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HomeMy WebLinkAbout12513 ORD - 03/05/1975MLM:jkh:3 -3 -75; 1st AN ORDINANCE CLOSING THAT PORTION OF GATEWAY DRIVE BETWEEN O'CONNELL AND NAGLE STREETS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE RETENTION OF THE FULL WIDTH OF THE STREET AS A DRAINAGE EASEMENT UNTIL PROVISIONS FOR CON- TINUOUS DRAINAGE CAN BE RESOLVED WITH THE ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concerning the closing of a portion of Gateway Drive, between O'Connell and Nagle Streets, in the City of Corpus 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, January 22, 1975, 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, and more fully described hereinafter, for use as a public street, subject to the retention by the City of the full width of the street as a drainage easement until provisions for continuous drainage can be resolved with the abutting property owners: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the hereinafter described portion of Gateway Drive, between O'Connell and Nagle Streets, in the City of Corpus Christi, Texas, be and the same is hereby closed for use as a public street and hereby reverts to the abutting property owners, subject to the retention by the City of the full width of the street as a drainage easement, until provisions for continuous drainage can be resolved with the abutting property owners. 12513 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 aforesaid street creates a public emergency and an imperative public necessity requiring the suspen- sion of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolu- tion shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity 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 5 day of March, 1975. ATTEST: 'City Zeal Secretary MAYOR o=Tem CITY OF CORPUS C ISTI, TEXAS APPR E0: . DAY OF MARCH. 1975: City Att y Corpus Christi, Texas co 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 BO.TOAy T CITlT OF CORPUS CHR STI, 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 following vote: Jason Luby James T. Acuff Rev.'Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark