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HomeMy WebLinkAbout11305 ORD - 02/07/1973• JRR:HG:e:2 /7/73:lst .y., AN ORDINANCE CLOSING THAT PORTION OF AN ALLEY WHICH RUNS BETWEEN LOT 1 AND A PORTION OF LOT 33, AND LOTS 36, 37 AND 38, AUSTIN ADDITION NO. 1 (THE PORTION HEREBY CLOSED BEING FROM PUEBLO STREET TO A POINT WHICH IS THE COMMON BOUNDARY LINE BETWEEN LOTS 36 AND 35, EXTENDED, IN SAID BLOCK 3); RETAINING THAT PORTION OF THE ALLEY WHICH RUNS BETWEEN A PORTION OF LOT 33, AND LOTS 34 AND 35 OF BLOCK 3 (THE PORTION RETAINED BEING FROM BALBOA STREET TO A POINT WHICH IS THE COMMON BOUNDARY LINE BETWEEN LOTS 35 AND 36, EXTENDED, IN SAID BLOCK 3); RESTRICTING SAID RETAINED PORTION OF THE ALLEY TO RESIDENT TRAFFIC, ONLY; RETAINING EASEMENTS FOR ALL EXISTING UTILITY AND SEWER LINES IN ALL OF SAID ALLEY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concerning the closing of a portion of an alley running between Lots 1 and 33, and Lots 34, 36 and 38, in Block 3, Austin Addition No. 1, 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 that portion of the alley proposed to be closed and within 450 feet of the area „to be closed, and thereafter, pursuant to said notice, public hearing was held at Regular Council Meeting by the City Council of the City of Corpus Christi on December 20, 1972, in accordance with the provisions of the City Charter; and WHEREAS, it was determined by the City Council after such hearing that a portion of the alley proposed to be closed is not needed now, nor will it be within the foreseeable future needed as a public alley, but easements for all existing utility and sewer lines are to be retained; and WHEREAS, it has been determined that it is to the advantage of the City to close a portion of the aforesaid alley, and retain a portion of said alley, but restrict the same to resident traffic, only: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 11305 SECTION 1. That that portion of the alley running between Lot 1 and a portion: -of Lot 33, and Lots 36, 37 and 38, all in Block 3, Austin Addition No. 1, in the City of Corpus Christi, Nueces County, Texas (being that portion from Pueblo Street to a point which is the common boundary line between Lots 36 and 35, extended, in said Block 3), be and the same is hereby closed for public use and abandoned to the abutting property owners, save and except the City of Corpus Christi hereby retains easements for all existing utility and sewer lines.. SECTION 2. That there is hereby retained, but restricted to resident traffic, only, that portion of the alley which runs between a portion of Lot 33 and Lots 34 and 35 of Block 3, Austin Addition No. 1 (the portion retained being from Balboa Street to a point which is the common boundary line between Lots 35 and 36, extended, in said Block 3). SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. The fact that the public convenience and necessity would be better served by the closing of a portion 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 but 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 0 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 February, 1973. ATTEST: / "/C"- City Se r t y APPROVED: 7TH DAY F FEBRUARY, 1973: "� � C�'ty &,Etorney 0 YOR r0 eiq a THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS . - DAY OF �✓. -Fly 7 19-2a 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; 11 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, YOR Pro•Tem THE CITY OF CORPUS CHRISTI,, TEXAS .. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING ^VOTE: - RONNIE SIZEMORE - CHARLES A. BONNIWELL ROBERTO BosQuEz, M.D. IV REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. V / J. HOWARD STARK / THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE] RONN I E S I ZEMORE . CHARLES A. BONNIWELL ROBERTO BOSQUE 2, M.D. - 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK /