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HomeMy WebLinkAbout09638 ORD - 02/04/19702/x+/76: E AN ORDINANCE CLOSING AN ALLEY RUNNING NORTH AND SOUTH IN BLOCK 4, BOOTY AND ALLEN ADDITION IN THE CITY OF CORPUS CHRISTI, SEPARATING LOTS 1 THROUGH 11 AND LOTS 12 THROUGH 22 OF SAID BLOCK 4; RESERVING, HOWEVER, UTILITY EASEMENTS TO THE CITY FOR ALL UTILITIES; AND DECLARING AN EMERGENCY. WHEREAS, NOTICE OF THE TIME AND PLACE FOR HOLDING A HEARING CONCERNING THE CLOSING OF AN ALLEY RUNNING NORTH AND SOUTH, LOCATED BETWEEN BOOTY AND ELIZABETH STREETS, SEPARATING LOTS 1 THROUGH 11 AND LOTS 12 THROUGH 22, BLOCK 4, BOOTY AND ALLEN ADDITION, WAS GIVEN BY PUBLICATION AND REGISTERED MAIL TO THE LAST KNOWN ADDRESSES OF THE OWNERS OF PROPERTY ABUTTING SAID ALLEY AND WITHIN 450 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 WEDNESDAY, JANUARY 14, 1970, AT WHICH TIME A RECESS WAS DECLARED, SAID HEARING BEING CONTINUED AT REGULAR MEETING OF THE CITY COUNCIL ON WEDNESDAY, JANUARY 281 19701 IN ACCORDANCE WITH THE PROVISIONS OF THE CITY CHARTER; AND WHEREAS, IT WAS DETERMINED BY THE CITY COUNCIL AFTER SUCH HEARING THAT THE ALLEY ABOVE DESCRIBED IS NOT NOW NEEDED FOR ALLEY PURPOSES BUT WILL BE NEEDED FOR UTILITY PURPOSES), NOR WILL IT, WITHIN THE FORESEEABLE FUTURE, BE NEEDED AS A PUBLIC ALLEY; AND WHEREAS, IT HAS BEEN DETERMINED THAT IT IS TO THE ADVANTAGE OF THE CITY TO CLOSE THE ABOVE DESCRIBED ALLEY SO THAT THE SAME MAY BE USED BY THE ABUTTING PROPERTY OWNERS FOR OTHER PURPOSES; HOWEVER, THE CITY COUNCIL HAS DETERMINED IT IS NECESSARY TO RETAIN EASEMENTS FOR ALL UTILITIES: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE ALLEY RUNNING NORTH AND SOUTH BETWEEN BOOTY AND ELIZABETH STREETS, SEPARATING LOTS 1 THROUGH 11 AND LOTS 12 THROUGH 22, IN BLOCK 4, BOOTY AND ALLEN ADDITION IN THE CITY OF CORPUS CHRISTI, IS HEREBY CLOSED FOR PUBLIC USE AND ABANDONED TO THE OWNERS OF THE ABUTTING PROPERTY; HOWEVER, THERE IS EXCEPTED FROM SAID ABANDONMENT, THE RIGHT OF THE CITY OF CORPUS CHRISTI TO RETAIN AN EASEMENT FOR ALL UTILITIES. 9638 SECTION 2. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE BETTER SERVED BY THE CLOSING OF THE AFORESAID ALLEY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESO- LUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY 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 / DAY OF FEBRUARY, 1970. ATTEST: CITY SEC ET Y APPROVED: 4TH Q!>,Y OF FEARY, 1970; CITY AYTORNtY OA,6 Al YO THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas ay 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 etings of the City Council; I, herefore, resolution shall be read at three me request that you suspend said Charter rule or requirement and m ordi- nance finally on the date it is introduced, or at the present' meeting eeting o f the o City Council. Respectfully, :I R THE CITY OF CORPUS CHRISTI, TEXAS i The Charter rule was suspended b the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. j. J. "Wrangler" Roberts Jā€” Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. e Eduardo E. de Ases ā€” Ken McDaniel W. J. !'Wrangler" Roberts Ronnie Sizemore