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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