HomeMy WebLinkAbout13529 ORD - 12/15/1976jkh:12 -8 -76; 1st
AN ORDINANCE
CLOSING HIAWATHA STREET, FROM OLD BROWNSVILLE ROAD TO
MORGAN AVENUE, SUBJECT TO RETENTION OF THE ENTIRE
RIGHT OF WAY, SAVE AND EXCEPT FOR THE WEST 10 FEET OF
THE SAID TRACT, FOR USE AS A UTILITY EASEMENT; PROVIDING
FOR SEVERANCE; AND DECLARING AN EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing con-
cerning the closing of a portion of Hiawatha Street, from Old Brownsville
Road to Morgan Avenue, was given by publication and mailed to the last known
address of the owners of property abutting said streets and within 450 feet
of the area to be closed and thereafter, pursuant to said notice, public
hearing was held at Regular Council Meeting of the City Council of the City
of Corpus Christi on Wednesday, November 17, 1976, 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
portion of Hiawatha Street from Old Brownsville Road to Morgan Avenue, more
particularly described hereinafter, for use as public streets,and that -
same revert to the abutting property owner of Lot 15, as shown on Exhibit
"B ", attached hereto, subject to "retention by the City of the entire right
of way for utility easement save and except for the west 10 feet:
NOW, THEREFORE, BE IT "ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the portion of Hiawatha Street, from Old Brownsville
-Road to Morgan Avenue, in the City of Corpus Christi, Nueces County, Texas,
more particularly described hereinafter, be and the same is hereby closed
for use as a public street and hereby reverts to the abutting property owner
of Lot 15, as shown on Exhibit "B ", attached hereto, subject to retention
by the City of the entire right of way for utility easement save and
except for the west 10 feet, said area to be closed being more particularly
described as follows:
MICROFILMEO
X3529 JUN 3x11980
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Being a 4,029.3 square feet of land and being all of Hiawatha
Avenue laying between Morgan Avenue and Old Brownsville Road,
said tract of land being more particularly described by metes
and bounds as follows:
Beginning at a point, the northeast corner of Lot 15, Block 12,
Austin Addition as shown by map of record in Volume 9, page 25,
Map Records, Nueces County, Texas, said point being at the
intersection of the south right of way line of 80 -foot wide
Morgan Avenue and the west right of way line of 50 -foot wide
Hiawatha Avenue for the northwest corner of the tract herein
described;
Thence N. 71° 32' E., with the easterly extension of the south
right of way line of said Morgan Avenue across said Hiawatha
Avenue, a distance of 52.27 feet to a point in the east right
of way of said Hiawatha Avenue for the northeast corner of the
tract herein described;
Thence S. 1° 30' 30" E., with the east right of way line of
said Hiawatha Avenue, a distance of 69.82 feet to a point
in the north right of way line of said 60 -foot wide Old
Brownsville Road for the southeast corner of the tract herein
described;
Thence S. 52° 09' W., with the westerly extension of the
north right of way line of said Old Brownsville Road, a
distance of 62.07 feet to a point, the southeast corner
of said Lot 15, for the southwest corner of the tract
herein described;
Thence N. 1° 30' 30" W., with the east line of said Lot 15,
a distance of 91.35 feet to the point of beginning,
' Containing 4,029.3 square feet of land, more or less.
i
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. That the fact that the public convenience and necessity
would be better served by the closing of the aforesaid street, within the
limits defined, 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
-2-
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 1<� day of December, 1976.
ATTEST:
City "Secretll'ry
APPROVED:
8th DAY OF DECEMBER, 1976:
J. BRUEAYCOOCK, P CI ATTORNEY
By_ ;�
Assistant CitUttorney
MAYOR
T E CITY OF CORPUS CHRISTI, TEXAS
12
UAgXHIQIT F3LE: I's s 401.
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CORPUS CHR 13T 1 , //TEEXXA/AS
AY OF OV -� , 1976
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 EX13T FOR THE 3U3PEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RE30LUTION SHALL
BE PASSED FINALLY ON THE DATE IT 13 INTRODUCED AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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
(�;" - , z = Z-1-11
MAYOR A5�1
THE CITY OF CORPUS CHRIST r TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JA30N LUBY
DR. BILL TIPTON
EDUARDO OE ASE3
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON a4l 0
EDUARDO DE ASES
li-
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE