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HomeMy WebLinkAbout10535 ORD - 10/27/1971AN ORDINANCE r 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 .. u, r:. 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��