HomeMy WebLinkAbout10535 ORD - 10/27/1971AN ORDINANCE
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CLOSING ALL OF MOORE STREET BETWEEN BLOCKS 3 AND 4,
AND 7 AND 8, SUNNYSIDE ADDITION, BEING SITUATED IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
RESERVING THE NECESSARY EASEMENTS FOR EXISTING
UTILITIES; CHARGING THE ABUTTING PROPERTY OWNERS WITH
THE RESPONSIBILITY FOR ELIMINATING ANY EXISTING STREET
OR STREET AREAS; AND THAT CURB, GUTTER.AND SIDEWALK
BE EXTENDED ACROSS THE EXISTING STREET AT ABUTTING
PROPERTY OWNERS' EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, NOTICE OF THE TIME AND PLACE FOR HOLDING A HEARING CON-
CERNING THE CLOSING OF MOORE STREET BETWEEN BLOCKS 3 AND 4, AND 7 AND 8,
IN SUNNYSIDE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
WAS GIVEN BY PUBLICATION AND REGISTERED MAIL TO THE LAST KNOWN ADDRESSES
OF THE OWNERS OR PROPERTY ABUTTING SAID PORTION OF MOORE STREET 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, OCTOBER 20,1971, IN ACCORDANCE WITH THE
PROVISIONS OF THE CITY CHARTER; AND
WHEREAS, IT WAS DETERMINED BY THE CITY COUNCIL AFTER SUCH HEARING
THAT IT WOULD BEST SERVE THE PUBLIC CONVENIENCE AND NECESSITY TO CLOSE
MOORE STREET FOR USE AS A PUBLIC STREET; AND
WHEREAS, IT HAS BEEN DETERMINED THAT IT IS TO THE ADVANTAGE OF
THE CITY TO CLOSE ALL OF MOORE STREET 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 EXISTING UTILITIES;
AND AS A FURTHER CONDITION, THE ABUTTING PROPERTY OWNERS SHALL BE RESPONSIBLE
FOR ELIMINATING ANY EXISTING STREET OR STREET AREAS,AND THAT CURES, GUTTERS
AND SIDEWALKS BE EXTENDED ACROSS THE EXISTING STREET AT ABUTTING PROPERTY
OWNERS' EXPENSE:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT MOORE STREET BETWEEN BLOCKS 3 AND 4, AND BLOCKS
7 AND 8, SUNNYSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, IS
HEREBY CLOSED FOR PUBLIC USE AS A PUBLIC STREET AND ABANDONED TO THE OWNERS
OF THE ABUTTING PROPERTY, SUBJECT TO THE HEREINAFTER PROVIDED CONDITIONS:
I
10535
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1. THAT ABUTTING PROPERTY OWNERS BE RESPONSIBLE FOR ELIMINATING
ANY EXISTING STREET OR STREET AREAS;
2. THAT CURBS, GUTTERS AND SIDEWALKS BE EXTENDED ACROSS THE
EXISTING STREET AT ABUTTING PROPERTY OWNERS' EXPENSE; AND
3. THAT AN EASEMENT FOR ALL UTILITIES IN THE FULL WIDTH OF THE
RIGHT OF WAY OF THE HEREINABO�VE DESCRIBED PORTION OF MOORE
STREET BE RETAINED AND RESERVED TO THE CITY, AND THIS
CLOSURE IS CONDITIONED ON SUCH RESERVATION BEING EFFECTED
AND PRESERVED.
IN THE EVENT ANY RESERVATION OF EASEMENT HEREIN MADE BY THIS
CLOSING IS NULLIFIED, INVALIDATED OR REVOKED BY ANY LEGAL AUTHORITY OR
BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, THIS CLOSURE IS
THEREBY VOIDED TO THE EXTENT OF SUCH REVOCATION OR INVALIDATION OF EASEMENT.
SECTION 2. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY
WOULD BE BETTER SERVED BY THE CLOSING OF THE AFORESAID STREET 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 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
.:4M.1 DAY OF OCTOBER, 1971.
ATTEST:
/X�V,m;, - � Z, -- -
CITY SECR TARj MAYOR r'kc
THE CITY OF CORPUS CHRISTI, TEXAS
ARPFtOUED:
_DAY OF OC OBER 1971:
'CI Y ATTORNEY ��
CORPUS CHRISTI, TEXAS
DAY OF tFitc_C 'F� 19-Z/
/
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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE y /l ASf [L
CHARLES A. BONNIWELL �ti�-
ROBERTO BOSaUEZ, M.D. _l4 -C_---
REV. HAROLD T- BRANCH f LC,.(+ // "� /1.0 ,✓
THOMAS V. GONZALES- c //' //��(�L�, -/
GABE LOZANO, SR. ✓ !% /C.{�////4��Jy.t�
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE 1� CC•I.(.�C
CHARLES A. BONNIWELL CL-1-
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES ✓ yj* y�-
GABE LOZANO, SR. ✓ CC J� -C%�
J. HOWARD STARKy��