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HomeMy WebLinkAbout04582 ORD - 07/11/1956Ac:6/15/56 AN ORDINANCE ESTABLISHING THE BUILDING LINE ON OCEAN DRIVE BETWEEN A POINT THIRTY FEET (30') NORTH OF THE SOUTH LINE OF LOT 4, BLOCK 5, ALTA VISTA ADDITION, AND ROSSITER STREET, FIXING THE WIDTH OF THE STREET RIGHT OF WAY AT A WIDTH SO AS TO LESSEN THE SHARPNESS OF THE CURVE NOW EXISTING IPJ TTY STREET RIGHT OF WAY OF OCEAN DRIVE; CLOSING THE HEARING HELD FOR THE PURPOSE OF ESTABLISHING SUCH RIGHT OF WAY WIDTHS; DECLARING SAID STREETS OPENED AS SHOWN ON THE 1 - ;AP ESTABLISHING 'BUILDING LINE ON SAID STREET 05 FILE IN THE OFFICE OF THE CITY SECRETARY;j ADOPTING AND APPROVING SAID MAP ATTACHED HERETO AND MARKED "EXHIBIT A "; AND DECLARING AN EMERGENCY. WHEREAS, 1-OTIG'Ei DF_' f HEARING ON THE RATTER OF FIXING THE RIGHT OF WAY WIDTH OF OCEAN DRIVE BETWEEN A POINT THIRTY FEET (30') NORTH OF THE SOUTH LINE OF LOT 3, SLOCI: 5, ALTA VISTA ADDITION,• AND ROSSITER STREET, HAS BEEN GIVEN DV PUDLICATION AND 3Y REGISTERED !TAIL TO THE LAST RNQWIJ ADDRESS OF ALL OWNERS A3UTTI P:G SAID STREET AND WITHIN FOUR HUNDRED AHD FIFTY FEET (450') THEREOF; AND (.WHEREAS, PURSUANT TO SAID NOTICE, A FUDLIC NEARING WAS HELD Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3-, ARTICLE I;; OF THE CITY CHARTER, AHD IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1105 (A) OF THE ,REVISED CIVIL STATUTES OF IE;<A5, SAID HEARING BEING HELD CM THE 20TH DAY 00 JUNE, 1956; AND WHEREAS, IT HAS BEEN DETERMINED ❑Y THE CITY COUNCIL, AFTER SUCH PUBLIC HEARING THAT THE SAID STREET SHOULD HAVE AN ESTABLISHED RIGHT -OF WA' WIDTH 30 AS TO LESS 00 THE SHARPNESS OF THE CURVE NOW E:EISTI1O IN THE STREET RIGHT OF h'A`,' OF OCEAN ; AND ., EREAS, THE CITY „AIIA,10)1 OF THE CITY OF CORPS CHRISTI HAS PREPARED AND 5U5.11TTED TO THE :CITY COUNCIL A 000 SNOWING THE PROPOSED IMPROVEMENT OF SAID STREET, WHICH 1AS 000N APPROVED DY THECITI' L01110G AHD ;50010011(0 CO =ISSION AND WHICH IS ATTACHED HERETO AHD ;HARP,EO "EXHIDIT A. HOW, THE:REFCY.E, BE I T 0,i541 E-) SY THE CITY COUNCIL OF THE CITY OF CORFU) CHRISTI, T{_:;AS: SECTION 1. THAT TSR LUI LDIHG LIME ON OCEAN DRIVE BETWEEN A POINT THIRTY FEET (30') NORTH OF THE SOUTH LINE OF LOT II, .BLOC!( 5, !;LTA VISTA ADDITION, APO ROSSITER STREET, SHOWN ON THE (MAP ATTACHED HERETO A1(D FIA'SI;ED "051-110! T A' FIX1110 THE WIDTH DF 7H= STREET RIGHT OF WAY AT A WIDTH SC AS TO LESSEi1 THE SHARPNESS OF THE CURVE NOW EXISTING IN THE STREET RIGHT OF WAY OF OCEAN DRIVE, RE AHD IS HERESY APPROVED AND ADOPTED AS THE SUI LDING LINE OF SAID STREET AT THE LOCATION SHOWN 011 SAID MAP, AND FROM AND AFTER THE DATE OF THIS ORDINANCE, BUILDING ENCROACHMENT UPON SAID LIME 15 FO0DI DDEN. �?)2 SECTION 2. SAID OCEAN DRIVE WITHIN THE LIMITS ABOVE SET FORTH, I5 HERESY ORDERED OPENED SO AS TO LESSEN THE SHARPNESS OF THE CURVE NOW EXI5TINC IN THE STREET RIGHT OF WAY OF OCEAN DRIVE, AS SHOWN ON SAID MAP ATTACHED HERETO. SECTION ✓ Ti-: I FACT THAT THE PUDLIC CONVENIENCE AND SAFETY OF THE PUBLIC REQUIRED THE IMMEDIATE ESTABLISHMENT OF THE DU1LDING LINE FIXING THE WIDTH OF OCEAN DRIVE WITHIN THE LIMITS HEREIN DEFINED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE - OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL 5E PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND THAT SAID ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL 11EETI1100 OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND PUBLIC IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT SAID CHARTER RULE HE SUSPENDED AND THAT THIS ORDINANCE DE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT f5 ACCORDINGLY SO ORDAINED. PASSED AND APP2OVED, THIS THE if DAY OF PPOVED 4S TO LEGAL FORM , 1956: n 0 CITY ATTORNEY 1956. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CH RISTI, TEXAS GENTLEMEN; CORPUS ISTI, TEXAS 1956 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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ' AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY 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, lsshYF� -��4_ t<YC� THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO VOL 746 PAGE 344 ESTABLISHING THE BUILDING LINE ON OCEAN DRIVE BETWEEN A POINT THIRTY FEET (30') NORTH OF THE SOUTH LINE OF LOT 4, BLOCK 5, ALTA VISTA ADDITION, AND ROSSITER STREET, FIXING THE WIDTH OF THE STREET RIGHT OF WAY AT A WIDTH SO AS TO LESSEN THE SHARPNESS OF THE CURVE NOW EXISTING IN THE STREET RIGHT OF WAY OF OCEAN DRIVE; CLOSING THE HEARING HELD FOR THE PURPOSE OF ESTABLISHING SUCH RIGHT OF WAY WIDTHS; DECLARING SAID STREETS OPENED AS SHOWN ON THE MAP ESTABLISHING BUILDING LINE ON SAID STREET ON FILE IN THE OFFICE OF THE CITY SECRETARY; ADOPTING AND APPROVING SAID MAP ATTACHED HERETO AND MARKED "EXHIBIT A "; AND DECLARING AN EMERGENCY. ORDINANCE N0. 