HomeMy WebLinkAbout05059 ORD - 06/11/1958Ms:EB:6 /10 /58
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AN ORDINANCE
+ CLOSING THAT PORTION OF THE ALLEY ABUTTING ON THE REAR
OF LOTS ONE TWO THREE FOUR NINE TEN ELEVEN AND
TWELVE IN WATER BLOCK FIVE, BEACH PORTION OF THE CITY
CORPUS CHRISTI, IN NUECES COUNTY, TEXAS, SUBJECT TO
E RESERVATION IN THE CITY OF CORPUS CHRISTI OF THE
RIGHT TO USE THE ALLEY BELOW! THE SURFACE AND TO A HEIGHT
Q OF FIFTEEN FEET ABOVE THE SURFACE WITH A NET CLEARANCE
OF FIFTEEN FEET ABOVE THE SURFACE OF THE GROUND OR ANY
Q SURFACING PLACED ON THE GROUND TO BE OBSERVED IN ANY
UILDING CONSTRUCTION BY THE ABUTTING PROPERTY OWNERS,
E USE RESERVED IN THE CITY BEING FOR THE PURPOSE OF
U E BY THE CITY UTILITY DEPARTMENT CITY GARBAGE COLLEC-
`�j T N DEPARTMENT AND FOR THE USE OF THE CITY FIRE AND
V, POLICE DEPARTMENTS; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HAS BEEN
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PETITIONED THAT ALL THAT PORTION OF THE ALLEY ABUTTING ON THE REAR OF LOTS
ONE (1), TWO (2), THREE (3), FOUR (4), NINE (9)2 TEN (10), ELEVEN (11) AND
TWELVE (12) IN WATER BLOCK FIVE (5), BEACH PORTION OF THE CITY OF CORPUS
CHRISTI IN ^NUECES COUNTY, TEXAS,` BE CLOSED; AND
- WHEREAS, THE CITY COUNCIL AT ITS REGULAR MEETING ON THE 12TH DAY
OF MARCH, 1958, AUTHORIZED PUBLICATION OF NOTICE OF PUBLIC HEARING BEFORE
THE CITY COUNCIL TO CONSIDER SUCH CLOSING OF SAID ALLEY; AND
WHEREAS, NOTICE OF THE PROPOSED CLOSING OF THE SAID ALLEY HAS'BEEN
GIVEN BY PUBLICATION AND ALSO BY MAIL TO THE LAST KNOWN ADDRESS OF ALL OWNERS
ABUTTING SAID ALLEY AND WITHIN FOUR HUNDRED FIFTY FEET (+501) THEREFROM, IN
ACCORDANCE WITH THE CHARTER OF THE CITY OF CORPUS CHRISTI, AS PROVIDED FOR
UNDER ARTICLE 11, SECTION 6 THEREOF; AND
WHEREAS, IN ACCORDANCE WITH THE NOTICE GIVEN AS ABOVE SET OUT,
A PUBLIC HEARING WAS HELD BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
AT 2:00 O'CLOCK P.M. ON THE 2ND DAY OF APRIL, 1958, IN THE CITY COUNCIL
CHAMBER AT THE CITY HALL; AND
WHEREAS,THE PUBLIC SAFETY, WELFARE, CONVENIENCE AND NECESSITY
WILL BE BETTER SERVED BY THE CLOSING OF SAID ALLEY, SAVE AND EXCEPT AS A
RIGHT -OF -WAY FOR CITY UTILITY EASEMENTS AND CERTAIN OTHER MUNICIPAL PURPOSES:
NO14, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT ALL OF THAT PORTION OF THE ALLEY IN WATER BLOCK
FIVE BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
ABUTTING ON THE REAR OF LOTS ONE (1), TWO (2), THREE (3), FOUR (4), NINE (9),
S"u S 9
t 4 • i � -
TEN (10), ELEVEN (11) AND TWELVE (12) IN SAID WATER BLOCK FIVE (5), BEACH
PORTION OF THE SAID CITY, BE, AND THE SAME IS, HEREBY CLOSED TO THE PUBLIC
EXCEPT AS HEREIN PROVIDED.
