HomeMy WebLinkAbout14736 ORD - 01/24/197911111 jkh:1-23-79;lst
AN ORDINANCE
CLOSING AND ABANDONING THE 10 -FOOT WIDE TELEPHONE
EASEMENT SITUATED AT APPROXIMATELY THE CENTER OF
LOTS 1 THROUGH 19, BLOCK 3, SHELTER BAY RESORT ESTATES,
RECORDED IN VOLUME 41, PAGES 15, 16, 17 AND 18, MAP
RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO THE RELOCA-
TION OF TELEPHONE CABLES EXISTING WITHIN THE EASEMENT
AT THE OWNERS' EXPENSE AND DEDICATION OF AN ALTERNATE
EASEMENT FOR THE SAID CABLES,IF NECESSARY; AND DECLARING
AN EMERGENCY.
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WHEREAS, there exists a 10 -foot wide telephone easement situated
at approximately the center of Lots 1 through 19, Block 3, Shelter Bay
Resort Estates, recorded in Volume 41, pages 15, 16, 17 and 18, Map Records
of Nueces County, Texas; and
WHEREAS, it has been determined that it is feasible and advantageous
to the City of Corpus Christi to abandon the easement as hereinabove and
hereinafter described, subject to dedication of alternate easement for the
cables, if necessary, and relocation of the telephone cables existing within
the present easement at the owners' expense:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the ten -foot wide telephone easement situated at
approximately the center of Lots 1 through 19, Block 3, Shelter Bay Resort
Estates, recorded in Volume 41, pages 15, 16, 17 and 18, Map Records of
Nueces County, Texas, be and the same is hereby closed for public use and
every municipal purpose, subject to relocation of the telephone cables
existing within the easement, at owners' expense, and dedication of an
alternate easement for the cables, if necessary. This abandonment shall
not affect any intersecting or overlapping drainage or other utility easements
and said easements are hereby expressly retained. The easement hereinabove
closed is abandoned to the owners of the abutting property in accordance
with the laws of the State of Texas, and for the service and interest
of the inhabitants of the City of Corpus Christi, Texas.
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
1473G
MICROFILMED
JUL 08 1980
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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 aforesaid easement 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, 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
oZ y day of January, 1979.
ATTEST:
Ci Secretary
APPROVED:
23rd DAY OF JANUARY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
torney
MAYOR PIo.ierg
THE CITY OF CORPUS CHRISTI; TEXAS
air
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Corpus Christi, T
.;? day of
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 ORft•_em
THE CITY OF CORPUS CHRI
The Charter rule was suspended by he following vote:
o
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by th following
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez,.Jr.
Edward L. Sample
vote: