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.
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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
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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
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