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HomeMy WebLinkAbout026562 ORD - 12/13/2005 ORDINANCE AMENDING ORDINANCE NO. 16561 RELATING TO THE CLOSING AND ABANDONING OF A SIXTY FOOT (60') WIDE PUBLIC STREET ON CORPUS CHRISTI BEACH DESIGNATED AS DICKINSON STREET, FROM SURFSIDE BOULEVARD TO NORTH SHORELINE BOULEVARD TO REMOVE THE VISUAL CORRIDOR PLAT REQUIREMENT OF SECTION 1(c) THEREOF AND TO ADD A PLAT STATEMENT INDICATING THE UTILITY LINES WITHIN THE VACATED AND ABANDONED PUBLIC STREET ARE PRIVATE UTILITIES; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY WHEREAS, on September 23, 1981, City Council passed and approved Ordinance No. 16561 closing and abandoning Dickinson Street between Surfside Boulevard and North Shoreline Boulevard and required in Section 1 (c) thereot "that the abutting property owners provide and maintain an open and unobstructed visual corridor torty teet (40') in width parallel to Dickinson Street.. ."; and WHEREAS, the visual corridor requirement ot said ordinance is no longer necessary because the North Central Development Plan, adopted in 1990, designates Breaker Street as the visual corridor tor the area and two visual corridors within 170 teet ot each other is unnecessary; and WHEREAS, it is beneticial to amend the plat to specify that the utility lines located on Lot 7A, Corpus Christi Beach Hotel Addition, and within the abandoned street right-ot-way are private lines; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 16561, adopted on September 23, 1981, is amended by amending Section 1 (c) thereof to delete the visual corridor plat requirement and to replace it with a statement clearly indicating that the utility lines on the property and within the abandoned street right-ot-way are private utility lines, as tollows: Section 1 * * * (c) That the abutting owners provide and maintain an open and unobstructed \,'isual corridor forty feet (40') in 'Nidth parallel to Dickinson Street from Surfsido Boulovard to the westerly boundary of North Shoreline Boulevard. Said visual corridor shall be situatod bet\veen Bushick Place and Breaker Avonue but shall not be contiguous to eithor of such streets utility lines located on Lot 7 A. Corpus Christi Beach Hotel Addition, and within the closed and abandoned sixty foot (60') wide Dickinson Street rioht-ot-way are private utility lines. * * * 1 ''"'0CC::C2 Ui-II,}O SECTION 2. It tor any reason any section, paragraph, subdivision, clause, phrase, word or provision ot this ordinance shall be held invalid or unconstitutional by final judgment of a court ot competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision ot this ordinance, tor it is the detinite intent ot this City Council that every section, paragraph, subdivision, clause, phrase, word or provision ot this ordinance be given full torce and effect for its purpose. SECTION 3. That upon written request ot the Mayor or tive council members, copy attached, the City Council (1) finds and declares an emergency due to the need tor immediate action necessary for the efficient and effective administration ot City affairs and (2) suspends the Charter rule that requires consideration ot 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 13th day ot December, 2005. PASSED AND APPROVED, this the ~ day ot ~ ,2005. .ATTEST 0 //1," (ILL/.' v(/~ / Armando Chapa Zf City Secretary APPROVED: 13th day of December, 2005. By (;irfC)m~ Gary . Smith Assistant City Attorney tor City Attorney 2 Corpus Christi, Texas _J'3~ dayot~ ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set torth in the emergency clause ot the toregoing ordinance, an emergency exists requiring suspension ot the Charter rule as to consideration and voting upon ordinances at two regular meetings: IlWe, therefore, request that you suspend said Charter rule and pass this ordinance tinally on the date it is introduced, or at the present meeting ot the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the tollowing vote: Henry Garrett ; Brent Chesney John E. Marez ~ Melody Cooper Jerry Garcia ~ Bill Kelly Rex A. Kinnison ~ Jesse Noyola Mark Scott ~L 3 G2f)Sfi2