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HomeMy WebLinkAbout15667 ORD - 07/30/1980• 1p:7-30-80;1st I I • AN ORDINANCE CLOSING MOLINA DRIVE FROM HENDRICKS STREET TO PADRE ISLAND DRIVE, SUBJECT TO RETENTION OF A 10 -FOOT UTILITY EASEMENT ALONG THE EAST RIGHT-OF-WAY LINE OF MOLINA DRIVE AND A 10 -FOOT UTILITY EASEMENT ALONG THE NORTH RIGHT-OF-WAY LINE OF MOLINA DRIVE PARALLEL TO PADRE ISLAND DRIVE; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing con- cerning the closing of a portion of Molina Drive, from Hendricks Street to Padre Island Drive, situated inthe City of Corpus Christi, Nueces County, Texas, was given by publication and mail to the last known addresses of the owners of property abutting the area to be closed and within 450 feet of the area to be closed, and thereafter, pursuant to said notice, public hearing was held at Regular Council Meeting by the City Council of the City of Corpus Christi on July 23, 1980, In accordance with the provisions of the City Charter; and WHEREAS, it has been determined by the City Council after such hearing that the portion of Molina Drive, from Hendricks Street to Padre Island Drive, proposed to be closed, is not needed now, nor will it be within the foreseeable future needed as public street and that it would best serve the public convenience and necessity to close the portion of said street, subject to retention of a 10 -foot utility easement along the east right-of-way line of Molina Drive and a 10 -foot utility easement along the north right-of-way line of Molina Drive parallel to Padre Island Drive: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the portion of Molina Drive, from Hendricks Street to Padre Island, situated in the City of Corpus Christi, Nueces County, Texas, be and the same is hereby closed for public use and abandoned to the owners of the abutting property, save and except that a 10 -foot easement along the east right-of-way line of Molina Drive and a 10 -foot utility ease- ment along the north right-of-way line of Molina Drive parallel to Padre Island Drive are retained for utility easements. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall he held invalid MICROFILMED 156.67 Alir 2 91980 • 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 this 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 portion of Molina Drive 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the Charter rule 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, this the 3,v day of IA, A. , 1980. ATTEST: APPROVED: July 30, 1980 J. BRUCE AYCOCK, CITY ATTORNEY MAY THE TY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas 30417Lttay of_j141111____, 19 Kv 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 suspension 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. The Charter rule Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, iF CORPUS MAYOR THE CI CHRISTI, TEXAS was suspended by the following vote: The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky was passed by the following vote: 15667