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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. • �9e p y�o �� ° �.P,EEZEddi�✓ /JdE. C"MP3Cl?G ml 5T m .� P1001-705FI.J /JUS7 /,t/ .5T CLOS /NCB 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"