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HomeMy WebLinkAbout021293 ORD - 11/26/1991AN ORDINANCE CLOSING AND ABANDONING A 2.5 FOOT WIDE BY APPROXIMATELY 103 FOOT LONG PORTION OF THE UTILITY EASEMENT ON THE SOUTHERLY SIDE OF BLOCK 1, LOT 47, CEDAR RIDGE UNIT I, SHOWN BY PLAT IN VOLUME 48, PAGES 164-165, MAP RECORDS, NUECES COUNTY, TEXAS; PROVIDED THAT THE APPLICANT RE -PLAT THE PROPERTY WITHIN 180 DAYS; PROVIDED THAT THE APPLICANT PAY $1,500 TO REPAIR OR REPLACE THE SANITARY SEWER LINE WITHIN THE REMAINING EASEMENT; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 2.5 foot wide by approximately 103 foot long portion of the utility easement on the southerly side of Block 1, Lot 47, Cedar Ridge Subdivision, Unit I, shown by plat in Volume 48, Pages 164-165, Map Records, Nueces County, Texas; 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: SECTION 1. That a 2.5 foot wide by approximately 103 foot long portion of the utility easement in Block 1, Lot 47, Cedar Ridge Subdivision, Unit I, shown by plat in Volume 48, Pages 164-165, Map Records, Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, provided that applicants pay One Thousand Five Hundred Dollars ($1,500.00) to perform the future repair or replacement of the 10 inch sanitary sewer line which is located within the remaining easement, and subject to the property being replatted at applicant's expense within 180 days of passage of this ordinance, provided, however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the applicant's control necessitate an extension. Payment of the $1,500 to repair or replace said 10 inch sanitary sewer line must be made to the Director of Engineering Services before the Replat may be filed in the Map Records of Nueces County, 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 for efficient administration of City affairs by granting the aforesaid zoning change, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three AG5000.036.kp 0'21293 NICAOHIMED regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this tht2(4: day of ' f � l � C t, j ' , 1991. A 1'1'EST: MAYOR THEC OF CORPUS CHRISTI APPROVED AS TO FORM THIS THE a DAY OF v-editten, , 1991 JAMES R. BRAY JR., CITY ATTORNEY By A(.( v1ttr(y p P a a c;a4 Assistant City ttorney AG5000.036.kp Corpus Christi, Texas m rx (0 day of e C.Q mac , 19 I TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITI' OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 6 ft 021203