAS $ COUNTY OF NUECES I BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , OF LOCAL UNION NO. 1423 OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND I� ACKNOWLEDGED TO ME THAT THE SAME MS THE ACT OF THE SAID LOCAL -UNION NO. 1423 OF THE UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH LOCAL UNION NO. 123 OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. NOTARY.PUBLIC IN AND FOR NUECES COUNTY, TEXAS —2— THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED, AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF AUGUST, 1969. NOTARY PUBLIC IN AND FOR NUECESCOUNTY, TEXAS r I 11 Iv VA CT I WORD ST 1.3 144 10 Ln LO CRAI G ST. 14 . . ................... ------------ le ------- ul 19 , 11 M r C3 CO IS, I 11 Iv C3 CO IS, Corpus Christi, Te as day of , 19� 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, r YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ''Wrangler" Roberts Ronnie Sizemore