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Home My WebLink About14247 ORD - 03/29/1978jkh:3- 29 -78; 1st AN ORDINANCE REPEALING ORDINANCE NO. 14093; CLOSING AUSTIN STREET - BETWEEN CHAMBERLAIN AND ANGEL STREETS SUBJECT TO CERTAIN CONDITIONS, MORE FULLY SET FORTH HEREINAFTER; 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 March 22, 1978, 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 now needed, nor will it be within the fore- seeable future needed as public right of way; however, the closing is to become effective upon certain conditions being performed, as more fully set forth hereinafter: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 14093 be and the same is hereby repealed in its entirety. SECTION 2. That the portion of Austin Street between Chamberlain and Angel Streets, situated in the City of Corpus Christi, Nueces County, Texas, more fully described as follows: Being that portion of 90 -foot wide Austin Street lying between Chamberlain Street and the intersec- tion of Angel Avenue and Breezeway Avenue, and more particularly 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; - MicROF��MEo 14247 `JUL 0 7 TSO Thence S. 71° 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. 31° 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. 58° 54' W., 20.0 feet from the north- east corner of said Block 709; Thence S. 70° 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. 31° 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; 3. That the abutting property owner make adequate arrangements with Central Power and Light Company and-Southwestern Bell Telephone Company regarding their facilities in the portion of Austin Street being closed; 4. That a pedestrian right of way be retained with a hard surface being located within the existing right -of -way, or in lieu thereof, the abutting property owner may provide a substitute pedestrian right -of- way with a hard surface generally running from Angel Drive near Austin Street to Chamberlain Street near Austin Street; and 5. That the existing catch basins in the portion of Austin Street being closed are to remain open unless replaced by the abutting property owner with facilities of at least equal capacity. -2- y SECTION 3. 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 4. The fact that the public convenience and necessity . would be better served by the closing of the hereinabove described street, within thelimits defined, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance 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 intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 29th day of March, 1978. ATTEST: . ty Secretary MAYOR THE C RPUS CHRISTI, TEXAS APPROVED: 29th DAY OF MARCH, 1978: J. BRUCE AYCOCK, CITY ATTORNEY Assistant ' Attorney 0 Corpus Christi, Texas ��day of //Lair 19� 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, MA N R THE CITY OF S CHRISTI, TEXAS The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14247 :e :