HomeMy WebLinkAbout025784 ORD - 06/08/2004AN ORDINANCE
ABANDONING AND VACATING A 2,682-SQUARE FOOT PORTION OF
A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 24-25, BLOCK
5, SAXET HEIGHTS NO. 2 AND LOT 1, SAXET COMMUNITY CENTER
ANNEX "A"; REQUIRING THE OWNER, CCISD, TO COMPLY WITH
THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN
180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 2,682-square foot portion of a 10-foot wide utility easement out of
Lots 24-25, Block 5, Saxet Heights No. 2 and Lot 1, Saxet Community Center Annex
"A", as recorded in Volume 25, Page 80, Map Records Nueces County, Texas, that the
owner, Corpus Christi Independent School District, (Owner), wishes to have abandoned
and vacated; 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 utility easement 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 2,682-square foot portion of a 10-foot wide utility easement out of
Lots 24-25, Block 5, Saxet Heights No. 2, and Lot 1, Saxet Community Center Annex
"A", as recorded in Volume 25, Page 80, Map Records Nueces County, Texas is
abandoned and vacated for public use as a utility easement, subject to Owner's
compliance with the following specified conditions as part of the abandonment and
vacation:
Fair market value to be waived because Owner will be dedicating utility
easements of greater value to off-set the proposed abandonment and vacation.
The City Gas Department has a 3-inch gas line within the easement that will be
cut, flanged and abandoned in place.
The City Wastewater Department has a 6-inch sanitary-sewer line in the
easement that is to be abandoned and relocated.
Engineering Services Department has agreed to allow CCISD to provide a
temporary lift/pump station to allow for a temporary by-pass line during
construction for continued wastewater service until relocation is completed. At
the time the new wastewater line is constructed, the temporary service will be
abandoned.
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5. The City Water Department has an existing water line that will be abandoned in
place.
Southwestern Bell Company (SBC) has existing power poles in the utility
easement that are to be abandoned and removed at Owner's expense.
AEP and Time Warner both have existing overhead lines attached to the SBC
power poles as well and will seek reimbursement if adjustments to any of their
facilities become necessary.
That the Owner replat the portions of Lots 24-25, Block 5, Saxet Heights No. 2,
and Lot 1 Saxet Community Center Annex "A", being abandoned and vacated
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.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective 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 8th day of June, 2004.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
Mayor
Approved ..J ~. ,...~ ~ , 2004
By: Josep~Harney ~/
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
,2004
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: INVe, 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
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr. ~L,/~.
Brent Chesney
Javier D. Colmenero
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