HomeMy WebLinkAbout13690 ORD - 03/02/1977ikh:3 -2 -77; 1st
AN ORDINANCE
CLOSING THE ALLEY LOCATED BETWEEN LOT 7, PHILLIPS 66
ADDITION, AND LOTS 6, 7 AND 8, BLOCK 5, ROOSEVELT
PLACE ADDITION, SUBJECT TO RETENTION OF THE WIDTH OF
THE ALLEY FOR A UTILITY EASEMENT, SUBJECT TO THE
CONDITIONS HEREINAFTER PROVIDED; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing
concerning the closing of an alley located between Lot 7, Phillips 66
Addition, and Lots 6, 7 and 8, Block 5, Roosevelt Place Addition, in the
City of Corpus Christi, Nueces County, Texas, was given by publication 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 thereafte^,pursuant to said notice, public hearing was held at Regular
Council Meeting by the City Council of the City of Corpus Christi on
February 23, 1977, in accordance with the provisions of the City Charter;
and
L -
WHEREAS, it was determined by the City Council after such hearing
that the public alley hereinabove described, proposed to be closed is
not needed now, nor will it be within the foreseeable future needed as
public alley, but easements for all existing utility easements are to be
retained, subject to conditions hereinafter set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the public alley located between Lot 7, Phillips 66
Addition, and Lots 6, 7 and 8, Block 5, Roosevelt Place Addition, 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 that the City hereby retains the width of the said alley for
utility easements, unless the abutting property owners pay for the cost
of relocating the water line in the alley, in which case a utility easement
shall be retained only in the west 17 feet of the alley. The closing shall
not be effective until a fence is constructed prohibiting traffic from
the portion of the alley being closed and abutting property and adjacent
property thereto in common ownership at the time of closing to the remaining
alley in the block in a manner approved by the Director of Traffic and
1360
MICROFILMED; ll �P 0 71980
0.'. , . ".. •
Transit and the Director of Engineering and Physical Development.
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
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_AA4 day of March, 1977.
ATTEST:
City Secretary MAYORPw TeM
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
2nd DAY OF MARCH, 1977:
J. B UCE AYCOCK, /TjYY ATTORNEY
BY
Assistant C 'y Attor y
•
•
CORPUS CHRISTI, TEXAS
aad DAY OF , 19.Z7
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; 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,
MAYOR pl®:
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON rill
EDUARDO DE AGES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
Legal No#ice
To be published in LA VERDAD
February` 18, 1977.
WOMCE 01"PUBLIC HEARING
WHEREAS, application having
been filed with the City Council-of
the City of Corpus Christi, Texas,
requesting the closing and abendon-
meht of a parcel of land, herein-
after described within the City of
Corpus Christi. Texas:` .
WHEREAS, the City Council at
its regular meeting of the 9th day
of February, 1977 did authorize
publication of notice of public hear-
Ing before the City Council to con-
sider such closing and abandon-
ment:
NOW, THEREFORE, NOTICE IS
HEREBY GIVEN THE PUBLIC:
That a public hearing on said
application for the closing and
abandonment of
The alley located between
Lot 7, Phillips 88 Adlifflon,
and Lots 8, 7 & 8, Block- 5,-
Roosevelt Place Addition.
located generally between
Port Avenue, Baldwin Bou-
levard and Cleo and Francis
Streets, Nueces County, Tex -
will W) held by the City Coun
�. in tl...ticd`cll Chamber of the City
Hall in the City of Corpus Christi,
Texas, on, the,. 23rd day of Februa-
i'' ry, 1977, during the Regular Coun-
o Meeting convening at 2:00
oclock, p.m., at which time and
place all persons and parties and/or
their agents interested in the.aban.
donment of said property may or
pear and be heard by the said City
Council.
GIVEN UNDER MY HAND AND
SEAL of the City of Corpus. Christ,
Texas, this lOtb day of February,'
1977.
(S) EDNA PiEIICE
Edna Pierce, Asst. City Secretary
City of Corpus Christi, Texas
I (SEAL)
County of Noce.
The State of Texas
Publisher's Affidavit
BEFORE ME, the undersigned authority, on this day, personally appeared
Santos de Is Paz, who on his oath stated: I am the Editor of LA VERDAD,
a newspaper publisher in Nueces County, Texas, and know the facts stated
in this affidavit.
The above printed matter is a true and correct printed copy of the
publication of the citation of which it purports to be a copy, as the same
appeared in such newspaper in the respective issues of
a. 1 A. D. 197-1
The charge of the publisher of such newspaper for such
+e
publication befog 9 Do
Samos da to Pas
Suacrlbed and sworn to before me by the said
t �
Santos de is Paz, editor this � day A.D. 1972
JOSE GIIADALU,1 T — �rhlic in and for
Narns9 t�bac, i� a„a �o• Nuemr C
Nueces County, Texas
FEB 1977
OFFICE
r cv THE
u`1_ Q;1TY SECRETARY ^�L