HomeMy WebLinkAbout16349 ORD - 06/24/1981ls;6-24-81:1st
AN ORDINANCE
CLOSING AND ABANDONING THAT PORTION OF 60 -FOOT WIDE
AVENUE D, FROM MIDDLE LANE TO CALALLEN DRIVE, RETAINING
A 10 -FOOT UTILITY EASEMENT ALONG THE EAST RIGHT OF WAY OF
AVENUE D, BEGINNING AT MIDDLE LANE AND EXTENDING NORTH
40 FEET, AND CLOSING AND ABANDONING THE 20 -FOOT WIDE ALLEY
IN BLOCK 10, FROM MIDDLE LANE TO MOUNTAIN TRAIL, RETAINING
THE MIDDLE 10 FEET AS A UTILITY EASEMENT, ALL AS SHOWN BY
PLAT OF CALALLEN SUBDIVISION RECORDED IN VOLUME 1, PAGE 44,
MAP OR PLAT RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO RE -
PLATTING BY THE OWNER; AND DECLARING AN EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing concerning
the closing of a portion of 60 -foot wide Avenue D, from Middle Lane to Calallen
Drive, and a 20 -foot alley in Block 10, from Middle Lane to Mountain Trail, as
shown by plat of Calallen Subdivision, recorded in Volume 1, page 44, Map or
Plat Records of Nueces County, Texas, situated in the City of Corpus Christi,
Nueces County, was given by publication and mailed to the last known addresses
of the owners of property abutting the public way proposed to be closed, and there-
after, pursuant to said notice, public hearing was held at Regular Council Meeting
by the City -Council of the City of Corpus Christi on June 17, 1981, in accordance
with the provision of the City Charter; and
WHEREAS, it was determined by the City Council after such hearing
that the aforesaid portion of right-of-way, proposed to be closed, is not
needed now, nor will it be within the foreseeable future needed as public
right-of-way, and that the same should revert to the abutting property owners,
subject to retention by the City as utility easements the portion of Avenue D being
closed and the middle 10 -feet of the 20 -foot wide alley in Block 10, Calallen
Subdivision:
NOW, THEREFORE, BE IT ORDAINEDBYTHE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That that portion of 60 -foot wide Avenue D, from Middle
Lane to Calallen Drive, be closed for use as a public street and revert to the
abutting property owners, and that the 20 -foot wide alley in Block 10, Calallen
Subdivision, from Middle Lane to Mountail Trail, as shown by map or plat of
Calallen Subdivision, of record in Volume 1, page 44, Map or Plat Records of Nueces
County, Texas, be closed for use as a public alley and revert to the abutting
property owners, subject to replatting of the block by the property owners;
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however, there is retained for use by the City as a utility easement the
10 -foot utility easement along the east right of way of Avenue D, beginning
at Middle Lane and extending north 40 feet, and there is also retained the
middle ten feet of the 20 -foot wide alley hereby closed, extending from
Middle Lane to Mountain Trail, as a utility easement.
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 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 public right-of-way
creates a 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 or Council members, having declared that such
public necessity exists, 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 ACCORD-
INGLY SO ORDAINED this the G31 day of June, 1981.
ATTEST:
401
, ;,*1
MAYOR
THE C Y OF CORPUS CHRISTI, TEXAS
City cretary
APPROVED: DAY OF JUNE, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
Corpus Christi, Texas
day of of „ , 19 07
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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.
Respectfully, Respectfully,
Council Members
The Charter rule was suspended
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L._Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYO
The Ci"' of Corpus Christi, Texas
by the following
vote:
d�P
by the following
vote:
1(3349