HomeMy WebLinkAbout17139 ORD - 07/21/1982AN ORDINANCE
CLOSING THE RIGHT OF WAY OF CANAL STREET FROM NORTH
SHORELINE BOULEVARD TO CORPUS CHRISTI BAY SUBJECT TO
CERTAIN CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing con-
cerning the closing of the right-of-way of Canal Street from the east right-
of-way of North Shoreline Boulevard to Corpus Christi Bay located immediately
south of and contiguous to Block E, Brooklyn Addition, as recorded in Volume
A, pages 31 and 32, Map Records of Nueces County, Texas, was given by publi-
cation and mailed to the last known addresses of the owners of property abutt-
ing the public way and within 450 feet of the area proposed 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 14,
1982, in accordance with the provisions 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
certain specified conditions:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the right-of-way of Canal Street, from the east
right-of-way of North Shoreline Boulevard to Corpus Christi Bay located
immediately south of and contiguous to Block E, Brooklyn Addition be and
the same is hereby closed for use as a public right of way, subject, however
to the following conditions:
A. That the City retain the full 60 -foot wide right-of-way as
a utility/drainage easement and as a visual and pedestrian
corridor;
B. That no obstructions be placed in the said 60 -foot right of
way except for a paved service drive and security chain across
on North 30 -feet of the 60 -foot right-of-way with the approval
of the City Department of Engineering.
SEP 2 8 1984
mr410FILMED
171.39
C. That a sidewalk be constructed within said right-of-way
from North Shoreline Boulevard to the water (above elevation
2.0 MSL), such sidewalk to be constructed concurrently with
development abutting the immediate north side of the Canal
Street right-of-way;
D. That the abutting property owners pay the paving assessment
for the north one-half, or 30 feet, of the Canal Street front-
age on North Shoreline Boulevard at the fixed rate in effect
for North Shoreline Boulevard at the date of this ordinance;
and
E. That the right-of-way revert to the abutting property owners
subject to the easements retained herein;
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. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
close and abandon the hereinabove described public rights of Way and the
need for the immediate and efficient utilization of the City's resources
which demands the prompt attention of the Council, such finding of an emer-
gency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances or resolutions at three regular
meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the,4/ day of July, 1982.
ATTEST:
it ecretary MAYOR
APPROVED:
(2/41'DAY OF JULY, 1982:
J. BRUCE AYCOCK, CI Y ATTORNEY
THE C Y OF CORPUS CHRISTI, TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it iS.
introduced, or at the present meeting of the City Council.
Corpus Christi, Texas
4/(day of
, 1982
Respectfully, Respectfully,
Councll Members
MAYOR
if
ir
THE CI OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the followi vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky