HomeMy WebLinkAbout023819 ORD - 10/26/1999ORDINANCE
CLOSING, BUT NOT ABANDONING, ONLY THE PAVED STREET
PORTION OF VESTAL STREET BETWEEN YALE STREET AND
SHERMAN STREET, IN MIDWAY ADDITION, SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS, AND DECLARING
AN EMERGENCY.
WHEREAS, residents of the 2100 blocks of Yale Street and Sherman Street have expressed
their opinion that Vestal Street between Yale Street and Sherman Street should be closed to motor
traffic for improved public safety; and
WHEREAS,the Vestal Street pavement used for traffic flow is subject to closure, but not
abandonment, at the request of the City of Corpus Christi ("Owner"), subject to compliance with
specified conditions; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to close, but not abandon, said street pavement for public use, subject to the
conditions listed below;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Vestal Street pavement only, with the street curb, gutter, sidewalk,
and additional non -paved street right-of-way portion of the right-of-way specifically remaining open
for public purposes, between Yale Street and Sherman Street, as recorded by the plat of Midway
Addition, Volume 11, pages 22-23, is closed, but not abandoned, subject to the following specified
conditions as part of the closure:
That since the Owner, the City of Corpus Christi, is initiating the closure for public
safety purposes and since the City is retaining the non -paved portion of right-of-way
for public purposes, the payment of fair market value of the street closure is waived.
2. That the City, as Owner, retain and maintain the entire paved portion of the closed
Vestal Street right-of-way as utility easement and emergency access drive.
3. That the owner of the property described as Lot 1, Block 4, Midway Addition, will
be permitted to use the closed Vestal Street right-of-way only for private driveway
access to this property.
That the owners of the properties described as Lots 1 and 19, Block 4, Midway
Addition will be permitted to use the closed Vestal Street right-of-way only for on -
street parking purposes adjacent to those properties.
Ili.LEG-DIR'NERONICAAALISON''ORD99 700`.AGORD99 753
023819
That only the City, as Owner, has the right to modify, alter, or improve the closed
Vestal Street right-of-way.
6. That both the abutting and non -abutting property owners and other residents must
not place any obstructions, objects, materials, fencing, plantings, devices or any
other objects upon the closed Vestal Street right-of-way, without the prior written
approval of the City Manager, or designee.
SECTION 2. 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 ssed and shall take effect upon first reading as an
emergency measure this the at Ally of bf3V.C1_ , 1999.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary ' Samuel L. Neal, Jr., Mayor
Legal form approved l'9 O-cto , 1999; James R. Bray Jr., City Attorney.
By:
Alison Gallaway Assistant City Attorney
H:\LEG-DIR\VERONICA\ALISON\ORD99 700\AGORD99 753
Corpus Christi, Texas
��dayof �(j
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 1999.
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: Uwe,
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,
OR
THE CITY OF CORPUS CH1 I
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
H:ALEG-DIRVVERONICA `.ALISONAORD99 700AAGORD99 753
023819
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 3168966
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
Ca8'l
on the 24TH day(s) of OCTOBER, 1999.
TWO 2 ) Time(s)
$99.23
\\001141111/4,0
Vice -President and Chief Financial Officer
Subscribed and sworn to me on the date of
OCTOBER 25, 1999.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.
Corpus Christi Caller -Times Sunday, October 24, 1999
LEGAL
NOTICES
NOTICE OF
PUBLIC HEARING
Whereas, application
having been filed with
the City Council of the
City of Corpus Christi,
Texas to consider the
closure but not
abandonment of Vestal
Street pavement
(exclusive of street curb,
gutter, sidewalk, and
additional non -paved
street right-of-way)
between Yale Street and
Sherman Street as
recorded by plat of
Midway Addition,
Volume 11, pages 22-23
of the City of Corpus
Christi. NOW,
THEREFORE, NOTICE
IS HEREBY GIVEN THE
PUBLIC: That a public
hearing on said
application to consider
the closure will be held
by the City Com:;il in the
Council Chambers of
City Hall, 1201 Leopard,
in the City of Corpus
Christi, Texas on the
26th day of October,
1999 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 may appear and
be heard by the said City
Council. Effective on the
24th. day of October,
1999.
/s/Armando Chapa
City Secretary City of l
Corpus Christi