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HomeMy WebLinkAbout021560 ORD - 02/02/1993AN ORDINANCE CLOSING AND ABANDONING A 60 FOOT WIDE BY 100 FOOT LONG SECTION OF AVENUE B RIGHT-OF-WAY ADJACENT TO LOTS 5 AND 6, BLOCK 19, AND LOTS 11 AND 12, BLOCK 14, CALALLEN; SUBJECT TO APPLICANT PAYING FAIR MARKET VALUE FOR THE STREET; REPLATTING THE PROPERTY WITHIN 180 DAYS; MEETING SPECIFIED CONDITIONS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 60 foot wide by 100 foot long section of Avenue B right-of- way adjacent to Lots 5 and 6, Block 19, and Lots 11 and 12, Block 14, Calallen, a subdivision shown by plat recorded in Book 1, Page 44, 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 easements, 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 60 foot wide by 100 foot long section of Avenue B right-of-way adjacent to Lots 5 and 6, Block 19, and Lots 11 and 12, Block 14, Calallen, a subdivision, shown by plat recorded in Book 1, Page 44, Map Records, Nueces County, Texas, as shown on Exhibit "A", be and the same is hereby closed for public use and every municipal purpose, subject to: 1) 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 one hundred eighty (180) days if extenuating circumstances outside the applicant's control necessitate an extension. 2) abandoning or relocating an existing two-inch gas line at applicant's expense; 3) applicant taking ownership of and maintenance responsibility for an existing 8 -inch sanitary sewer line; 4) applicant paying Central Power & Light Company its fee for rerouting or abandoning applicant's service line; and 5) applicant paying fair market value of $6,000.00 and replatting the property within 180 days. A:AG5000.307.ajr 021560 MICROFILMED 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 p� ^ssy^d and shall take effect upon first reading as an emergency measure this the 2.- day of )� , 19'73 . A 1"1 EST: THE CITY OF CORPUS CHRISTI mando Chapa, City Secret APPROVED: cI DAY O , 19 9B JAMES R. BRAY JR., CITY ATTORNEY By: (,ua, l: Q Q ct w e Alis allaway, Assistan City Attorney A:AG5000.307.ajr 2 r CORPUS CHRISTI, TEXAS 2. day of kbvvLxID, 19 013 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, COUNCILMEMBERS MAYOR THE CITY CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo -Guam. Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik thy cui)fr alyt- 021560 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISIT County of Nueces } ss: AD# 83722 PO # Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistance of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PUBLIC HEARING: WHEREAS, APPLICATION HAVING BEEN FILED which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 25th day of January, 1993. One Time(s) $ 56.55 Business Office Administrative Assistant Subscribed and sworn to before me this 2nd day of February 1993. 1 Notary Public,"-N.ueces County, Texas EDNA KO:;TEH Notary Public y Utle. of Texas ,• My Ccmm. Exp. 11-3J-26 11 1 NOTICE OF MSC HEARING Whereas, application hav- ing been Pled with the City Counts of the City of Corpus Christi, Taus to consider the closure end abandonment of a portion of Avenue B right-of-way adjacem to Lots 5 and 6, Block 19, and Lot 11 and 12, Block 14, CaMMNen Subdivision, within the City of Copus Christi, Texas, NOW THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a public hearing on said application to consider the closure and abandonment will be hold by the City Coun- cil In the Council Chamber of the City Holl, 1201 Leopard, in the City 0f Corpus Christi, Texas on the 2nd day of Feb- ruary, 1993, during the Regular Council Meeting which commences at 2:00 p.m. at which time and place all persons and parties and/or their agents interested in the closure ,and abandonment of said property may appear and be heard by the said City Council. GIVEN UNDER MY HAND AND SEAL of the City of Cor- pus Christi, Texas, this the 19th day of January, 1993 /s/ Amando�Cblprya City of CC pus Gansu