HomeMy WebLinkAbout12171 ORD - 07/10/1974JRR:jkh:hb:oc:7 /10/74
3rd
AN ORDINANCE
CLOSING PART OF KAY STREET, BEING AN UNIMPROVED
25 -FOOT STREET EXTENDING 420 FEET WEST FROM
CARROLL LANE BETWEEN COPUS AND HOUSTON STREETS;
PROVIDING RETENTION OF AN EASEMENT OF PEDESTRIAN
ACCESS; PROVIDING FOR RELOCATION OF PEDESTRIAN
ACCESS BY ABUTTING OWNERS; PROVIDING PUBLIC
HOUSING USE RESTRICTIONS AND RIGHT OF REENTRY;
PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing
concerning the closing of a portion of Kay Street, being an unimproved
25 -foot strip extending 420 feet west from Carroll Lane between
Copus and Houston Streets, in the City of Corpus Christi, Nueces
County, Texas, was given by publication and mailed to the last
known address of the owners of property abutting said street and
within 450 feet of the area to be closed and thereafter, pursuant
to said notice, public hearing was held at Regular Meeting of the
City Council of the City of Corpus Christi on Wednesday, the 22nd
day of May, 1974, in accordance with the provisions of the City
Charter; and
WHEREAS, it was determined by the City Council after
such hearing that it would best serve the public convenience and
and necessity to close the street within the limits hereinabove
set forth for use as a public street:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Kay Street, being an unimproved 25 -foot
strip extending 420 feet west from Carroll Lane between Copus and
Houston Streets, in the City of Corpus Christi, Nueces County, Texas,
be and the same is hereby closed for use as a public street and
hereby reverts to the abutting property owners from which this
25 -foot segment was carved; provided however an easement of pedestrian
access is hereby retained on the entire 25 -foot width of Kay Street
and dedicated to the public forever.
The abutting owners may, at their option, within 5 years
of the date of the passage of this ordinance relocate said
pedestrian access on any property between Kay Street and Carroll
121'71
Lane; if not so relocated then the existing reserve pedestrian
access shall become perpetual. Any relocation of said pedestrian
access shall encompass a tract of at least 25 feet in width.
Provided further that the closure of Kay Street is effec-
tive so long as a portion of the abutting property is first used for
public housing purposes in which the Housing Authority of the City
of Corpus Christi has participated, and that upon failure of said
use this closure shall become void and the title to said property
shall revert to the City of Corpus Christi, its successors and
assigns, who shall have the right to reenter and repossess itself
of same. Provided further, that in the event said pedestrian
access is relocated, or in the event pedestrian or vehicular
access is dedicated or opened by the abutting property owners,
all access to the abutting parcels must be approved by the City
Council, either by platting or other appropriate covenants.
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 it shall not affect any other
section, paragraph, subdivision, clause, phrase, word, or provision
of this ordinance, for it is the definite intent of the 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
street 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
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 suspen-
sion of the Charter rule and that this ordinance take effect and be
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in full force and effect from and after its passage, IT IS ACCORDINGLY
SO ORDAINED this the Q day of July, 1974.
ATTEST:
jFSlr. C4ty Secretary MAYOR
T CITY OF CORPUS CHRISTI, TEXAS
AP OVED:
I-/ DAY OF JULY, 1974
AU6&w1k
6g—( X57—City Attorne
Corpus Christi, Texas
_�=day of 192 T
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 suspen-
sion 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 ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark