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HomeMy WebLinkAbout023309 ORD - 05/12/1998AN ORDINANCE CLOSING AND ABANDONING A 12,807 -SQUARE FOOT PORTION OF COLUMBIA PARKWAY STREET RIGHT-OF-WAY SOUTH OF THE SOUTH PADRE ISLAND DRIVE RIGHT-OF-WAY, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS, AND THE OWNER, ONETA COMPANY, D/B/A PEPSI COLA BOTTLING COMPANY OF CORPUS CHRISTI, REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 12,807 -square foot portion of Columbia Parkway street right-of-way south of the South Padre Island Drive right-of-way, as recorded in Volume 26, page 34, of the Map Records of Nueces County, Texas, that the Owner, Oneta Company, d/b/a Pepsi Cola Bottling Company of Corpus Christi, wishes to have closed and abandoned; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon said right-of-way for all purposes, 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 a 12,807 -square foot portion of Columbia Parkway street right-of-way south of South Padre Island Drive right-of-way is closed and abandoned for public use as a right-of- way, subject to Oneta Company, d/b/a Pepsi Cola Bottling Company of Corpus Christi (Owner), complying with the following specified conditions as part of the closure: 1) That, the Owner must dedicate the entire street right-of-way as a utility easement. 2) That, the payment of the fair market value of $6,000 be waived due to costs (within the next two years) of anticipated street repairs which would be borne by the City absent the closure. 3) That, the Owner relocate the curb inlet or construct a grate inlet at its expense. 4) That, the Owner must replat the property within 180 days at its expense. The City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 11:\LEG-DIR\DIANNA\JERRY\ORD\009.ORD (dkw) May 4, 1998 (4.28pm) MICRQFII_MFP 02'3 n SECTION 2. That upon written request of the Mayor or five Council members, copy attached, do 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 0 f h day of �11Ck.�i, 1998. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, Ciij' Secretary�Samuel L. Ne • , Jr., Mayo � LEGAL FORM APPROVED i I L&j bO , 1998, JAMES R. BRAY, JR., CITY ATTORNEY By: Gerard V. D'Alessio, Jr. Assistant City Attorney H:ALEG-DIRVDIANNAAIERRYVORD A009.ORD (dkw) May 4, 1998 (4:28pm) Corpus Christi, Texas Ja h day ofQci, 1998. 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, Samuel L. Neal, Jr., Mayor THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero a,1. K- I Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales am! ,2i - &I( ) Betty Jean Longoria (X i rN John Longoria ktici Edward A. Martin L.i liC/ Dr. David McNichols ( (,c/C� H.\LEG-DIR\DIANNAUERRY\ORD \009.ORD (dkw) May 4, 1998 (4:28pm) �933O9 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2086195 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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, which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 10TH day(s) of MAY, 1998. Corpus Christi Caller -Times, Sunday, May 10, 1998 TWO 12) " 1110 Legal Notices $72.06 NOTICE OF PUBLIC HEARING harems, application having een filed with the City Counc9 f the City of Corpus Christi, exas to consider closing and bandoning a 0.294 acre 12,807 -square foot) portion of urplus Columbia Parkway treat right-of-way out of the olumbia Park Center, Unit.2 ubdivision of the City of Cor - us Christi. NOW', HEREFORE, NOTICE IS EREBY GIVEN THE PUB- IC: That a public hearing on aid application to consider e closure and abandonment ill be held by the City Council the Council Chambers of ity Hall, 1201 Leopard, in the n he 12tof h day of Maus y, uring the regular Council eating which commences at :00 p.m., at which time and lace all persons and parties nd/or their agents may ap- ear and be heard by the said ity Council. Effective on the Oth day of May, 1996. /s/Armando Chaea City Ch q4, oa3aoq Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of MAY 11, 1998. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.