HomeMy WebLinkAbout10543 ORD - 10/27/1971I AN ORDINANCE
CLOSING THE ALLEY LOCATED BETWEEN LOTS 1 THROUGH 8
AND 9 AND 10, BLOCK 9, BETWEEN THE BUSINESS AREA AND
RESIDENTIAL AREA, SOUTH PARK ADDITION, IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS; RESERVING THE
NECESSARY EASEMENTS FOR EXISTING UTILITIES; CONDITIONING
THE CLOSING ON APPLICANTS COMING TO AN AGREEMENT WITH
ABUTTING PROPERTY OWNERS WITH REFERENCE TO DISPOSITION
OF PROPERTY INVOLVED; PROVIDING FOR,THE CONSTRUCTION OF
A SIX -FOOT FENCE BETWEEN THE PROPERTIES, SAID FENCE TO
BE CONSTRUCTED AT THE EXPENSE OF THE ABUTTING PROPERTY
OWNER AND APPLICANT, DATSUN OF CORPUS CHRISTI, INC.;
AND DECLARING AN EMERGENCY.
WHEREAS, NOTICE OF THE TIME AND PLACE FOR HOLDING A HEARING
CONCERNING THE CLOSING OF AN ALLEY BETWEEN LOTS 1 THROUGH 8-AND 9 AND 10,
BLOCK % SOUTH PARK ADDITION, BETWEEN THE BUSINESS AREA AND RESIDENTIAL
AREA, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
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, FEBRUARY 17, 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
SAID ALLEY AS THAT PORTION OF THE ALLEY IS NOT NOW NEEDED FOR ALLEY l�
PURPOSES (BUT WILL BE NEEDED FOR UTILITY PURPOSES, NOR WILL IT, WITHIN
'a
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 PORTION OF SAID ALLEY SO THAT THE SAME
MAY BE USED BY THE ABUTTING PROPERTY OWNERS FOR OTHER PURPOSES; HOWEVER,
THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO RETAIN EASEMENTS
FOR ALL EXISTING UTILITIES:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE ALLEY LOCATED BETWEEN LOTS 1 THROUGH 8 I
AND 9 AND 10, BLOCK 9, SOUTH PARK ADDITION, BETWEEN THE BUSINESS AREA
AND RESIDENTIAL AREA, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
1-0543
COUNTY, TEXAS, IS HEREBY CLOSED FOR PUBLIC USE AND ABANDONED TO THE
APPLICANT AND OWNER OF ABUTTING PROPERTY, DATSUN OF CORPUS CHRISTI, INC.
SUBJECT TO THE HEREINAFTER PROVIDED CONDITIONS AND RESTRICTIONS.
SECTION 2. SAID CLOSING WILL NOT BE EFFECTIVE UNTIL DATSUN OF
CORPUS CHRISTI, INC. COMES TO AN AGREEMENT WITH OTHER ABUTTING PROPERTY
OWNERS WITH REFERENCE TO DISPOSITION OF THE PROPERTY INVOLVED; CONSTRUCTION
OF SOME TYPE OF CURB, EITHER CURB AND GUTTERS OR HEADER, SPECIFICATIONS OF
WHICH SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICE, AND
THE DIVERSION OF WATER FROM THE ALLEY TO DRAIN ACROSS PADRE ISLAND DRIVE
OR MERRIMAC STREET; AND CONSTRUCTION BY DATSUN OF CORPUS CHRISTI, INC. OF
A STANDARD SCREENING FENCE IN THE CENTER OF THE ALLEY. THERE IS HEREBY
RESERVED TO THE CITY OF CORPUS CHRISTI AN EASEMENT FOR ALL UTILITIES IN
THE FULL WIDTH OF THE RIGHT OF WAY OF THE SAID ALLEY, 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 3. 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 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 -�/V/1 DAY OF OCTOBER, 1971.
ATTEST:
- AL
CI Y SECRE AR MAYOR /-,A& 71-/7k
THE CITY OF CORPUS CHRISTI, TEXAS
A,7R VTD:
v� F DAY OF OCTOBER 1971
CIT ATTORNEY
CORPUS CHRISTI, TEXAS
,-:2'7W 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,
c—
MAYOR y Tc �JL
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL ✓ L(.. {$C�
ROBERTO BOSQUEZ ✓/ /( /��G��
REV. HAROLD T. BRANCH ✓ L. C.�- /C /,.C.LJ
THOMAS V. GONZALES
GABE LOZANO, SR.
J.` HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: 7/�,'
RONNIE SIZEMORE x / L/`�'
CHARLES A. BONNIWELL / / �Cl- f� -fJ-c
ROBERTb BOSQUEZ ✓ �-
REV. HAROLD T. BRANCH I�
THOMAS V. GONZALES
GABE LOZANO, SR. ✓ /f r( /,f /��
J. HOWARD STARK