SECTION 2. THAT THE CITY OF CORPUS CHRISTI HEREBY RELEASES AND
RELINQUISHES ALL RIGHT, TITLE AND INTEREST IN AND TO THE ALLEY IN WATER
BLOCK FIVE (5), BEACH PORTION OF THE CITY OF CORPUS CHRISTI, AS DESCRIBED
IN SECTION 1 HEREOF, TO THE PROPERTY OWNERS ABUTTING SAID ALLEY AND THE SAME
SHALL REVERT TO SAID OWNERS, SAVE AND EXCEPT THAT THERE IS RESERVED TO THE
CITY THE RIGHT TO USE THE ALLEY BELOW THE SURFACE FOR UTILITY INSTALLATION,
OPERATION AND MAINTENANCE AND THERE IS RESERVED TO THE CITY THE RIGHT TO USE
THE ALLEY ABOVE THE SURFACE TO A HEIGHT OF NOT EXCEEDING FIFTEEN FEET (15'),
WITH A NET CLEARANCE OF FIFTEEN FEET (15t) ABOVE THE SURFACE OF THE GROUND OR
ANY SURFACING PLACED ON THE GROUND TO BE OBSERVED IN ANY BUILDING CONSTRUCTION
BY THE ABUTTING PROPERTY OWNERS, THE USE RESERVED IN THE CITY BEING FOR THE
PURPOSE OF USE BY THE CITY UTILITY DEPARTMENT, CITY GARBAGE COLLECTION DEPART-
MENT AND FOR THE USE OF THE CITY FIRE AND POLICE DEPARTMENTS, AND THE EXERCISE
OF THE USES BY THE CITY SHALL BE WITHOUT RESPONSIBILITY ON THE PART OF THE
CITY FOR RESTORING THE SURFACE BY REASON OF EXCAVATIONS OR DAMAGE OCCASIONED
BY USE FOR UTILITY INSTALLATION OR REPAIR OR BY REASON OF FIRE OR POLICE
DEPARTMENT USE OF THE ALLEY AREA. THE USES RESERVED TO THE CITY SHALL IN-
CLUDE THE RIGHT TO RE- ESTABLISH A PUBLIC ALLEY, WITHOUT COMPENSATION TO THE
PROPERTY OWNERS, ON THE SAME AREA HEREIN CLOSED ABUTTING THE ABOVE NUMBERED
LOTS AT ANY TIME, AFTER TWO (2) YEARS FROM THE DATE OF THIS ORDINANCE, IF AT
THE TIME THE CITY DECIDES TO RE- ESTABLISH SUCH ALLEY THERE HAS NOT BEEN CON-
STRUCTED A BANK BUILDING OR BUILDINGS ON SAID LOTS DESCRIBED IN SECTION 1 OF
THIS ORDINANCE.
SECTION 3. THE FACT THAT PUBLIC CONVENIENCE AND NECESSITY WILL BE
BETTER SERVED BY THE CLOSING OF SAID ALLEY, WITH THE RESERVATIONS HEREIN RESERVED
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TO THE CITY AND TO THE EXTENT HEREIN PROVIDED, AS A PUBLIC ALLEY CREATES A
PUBLIC EMERGENCY AND A PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE 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
i.
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i.
THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT
SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT
SUCH CHARTER RULE BE SUSPENDED 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.
PASSED AND APPROVED THIS J /DAY. OF --) , 1958.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECRETA
APPROVED AS TO LEGAL FORM:
CITY ATT RNEY
r
..1.,
PUS CHRISTI, TEXAS
1958
TO THE MEMBERS'OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER'RULE OR REQUIREMENT THAT RO ORDINANCE OR RESOLU-
TION 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; Ij THEkEFORE- HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT'AND PASS THIS ORDINANCE- FINALLY ON"THE DATE IT IS INTRO -
DUCEDp OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
Q�
R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
FARRELL D. SMITH ✓ ii, W. J. ROBERTS
B. E. BIGLER MANUEL P. MALDONADO � �
CHARLIE J. AILLS C
ARTHUR R. JAMES /
ODELL INGLE ✓
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTES
FARRELL D. SMITH
W. J. J. ROBERTS
B. E. BIGLER
MAN UEL P. MALDONADO
CHARLIE J. AILLS ✓%
ARTHUR R. JAMES"/ �-
ODELL INGLE Y
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