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HomeMy WebLinkAbout11441 ORD - 04/04/1973• JRR:e:4 /3/73 AN ORDINANCE CLOSING AND ABANDONING THE 10 -FOOT UTILITY EASEMENT WHICH IS LOCATED IN LOTS 9 AND 10, BLOCK 1, LOTS 9 AND 10, AND LOTS 25 AND 26 OF BLOCK 2, AND LOTS 9 AND 10, BLOCK 3, IN BRIARWOOD SUBDIVISION UNIT 31 SUBJECT TO A TO A REPLAT AND DEDICATION OF AN ALTERNATE EASEMENT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 10 -foot easement which is located in Lots 9 and 10, Block 1, Lots 9 and 10 and Lots 25 and 26 of Block 2, and Lots 9 and 10, Block 3, all in Briarwood Subdivision Unit 3, as shown by map of record in Volume 38, pages 112 and 113 of the Map Records of Nueces County, Texas; and WHEREAS, it has been determined that it is to the advantage of the City to abandon the easement hereinabove described, provided an alternate easement is dedicated upon replat of this subdivision: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 10 -foot utility easement located in Lots 9 and 10, Block 1, Lots 9 and 10, and Lots 25 and 26 of Block 2, and Lots 9 and 10 of Block 3, all in Briarwood Sub- division Unit 3, as shown by map of record in Volume 38, pages 112 and 113 of the Map Records of Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose and abandoned to the owners of the abutting property, subject to the replatting of this property and the dedication of an alternate easement, in accordance with the laws of the State of Texas and for the service and interest of the inhabitants of the City of Corpus Christi, Texas. SECTION 2. 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 A441 section, paragraph, subdivision, clause, phrase, word, or pro- vision 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 3. The fact that the public convenience and necessity would be better served by the clo"sing,of the aforesaid easement creates a public emergency and imperative public neces- sity requiring the suspension of the Charter rule that no ordi- nance ',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 requested the suspension of the Charter rule and that this ordi- nance 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,e day of April, 1973. ATTEST• / 0 � A Cit Secret ry MAYOR THE CI OF US CHRISTI, TEXAS APPROVED: 4TH DAY Or APRIL, 1973: it Attorney CORPUS CHRISTI TEXAS .. C DA Y 0 F_ ��>' 9_:Z TO THE MEMBERS OF THE CITY COUNCIL �- _ CORE JS CHRISTIj 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 A S INTRODUCEDi 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. R LILLY, . • I 0 • MAYOR THE CITY OF Co CHRISTi,.TEXAS THE CHARTER RULE WAS SUSPENDED 3Y THE FOLLOWING VOTE: BONNIE SIZEMORE - CHARLES A. BONNIWE LL _. ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. ' J. HOWARD STARK v . THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING BONNIE SIZEMORE � CHARLES A. BONNIWELL ' ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK rJ •