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HomeMy WebLinkAbout14093 ORD - 12/21/1977jkh:12- 24-77; 1st
AN ORDINANCE
CLOSING AUSTIN STREET BETWEEN CHAMBERLAIN AND ANGEL
STREETS WITH THE CLOSING TO BE EFFECTIVE UPON MODIFI-
CATION OF THE INTERSECTION AT EACH END OF THE PORTION
OF AUSTIN STREET BEING CLOSED TO REMOVE ANY SEMBLANCE
OF A PUBLIC STREET INTERSECTION IN ACCORDANCE WITH A
PLAN TO BE APPROVED BY THE DIRECTOR OF ENGINEERING AND
PHYSICAL DEVELOPMENT, REPLATTING OF BLOCK 609, PORT
ARANSAS CLIFFS AND THE MAKING OF ADEQUATE ARRANGEMENTS
WITH CENTRAL POWER AND LIGHT COMPANY AND SOUTHWESTERN
BELL TELEPHONE COMPANY TO PROTECT THEIR FACILITIES IN
THE STREET; AND DECLARING AN EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing
concerning the closing of Austin Street between Chamberlain and Angel Streets
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
portion of Austin Street proposed to be closed and thereafter, pursuant to
said notice, public hearing was held at Regular Council Meeting by the City
Council of the City of Corpus Christi on December 14, 1977, in accordance
with the provisions of the City Charter; and
WHEREAS, it was determined by the City Council after such hearing
that the said portion of Austin Street between Chamberlain and Angel Streets
proposed to be closed, is not needed now, nor will it be within the fore-
seeable future needed as public right of way; however, the closing is
to become effective upon modification of the intersection at each end of the _
portion of Austin Street being closed to remove any semblance of a public
street intersection in accordance with a plan to be approved by the Director
of Engineering and Physical Development, replatting of Block 609, Port
Aransas Cliffs, and the making of adequate arrangements with Central Power
and Light Company and Southwestern Bell Telephone Company to protect their
facilities in the street:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEYAS:
SECTION 1. That the portion of Austin Street between Chamberlain
and Angel Streets, situated in the City of Corpus Christi, Nueces County,
MICROFILMED
`JUL 0 '7 ¢`' ^
Texas, more particularly described as follows:
Being that portion of 90 -foot wide Austin Street
lying between Chamberlain Street and the intersection
of Angel Avenue and Breezeway Avenue, and more particu-
larly described by metes and bounds as follows:
Beginning at the point of intersection of the northerly
right -of -way line of Chamberlain Street and the easterly
right -of -way line of Austin Street, said point being
the southwest corner of Block 609, Port Aransas Cliffs,
as shown by map of record in Vol. A. pages 26 and 27,
Map Records, Nueces County, Texas, for the beginning
corner of the tract of land herein described;
Thence S. 710 25' 43" W., cross said Austin Street
a distance of 92.20 feet to the point of intersection
of the westerly right -of -way line of said Austin Street
and the northerly right -of -way line of said Chamberlain
Street as established by City Ordinance No. 1789, dated
April 10, 1945, which point bears S. 58° 54' W., 20.0
feet and N. 310 06' W., 20.0 feet from the southeast
corner of Block 709, abovementioned Port Aransas Cliffs;
Thence N. 31° 06' W. along the westerly right -of -way
line of said Austin Street a distance of 760.0 feet
to the point of intersection of the westerly right -of -way
line of said Austin Street and the southerly right -of -way
line of said Angel Avenue, which point bears S. 31° 06'
E., 20.0 feet and S. 580 54' W., 20.0 feet from the north-
east corner of said Block 709;
Thence S. 79° 28' E., cross said Austin Street a distance
of 120.42 feet to the point of intersection of the easterly
right -of -way line of said Austin Street and the southerly
right -of -way line of Breezeway Avenue as established by
abovementioned City Ordinance No. 1789;
Thence S. 310 06' E. along the easterly right -of -way line
of said Austin Street a distance of 700.0 feet to the place
of beginning and containing 65,700 square feet or 1.508 acres
more or less,
be and the same is hereby closed for public use and abandoned to the abutting
property owners subject to the following conditions:
1. Said closing is to become effective upon modification of
the intersection at each end of the portion of Austin Street being closed,
to remove any semblance of a public street intersection, in accordance
with a plan to be approved by the Director of Engineering and Physical
Development;
2. That Block 609, Port Aransas Cliffs, be replatted at the
expense of the abutting property owner; and
3. That the abutting property owner make adequate arrangements
with Central Power and Light Company and Southwestern Bell Telephone Company
to protect their facilities in the street proposed to be closed.
-2-
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 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 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 21st day of December, 1977.
ATTEST:
City Secretary
APPROVED:
20th DAY OF DECEMBER, 1977:
J. BRUCE AYCOICK, CITY ATTORNEY
BY X
Assistant Ci orney
MAYOR
THE CITY OF CORPUS CHRISTI. TEXAS
This ordinance is in ettect and
force with or without the
signature of the Mayor, in
accordance with Article II
section 6 of the City Charter.
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FrFOM /N 5 T P /F_ j TO
5c�4 � : / /00' /.JEC. 20, 1977
Corpus Christi exas
�Lday of , 1971
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
TYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby _
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
140-93"