The URL can be used to link to this page

Home My WebLink About025096 ORD - 11/12/2002 AN ORDINANCE ABANDONING AND VACATING A 28,800 SQUARE FOOT PORTION OF AN EIGHTY (80) FOOT WIDE STREET RIGHT-OF-WAY ON WATER STREET, BETWEEN THE RESACA STREET AND HUGHES STREET RIGHTS-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 28,800 square foot portion of an 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street rights-of-way, as recorded in Volume 9, Pages 38-41, Map Records Nueces County. Texas, that the owners, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, November 12, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 28,800 square foot portion of an 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street rights-of-way, as recorded in Volume 9. Page 38-41. Map Records Nueces County, Texas is abandoned and vacated for public use as a street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: I. That the payment of the fair market value be waived because the Owner is the City of Corpus Christi and the closure is at the request of the Owner to convert the property into an area for the construction of a public parking lot. 2. CPL, SWBT, and TimeWarner will seek reimbursement if adjustments to their facilities become necessary. 3. Water, Wastewater, Storm Water and Gas Departments are requiring that the City retain a utility easement for the entire width of the street rights-of-way for their existing utilities or that the utilities be relocated at Owner's expense. 4. The Owner must replat the property within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. L:\LEG-DIR\JOSEPH\ WORD\ORD-water-str.doc (, 2 :i 0 9 6 ""--'-'--""_.'---..,-.. .- SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) tinds and declares an emergency due to the need for immediate action nccessary for the efficient and efTective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12'1, day of November, 2002. ATTEST: THE CITY OF CORPUS CHRISTI ~o /1.dr~ Samuel L. Neal, Jr. Mayor Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney A,/O/''>L.<.-1S.t-l-- c.( ,2002 By: /\.-/l, I ~ Joseph~arney ~ Assistant City Attorney L:\I.EG-Dl R\JOSEPH\ WORD\ORD-water-str.doc Corpus Christi, Texas \ r, \\, l-c\ day of Y \ n'-t (It IJt,\ , 2002 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 The above ordinance was passed by the following vote: Javier D. Colmenero (1 Cjk' / '.( ( t q . k) ~~.(- IC' ,. u1r- (tJ,y- ({! Ii u~)C IL ~, (.\~jC ( : I ,cut ; 'J- ( AI . r VV~r ~ Samuel L. Neal, Jr. Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott I.:\LEG-DI R\JOSEPH\ WORDlORD-water-stLdoc (125096 ,_._..- ,......'"~..,-,>.- _'''-~--...-.,..- '-', ~_. PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 4363681 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager 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 9TH day(s) of NOVEMBER, 2002. Ore!. Neb, O'JS()q~/ OJ)Joqr;/ ~O~fjOqt $158.38 bL'CUlC1- ?tj UuliJO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of NOVEMBER I 1,2002. /J ' 11f-._ . ( X r~ lfnaf2{~ ~ lk'..tJ Notary Public, Nueces Co nty, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Clilner-~im8S, Sal\m:l8y, NCfember 9,20021023 ~ 0 . "'1 NOTICE Of I PUBLIC HEARING Whereas, application ha~ been filed with the Cfty Council of the City of Corpus Christl, Tex.., to consider vac.tin~ and abandonIng the following streets: a 28,SOO-square foot portion of an SO-foot wide street Iight--of-way on Water. Street, i between.. the .R888ca I Street and Hughes; Street street rights-ot-way; an '=-Wi.i1I<. foot . .. of . 50-foot wide _t Ijght-ol-wey on H'ugh" Street, between the Wale. Str..t and West Shoreline Boulevard street rights-of~W8Y; and .,832 square feet of tM westside portion of the North Sh0f8line _llfd street right. of-way, approximately 792 teet north of the north right-ot.way Hoe ofResaca Street right- of-way. NOW, THEREFORE. NOTICE IS HEREBY GIllEN THE 5'. U. BLIC: l Tt\8t a public hearing I DOl, ........., to .fit vlilDating ndonIng 'liriM be by the 'City . .<:900011 . Hall, 1.~lntl1e CIly of Corpue Cl/!rIsti, T... on NoveftIber 12, 2002 dUrlngtl1e r.oular Council l"AMIing after 1 :00 p...., at which lima and ~ all porions ~nd parties and/or their agents may appear .n4beheardbytl1e salt - City Council. ElIl!ttiW !lIl_r 9, 8102. '.._IM Armando C~ ;"lo-.. ....~.. Sec~ry .......- - __.lA. ORti ----.--,-----'..---