Loading...
HomeMy WebLinkAbout021321 ORD - 01/14/1992AN ORDINANCE CLOSING AND ABANDONING A PORTION OF BATTLIN' BUC BOULEVARD BETWEEN THE SOUTH LINE OF LIPAN STREET AND THE NORTH LINE OF UP RIVER ROAD IN THE NELSON ADDITION NO. 1 AND SEVEN OAKS ADDITION SUBDIVISIONS; SUBJECT TO THE TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concerning the closing and abandoning of a portion of Battlin' Buc Boulevard between south of Lipan Street and north of Up River Road adjacent to Lots 6 though 10, Block 3, Nelson Addition Unit 1, shown by plat in Volume 1, Page 15; and adjacent to Lot 1, Block 8, Seven Oaks Addition, shown by plat in Volume 5, Page 2 of the Map Records of Nueces County, Texas; was given by publication and mailed to the last known addresses of the owners of property abutting 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 a meeting of the City Council of the City of Corpus Christi on January 14, 1992, in accordance with the provisions of the City Charter; and WHEREAS, it was determined by the City Council after such hearing that the aforesaid portions of rights-of-way, proposed to be closed, are not needed now, nor will they be within the foreseeable future needed as public rights-of-way, and that the same should revert to the abutting property owners, subject to the applicant meeting certain specified conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1: That there is hereby closed and abandoned a portion of Battlin' Buc Boulevard between the south line of Lipan Street and north line of Up River road adjacent to Lots 6 though 10, Block 3, Nelson Addition Unit 1, shown by plat in Volume 1, Page 15; and adjacent to Lot 1, Block 8, Seven Oaks Addition, shown by plat in Volume 5, Page 2 of the Map Records of Nueces County, Texas subject to the applicant meeting the following conditions: 1. Replat the property 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 one hundred eighty (180) days if extenuating circumstances outside the applicant's control necessitate an extension. 2. Abandoning the 2 -inch waterline under the direction of the Water Division or submit construction plans to relocate the waterline and pay for all associated costs. 3. Abandoning the RCP storm sewer line under the direction of a City Construction Inspector and submit construction plans for and construct an alternate storm sewer system to carry the runoff from the remaining section of Battlin' Buc Boulevard and pay for all associated costs. AG5000.081.kp 021321 MICROFILMED 4. Paying for the relocation of the Central Power & Light and TCI Cable facilities. 5. Abandoning the 1 -inch gas line under the supervision of the Gas Department or pay for relocation. 6. Constructing street improvements and dedicating additional right-of-way or easement as necessary to provide the equivalent traffic carrying capacity on Lipan Street between Battlin' Buc Boulevard and Palm Drive. 7. Submitting construction plans for and constructing a pedestrian walkway between Lipan Street and Up River Road within the public right-of-way. 8. Reconstructing curb, gutter, and sidewalk section at the intersection of Battlin' Buc Boulevard and Up River Road. 9. Paying the fair market value of $11,800.00. 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 immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 1 J' day of /', i ! (2 a 1992. ATTEST: City Secretary MAYOR 1 THE CITY 0 APPROVED: 2ND DAY OF JANUARY, 1992 JAMES R. BRAY JR., CITY ATTORNEY By: yt Assistant Ci AG5000.081.kp Attorney RPUS CHRISTI Corpus Christi, Texas `{ day of- _ i‘{ FL( ( LL,/, 19���-. 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��A THE CITY '?1F CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes / 1' Cezar Galindo Leo Guerrero / h Betty Jean Longoria (� Edward A. Martin ((_Q Joe McComb it / Dr. David McNichols (-1 / Clif Moss (r r Mary Pat Slavik (l 'ye , 045 021321