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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 A:AG5000.457.skp ;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 A:AG5000.457.skp 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 A:AG5000.457.skp 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.,� \forms\045 7.—