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HomeMy WebLinkAbout18119 ORD - 03/14/1984AN ORDINANCE CLOSING AND ABANDONING THE 7.5 FOOT WIDE UTILITY EASEMENT IN LOTS 1 THROUGH 20, BLOCK 4, BOOTY AND ALLEN ADDITION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists 7.5 foot wide utility easement in Lots 1 through 20, Block 4, Booty and Allen Addition, recorded in Volume 3, Page 4, Map Records of Nueces County, Texas; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easement, subject to the provisions listed below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 7.5 foot wide utility easement as prescribed in Ordinance No. 9638 on February 4, 1970, in Lots 1 though 20, Block 4, Booty and Alien Addition, as recorded in Volume 3, Page 4, Map Records of Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose subject to the applicant paying $622.00 in abandonment costs for the existing 2" gas line therein; providing applicant arrange with Southwestern Bell Telephone Company to pay relocation costs of existing telephone cables; and providing for replatting. The above described utility easement is hereby abandoned to the owners of the abutting property in accordance with the laws of the State of Texas, and for the service and interest of the inhabitants of the City of Corpus Christi, Texas. 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 abovementioned utility easement at the earliest practicable date, such finding of an emergency 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 MICROFILMED SEP 2.81984 AS419 .01 take effect upon first reading as an emergency measure this the 14th day of March, 1984. ATTEST: Ci ecry APPROVED: 1411' DAY OF MARCH, 1984 J. BRUCE AYCOCK, CITY ATTORNEY By As r stant"City Attorney MAYOR THE TY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas Fear day of Z4.4,1, , 198 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; I/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. Respectfully, Respectfully, Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18119