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Home My WebLink About05338 ORD - 04/29/1959J IMS:JKH:44 -29 -59 AN ORDINANCE 's ' ^� cuts 'K"InANS, OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 44TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 48446 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALAMEDA CENTER FROM "R-1—"ONE FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT WITH CERTAIN RESTRICTIONS INCLUDING AN AREA SHOWN AS LOTS 10 AND 11 OF ALAMEDA CENTER WHICH IS CHANGED TO "B -R" SECONDARY BUSINESS DISTRICT RESTRICTED TO FORBID USES BROADER THAN "B -1" EXCEPT A BOWLING ALLEY AND ITS RELATED USES; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING CERTAIN APPLICATIONS FOR AMENDMENTS TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, PUBLIC HEARING WAS DULY HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON OCTOBER 27, 1958, AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL AT 2:00 P.M. IN THE CITY COUNCIL CHAMBER OF THE CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, AT REGULAR COUNCIL MEETING ON JANUARY 7, 1959,` THE CITY COUNCIL DESIRING TO TAKE ACTION ON A PENDING ITEM OF THE ABOVE APPLICATION FOR REZONING BY MOTION DULY MADE, SECONDED, AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE, AND THE GENERAL WELFARE OF THE CITY AND ITS CITIZENS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: r SECTION 1. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF S---y y je RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED 4TH . ORDINANCE NO. 2266, PASSED AND APPROVED BY. THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF SAID ORDINANCE AND RESOLUTION RECORDS AND AS AMENDED BY ORDINANCE NO. 4846, ADOPTED ON THE 21ST DAY OF AUGUST,, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGES HEREINAFTER SET OUT. SECTION 2. (A) LOTS 9, 10 AND 11 OF ALAMEDA CENTER AS SHOWN BY THE PLAT OF SAID CENTER ARE HEREBY REZONED FROM ONE FAMILY DWELL- ING DISTRICT TO °B -31, SECONDARY BUSINESS DISTRICT USE, RESTRICTED, HOWEVER TO BEING USED ONLY FOR THOSE USES PERMITTED IN AI8-111 NEIGHBORHOOD BUSINESS DISTRICT SAVE AND EXCEPT FOR THE USE AS A BOWLING ALLEY AND USES RELATED THERETO. (B) ALL OF ALAMEDA CENTER EXCEPT LOTS 9, 10 AND 11 ARE HEREBY REZONED FROM °R -1f1 ONE FAMILY DWELLING DISTRICT TO "B -111 NEIGHBOR- HOOD BUSINESS DISTRICT, RESTRICTED HOWEVER, IN ACCORDANCE WITH THE PLAT ON FILE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, SO AS TO RESTRICT THE BUILDINGS TO THE AREAS WITHIN THE BUILDING LINES AND LEAVING UNOCCUPIED THE AREAS SHOWN AS PARKING AREAS, SERVICE DRIVES, AND UTILITY EASEMENTS. SECTION 3. THE AREA HEREBY REZONED SHALL BE SUBJECT TO THE FURTHER RESTRICTION THAT CONSTRUCTION SHALL BE BEGUN, FOR THE USE OF THE SAID PROPERTY AS IS DESIGNATED FOR BUILDING AREA, WITHIN TWO YEARS FROM THE DATE OF THIS ORDINANCE AND FAILURE TO COMMENCE CONSTRUCTION WITHIN SUCH TIME SHALL WORK AN AUTOMATIC REVERSION TO IIR -111 ONE FAMILY DWELLING DISTRICT USE OF SUCH BUILDING AREAIS DOES NOT HAVE CONSTRUCTION COMPLETED OR IN LPROGRESS WITHIN SAID PERIOD OF TWO YEARS FROM THE DATE HEREOF. SECTION 4. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI) TEXAS, BE AND THE SAME IS HEREBY AMENDED AS HEREIN ORDAINED. SECTION 5. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS APPROVED ON THE 27TH DAY OF AUGUSTS 1937, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED ON THE 21ST DAY OF AUGUST, 1957, EXCEPT AS HEREIN CHANGED SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 6. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. -2- s t _- az RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS-AMENDED FROM TIME TO TIME�AND IN PARTICULAR AS AMENDED BY �4 ORDINANCE No. 2266, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF SAID ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE N0. 4846, ADOPTED ON THE 21sT DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGES HEREINAFTER -2- SET OUT. SECTION 2. ALL OF ALAMEDA CENTER EXCEPT LOTS 9, 10 AND 11 ARE HEREBY REZONED FROM "R -1" ONE FAMILY DWELLING DISTRICT TO IIB -171 NEIGHBORHOOD BUSINESS DISTRICT, RESTRICTED, HOWEVER, IN ACCORDANCE WITH THE PLAT ON FILE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, SO AS TO RESTRICT THE BUILDINGS TO THE AREAS WITHIN THE BUILDING LINES AND LEAVING UNOCCUPIED THE AREAS SHOWN AS PARKING AREAS, SERVICE DRIVES, AND UTILITY EASEMENTS. SECTION 3. THE AREA HEREBY REZONED SHALL BE SUBJECT TO THE FURTHER RESTRICTION THAT CONSTRUCTION SHALL BE BEGUN�FOR THE USE OF THE SAID PROPERTY AS IS DESIGNATED FOR BUILDING AREA, WITHIN TWO YEARS FROM THE DATE OF THIS ORDINANCE AND FAILURE TO COMMENCE CONSTRUCTION WITHIN SUCH TIME SHALL WORK AN AUTOMATIC REVERSION TO IIR -1" ONE FAMILY DWELLING DISTRICT USE OF SUCH BUILDING AREA AS DOES NOT HAVE CONSTRUCTION COM- PLETED OR IN PROGRESS WITHIN SAID PERIOD OF TWO YEARS FROM THE DATE HERE— OF- SECTION 4. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BE AND THE SAME IS HEREBY AMENDED AS HEREIN ORDAINED. SECTION 5. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937) AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED ON THE 21ST DAY OF AUGUST, 1957, EXCEPT AS HEREIN CHANGED SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 6. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. -2- _# oL Al s SECTION 7. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI, TEXAS, CREATES A PUBLIC EMER- GENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRINGITHE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND 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 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDI- NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT I ACCORDINGLY PASSED AND APPROVED, THIS THE X LIDAY of 1 ,,lg5g, ATTEST: //�J MAYOR THE CITY OF C RS CHRIST, TEXAS CITY SECRET Y V 7 APPROVED AS TO LEGAL FORM THIS 28 DAY OF APRIL, 1959: CITY ATTO NEY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: CORPUS CHRISTI, TEXAS U FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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; ip -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 MAYOR THE CITY OF CDR CHRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART CL-0 JOSEPH 8. DUNN p PATRICK J. DONNE ff \ (� y R. A. HUMBLE GABE L. LLOZANO, SR. e� THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING CL4 Q JAMES L. BARNARD any 1 MRS. RAY AIRHEART JOSEPH B. DUNN O PATRICK J. DONNE R. A. HUMBLE GABE L. LOZANO, SR. A 0 •