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HomeMy WebLinkAbout05059 ORD - 06/11/1958Ms:EB:6 /10 /58 f 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 F I 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 1 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. -2- 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 I