4582 WHEREAS, Notice of hearing on the matter of fixing the right of way width of Ocean Drive between a point thirty feet (30') north of the south line of Lot 4, Block 5, Alta Vista Addition, and Rossiter Street, has been given by publication and by registered mail to the last known address of all owners abutting said street and within four hundred and fifty feet (450') thereof; and WHEREAS, Pursuant to said notice, a public hearing was held by the City Council of the City of Corpus Christi in accordance with the provisions of Section 6, Article DC of the City Charter, and in accordance with the provisions of Article 1105 (a) of the Revised Civil Statutes of Texas, said hearing being held on the 20th day June, 1956; and WHEREAS, It has been determined by the City Council, after such public hearing, that the said street should have an established right of way width so as to lessen the sharpness of the curve now existing in the street right of way of Ocean Drive; and WHEREAS, The City Manager of the City of Corpus Christi has prepared and submitted to the City Council a map showing the proposed improvement of said street, which has been approved by the City Zoning and Planni3ig Commission and which is attached hereto and marked "Exhibit A ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the building line on Ocean Drive between a point thirty feet (30') north of the south line of Lot 4, Block 5, Alta Vista Addition, and Rossiter Street, shown on the map attached hereto and marked "Exhibit A" fixing the width of the street right of way at a width so as to lessen the sharpness of the curve now existing in the street right of way of Ocean Drive, be and is hereby approved and adopted as the building line of said street at the location shown on said map, and from and after the date of this ordinance, building encroachment upon said line is forbidden. r SECTION 2. Said Ocean Drive within the limits above set forth, is hereby ordered opened so as to lessen the sharpness of the curve now existing in the street right of way of Ocean Drive, as shown on said map attached hereto. SECTION 3. The fact that the public convenience and safety of the public required the immediate establishment of the building line fixing the width of Ocean Drive within the limits herein defined creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date of its introduction, and that said ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and public imperative necessity exist, and having requested that said Charter rule be suspended and that this ordinance be passed finally on the date of its introduction and take effect and be iniull force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, This the llth day of July, 1956. ATTEST: /s/ T. Ray Kring City Secretary APPROVED AS TO LEGAL FORM JULY 11, 1956: /s/ I. M. Singer City Attorney /s/ Farrell D. Smith MAYOR THE CITY OF CORPUS CHRISTI, TEXAS VOL g pASE346 CC.+PUS CHRISTI, TEXAS July llth , 1956 TO THE MEMBERS OF THE C 4 TY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NE''.ESSI.TY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NC ORDINAI'34E 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 COE9NCIL3 I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUREMEST AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, /s/ Farrell D. Smith MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED EY THE 70! -LYMA 'V5TE: FARRELL D. SMITH Abstained MINOR CULL 4 .Aye W. ROBERTS AYe B. E. BI GLER A e MAhi:FL P. MALDONADO Aye THE ABOVE ORDINANCE WAS PASSE BY THE 'FCLLOWING VOTE: FARRELL D. SMITH Abstained MINI +R CULL!. Aye W. D. ROBERTS Aye B. E. BIGLER Aye MAVNUEL P. MALDONADO Aye CERTIFICATE THE STATE OF TEXAS X X COUNTY OF NUECES X VOL 746 PAGE 347 I, the undersigned, City Secretary of the City of Corpus Christi, Texas. do certify that the foregoing is a true and correct copy of Ordinance No. 4582 Passed and approved 7/11/56 as same appears in the official records of the City of Corpus Christi, Texas, of which records I am the lawful custodian. WITNESSETH My Hand and the Official Seal of the City of Corpus Christi, Texas, this 4th day of September A. m„ 1956 THE STATE OF TEXAS t COUNTY OF NUECES. f I, Mrs. Henry E. Gouger, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument Dated this V-- day of 1-J, , 1 s--(.. , with its certificate of authentication, was filed for record in my office the . _ 0.57_ day of " 0 , 19 .11. , i at i..,51 54 o'clock /4., M., onrd duly recorded the (a .day of - t , , 19 tZi. , at .,_,;5- o'clock xe_ M., in. J--._ -•• Reco0 of said County, in Vol. 7 ,4 .6 , on Pages ..3 ''.,c4 --- -3 Y 7 V•Z-Ptt- F"-'-'"--- ' ‘/I-'4. r-et."6 511 Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, the day and year last above written. it-,......4-et......._... (...-.../a-....--g- Mrs. Henry E. Gouger, By ------ , Deputy County Clerk, Nueces County. ✓w 465'739 COMPARED r�� oum. HENRY E. GOUGER, Crum) 614 FILED FOR RECORD NUECES COUNTY. TEXAS 1956 SEP 5 AM 9 44 MRS. h'E`,;^Y E. 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