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Home My WebLink About13690 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