HomeMy WebLinkAbout11856 ORD - 12/26/1973• JRR:jkh:12- 21 -73; AMP •
AN ORDINANCE
CLOSING THE PUBLIC ALLEY THROUGH BLOCK 2 OF THE
SANTA ELENA ADDITION, BETWEEN HIDALGO AND ITURBIDE
STREETS; RETAINING EASEMENTS FOR ALL EXISTING
UTILITIES IN THE FULL WIDTH OF THE ALLEY; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing con-
cerning the closing of a public alley through Block 2 of the Santa Elena
Addition, between Hidalgo and Iturbide Streets, in the City of Corpus
Christi, Nueces County, Texas, was given by publicatim and mail to the
last known addresses of the owners of property abutting 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 19, 1973, in
accordance with the provisions of the City Charter; and
WHEREAS, it was determined by the City Council after such
hearing that a public alley, hereinabove described, proposed to be closed is
not needed now, nor with -iL De HiLL1LL L11C LVL= =e31V;Le ae«utc ugcucu ad a
public alley, but easements for all existing utility and sewer lines are
to be retained:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the public alley through Block 2 of the Santa
Elena Addition, between Hidaldo and Iturbide Streete, in the City of Corpus
Christi, Nueces County, Texas, be and the same is hereby closed for public
use and abandoned to the abutting property owners, save and except the City
hereby retains the full width of the alley as a utility easement.
In the event of any Court judgment determining that this closing
was not in all things valid or that the reservation of the utility easement
for the public by the City of Corpus Christi, it is an express condition of
this closing that the abutting owners will, in the event of such judgment,
hold the reverted property in trust_ for the public for utility purposes.
This closing is expressly conditioned upon, and is not effective without,
the foregoing condition to preserve the utility easement for the public and
the City of Corpus Christi.
11856
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 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 3. The fact that the public convenience and necessity
would be better served by the closing of the hereinabove described 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 requested the suspension of the Charter rule and that this ordinance
t4 za a: f "'ally on the date Cf itc introduction and __hc eFfcc*_ n!!- b° an
full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this,thday o£ .,-�k
ATTEST:
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
-kAD:
DAY
Corpus Christi, Texas
day of , 19,0
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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the fo lowing vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark