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HomeMy WebLinkAbout10814 ORD - 04/19/1972JRR:jkh:ml:4- 12- 72;2nd AN ORDINANCE CLOSING THAT PORTION OF ANTELOPE STREET, LYING BETWEEN THE EAST RIGHT OF WAY OF AZALEA DRIVE AND THE EAST LINE OF DRISCOLL VILLAGE SUBDIVISION, BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, CONDITIONED UPON THE CITY'S RETENTION OF UTILITY EASEMENTS AND /OR THE ESTABLISHMENT OF PUBLIC STREET AND UTILITY EASEMENTS ENTIRELY AT THE EXPENSE OF THE DEVELOPER - APPLICANT FOR SAID CLOSING, REMOVAL OF ALL SEMBLANCE OF A STREET, AND CONSTRUCTION OF CURB AND GUTTER ACROSS THE FRONT OF THE PROPERTY ON AZALEA DRIVE; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing con- cerning the closing of a portion of Antelope Street lying between the east right of way of Azalea Drive and the east line of Driscoll Village Subdi- vision, 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 portion of Antelope 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, April 5, 1972, in accordance with the provi- sions 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 that portion of Antelope Street hereinabove set forth for use as a public street; _ and WHEREAS, it has been determined that it is to the advantage of the City to close that portion of Antelope Street lying between the east right of way of Azalea Drive and the east line of Driscoll Village Subdivision so that the same may be used by the abutting property owners for other purposes; however, existing utility easements shall be retained, all semblance of a street shall be removed, and curbs and gutters and all necessary, as judged by the City, public easements shall be obtained, conveyed to City and con- structed across the front of the property on Azalea Drive at the developer - property owners' expense; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That that portion of Antelope Street lying between the east right of way of Azalea Drive and the east line of Driscoll Village Subdivision be and the same 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: 1. Sidewalks and curbs will be paid for at the expense of developer - applicant for the closing and this closing is made subject to the establishment of and /or the retention of all necessary public street and utility easements; and 2. All semblance of a street, as pertains to that portion of Antelope Street being closed, shall be removed at the expense of the owners of abutting property. In the event any reservations 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, and for such purpose, this ordinance is hereby declared severable. 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 day of April, 1972. ATTEST: t J m ` � n City Secre ar� MAYOR A THE CITY OF CORPUS STI, TEXAS PR(1 D DAY 0 APRIL, City Attorney U CORPUS CHRISTI, TEXAS �7 /941DAY OF�' ,9 /.ZJ 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 15 INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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. PECT ULLY, J C O MAYOR THE CITY OF COR HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOS4UEZ) M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GaABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VO Ei, RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. (.� /'. ,. "• 3L 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK " JRR:jkh:ml:4- 12- 72;2nd AN ORDINANCE CLOSING THAT PORTION OF ANTELOPE STREET, LYING BETWEEN THE EAST RIGHT OF WAY OF AZALEA DRIVE AND THE EAST LINE OF DRISCOLL VILLAGE SUBDIVISION, BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, CONDITIONED UPON THE CITY'S RETENTION OF UTILITY EASEMENTS AND /OR THE ESTABLISHMENT OF PUBLIC STREET AND UTILITY EASEMENTS ENTIRELY AT THE EXPENSE OF THE DEVELOPER - APPLICANT FOR SAID CLOSING, REMOVAL OF ALL SEMBLANCE OF A STREET, AND CONSTRUCTION OF CURB AND GUTTER ACROSS THE FRONT OF THE PROPERTY ON AZALEA DRIVE; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing con- cerning the closing of a portion of Antelope Street lying between the east right of way of Azalea Drive and the east line of Driscoll Village Subdi- vision, 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 portion of Antelope 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, April 5, 1972, in accordance with the provi- sions 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 that portion of Antelope Street hereinabove set forth for use as a public street; _ and WHEREAS, it has been determined that it is to the advantage of the City to close that portion of Antelope Street lying between the east right of way of Azalea Drive and the east line of Driscoll Village Subdivision so that the same may be used by the abutting property owners for other purposes; however, existing utility easements shall be retained, all semblance of a street shall be removed, and curbs and gutters and all necessary, as judged by the City, public easements shall be obtained, conveyed to City and con- structed across the front of the property on Azalea Drive at the developer - property owners' expense; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: /a X 4- SECTION 1. That that portion of Antelope Street lying between the east right of way of Azalea Drive and the east line of Driscoll Village Subdivision be and the same 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: 1. Sidewalks and curbs will be paid for at the expense of developer - applicant for the closing and this closing is made subject to the establishment of and /or the retention of all necessary public street and utility easements; and 2. All semblance of a street, as pertains to that portion of Antelope Street being closed, shall be removed at the expense of the owners of abutting property. In the event any reservations 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, and for such purpose, this ordinance is hereby declared severable. 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 day of April, 1972. ATTEST: a Z-1 ' m )n City secre•ary i/ MAYOR // THE CITY OF CORPUS STI, TEXAS APPROVED: l.Z DAY 0 APRIL, City Attorney CORPUS r/nCHRISTI, /TEXXALS, a 7 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 INTRODUCED1 OR AT THE PRESENT MEETING OF THE CITY COUNCIL. PECT ULLY, / C � MAYOR THE CITY OF COR HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL 1�_ ` ROBERTO BOS.eUEZ, M.D. - REV. HAROLD T. BRANCH THOMAS V. GONZA LES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZl M.D. 41�1 REV. HAROLD T. BRANCH THOMAS V. GONZALES ' GABE LOZANO, SR. J. HOWARD STARK