HomeMy WebLinkAbout021851 ORD - 01/11/1994AN ORDINANCE
CLOSING AND ABANDONING DABNEY STREET FROM STAPLES
STREET TO FORT WORTH STREET, LEE STREET FROM COLLINS
STREET TO DABNEY STREET, COLLINS STREET FROM LEE
STREET TO FORT WORTH STREET, AND CAMPBELL STREET
FROM LEE STREET TO FORTH WORTH STREET; SUBJECT TO
REPLATTING THE PROPERTY WITHIN 180 DAYS; SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS; PROVIDING
FOR SEVERANCE; AND DECLARING AN EMERGENCY.
WHEREAS, Tom Graham Gardens, containing the above referenced streets,
was established by a Special Council Permit for Group Housing authorized by Council
motion on October 4, 1949; and
WHEREAS, the above referenced streets were dedicated to the City by Deed
and accepted by Ordinance No. 2920, October 31, 1950, but the Deed was filed for record
in the Deed Records of Nueces County without the City's written acceptance of said streets;
and
WHEREAS, although the City has performed some street maintenance, the
property owner contends the streets are private because taxes have continually been assessed
and paid on the streets and contends the City has recently refused to maintain the streets
for the reasons that they were thought to be privately owned; and
WHEREAS, the property owner has expressed concerns about the safety of
the residents in the apartments on the property and a desire to obtain financing on the
property and has consequently requested that the City resolve the controversy concerning
ownership of the streets; and
WHEREAS, there exists Dabney Street from Staples Street to Fort Worth
Street, Lee Street from Collins Street to Dabney Street, Collins Street from Lee Street to
Fort Worth Street, and Campbell Street from Lee Street to Fort Worth Street ("Streets");
and
WHEREAS, notice of the time and place for holding a hearing concerning the
closing of said Streets was given by publication and mailed to the last known address of the
owners of property abutting the public way and within 450 feet of the Streets proposed to
be closed, and thereafter, pursuant to said notice, public hearing was held at a meeting of
the Corpus Christi City Council on January 11, 1994, in accordance with the provisions of
the City Charter; and
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;4861.
WHEREAS, it was determined by the City Council after such hearing that it
is feasible and advantageous to the City of Corpus Christi to abandon said Streets to the
abutting property owners, 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 Dabney Street from Staples Street to Fort Worth Street,
Lee Street from Collins Street to Dabney Street, Collins Street from Lee Street to Fort
Worth Street, and Campbell Street from Lee Street to Fort Worth Street be and the same
are hereby closed for public use and every municipal purpose, subject to:
1. The property being replatted at owner'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.
2. There are water and gas utility lines in some of the Streets. If the water and gas
utility lines are to stay in place, the replat shall contain utility easements to maintain
those utility lines. Drainage easements will be dedicated for existing storm drainage
lines.
3. The replat shall dedicate 25' of Fort Worth Street adjacent to the property being
replatted being 821.04 feet, more or less, in length.
4. The replat shall dedicate a 50' wide Lee Street from a southeasterly line crossing the
right-of-way of Lee Street to the north line of Collins Street.
5. The replat shall dedicate a 50' wide Collins Street from Staples Street to Lee Street.
6. The replat shall dedicate 10' of Staples Street adjacent to the property being
replatted being 437.34 feet, more or less, in length.
7. The replat shall contain the following notations:
Access to the private streets shall be maintained for the purposes of maintaining and
operating utility systems; reading of utility meters; solid waste collection; postal
delivery services; police and fire protection; emergency medical services; and other
similar activities which provide services to the residents of the subject Property;
however, the owner(s) of the subject Property may completely eliminate or
reconfigure the private streets, so long as the foregoing services may continue to be
provided for the benefit of the residents of the Property.
If and when Dabney, Collins, Campbell and Lee within the confines of Owner's
property are reconfigured or in any manner blocked from completely free access by
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police and fire, additional fire hydrants will be installed and access provided in
compliance with the then existing Fire Code.
The sanitary sewer lines are private and will be maintained by the Owner.
8. The consideration for the Street closures shall be the owner releasing the City for all
claims it may have for payment of back taxes or street maintenance or any other
claim whatsoever relating to said Streets and designating by visible signs the Streets
as private streets
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 two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency measure this the I i day
of Ja,ievin . , 19 RM .
ATTEST:
21k111-44
City Secretary
APPROVED: f,Q
JAMES R. BRAY
MAYOR
THE CITY OF CORPUS CHRISTI
DAY OF,_ e `, , 1994
r )
, JR., CITY ATTORNEY
By l �_� " % h,(a_t a Lt
Assistant City Attorney
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Corpus Christi, Texas
day of 3C,KtLOn , 19 014
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 two 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 CITY OF CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes CL ri
Dr. Jack Best
Melody Cooper U..Mc�
Cezar Galindo
Betty Jean Longoria l/W Kt
Edward A. Martin 0
Dr. David McNichols ()Ay_
David Noyolai,
Clif Moss LLA.,�
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