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HomeMy WebLinkAbout12386 ORD - 12/11/1974MLM:e:12 /11/74 1st AN ORDINANCE AMENDING ORDINANCE 12171 CLOSING PART OF KAY STTEET, BEING AN UNIMPROVED 25 -FOOT WIDE STRIP EXTENDING 420 FEET WEST FROM CARROLL LANE BETWEEN COPUS AND HOUSTON STREETS; PROVIDING RETENTION OF AN EASEMENT OF PEDESTRIAN ACCESS; PROVIDING CONDITIONS OF MAINTENANCE; PROVIDING FOR CONSTRUCTION OF A CONCRETE WALKWAY; PROVIDING FOR RESTRICTIONS WITH REGARD TO SAID EASEMENT; PROVIDING PUBLIC HOUSING USE RESTRICTIONS AND RIGHT OF REENTRY; PROVIDING FOR SEVERABILITY; AND DECLAR- ING AN EMERGENCY. • WHEREAS, notice of the time and place for holding a hearing concern- ing the closing of a portion of Kay Street, being an unimproved 25 -foot wide strip extending 420 feet west from Carroll Lane between Copus and Houston Streets, in the City of Cropus Christi, Nueces County, Texas, was given by publication and mailed to the last known address of the owners of property abutting said 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, the 22nd day of May, 1974, 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 the street within the limits hereinabove set forth for use as a public street: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Ordinance No. 12171 is hereby amended to read as follows: SECTION 1. That Kay Street, being an unimproved 25 -foot wide strip extending 420 feet west from Carroll Lane between Copus and Houston Streets, in the City of Corpus Christi, Nueces County, Texas, be and the same is hereby closed for use as a public street and hereby reverts to the abutting property owners from which this 25 -foot wide strip was carved; provided, however, an ease- ment of pedestrian access is hereby retained on a 10 -foot width and dedicated to the public forever, said 10 -foot width being as shown on the plat attached hereto, marked Exhibit A. and incorporated herein for all pertinent purposes. Provided further that the closure of the entire 25 -foot width of Kay Street is effective so long as a portion of the abutting property is first used for public housing purposes in which the Housing Authority of the City of Corpus Christi has participated, and that upon failure of said use this closure shall become void and the title to said property shall revert to the City of Corpus Christi, its successors and assigns, who shall have the right to reenter and repossess itself of same. Provided, further, that the closure of the entire 25 -foot width portion of Kay Street shall be effective only so long as: 1. In no case shall there be parallel buildings, fences, walls or hedges less than 25 feet apart in which this 10 -foot pedestrian access easement is located; 2. The abutting property owner or owners maintain said easement; and 3.• A 4 -foot concrete sidewalk be constructed in the easement by and at the expense of the property owner. Said concrete side- walk shall be constructed within a reasonable time. 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 the 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 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the t day of December, 1974. ATTES ' A157 s y Secretary MAYOR T E CITY OF CORPUS CHRISTI, TE APPROVED: DAY OF D ER, 1974: t''c• ASST„ ty Attorn y Corpus Christi, Texas day of 19� 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, TE 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 following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark