HomeMy WebLinkAbout11277 ORD - 01/24/19737RR:HG:e:1 /24/73
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AN ORDINANCE
ABANDONING TO THE PRESENT PROPERTY OWNERS
THAT CERTAIN FORTY (40) FOOT EASEMENT WHICH
CROSSES LOT 2, OF THE JOHN ATLEE MAGEE 6.88
ACRE TRACT, WHICH IS OUT OF A 53.69 ACRE TRACT
OUT OF THE IRA MAGEE 175.93 ACRE TRACT IN
NUECES COUNTY, TEXAS, SUBJECT TO SAID LOT 2
AND ALL LAND ADJACENT THERETO UNDER COMMON
OWNERSHIP BEING PLATTED PRIOR TO SALE; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, in April of 1954, the City of Corpus Christi,
for the purpose of constructing a water line, obtained, by condem-
nation (authorized by Ordinance No. 3702), a certain forty (40)
foot right of way easement across Lot 2 of the John Atlee Magee
6.88 acre tract, which is out of a 53.69 acre tract out of the
Ira Magee 175.93 acre tract in Nueces County, Texas; and
WHEREAS, the aforesaid easement is not now needed by
the City, nor will it within the foreseeable future be needed
by the City of Corpus Christi for any purpose whatsoever; and
WHEREAS, it has been determined that it is to the
advantage of the City of Corpus Christi to abandon the easement
hereinabove described to the present owners of the property
which it crosses:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
h
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the forty (40) foot right of way ease-
ment previously obtained by the City of Corpus Christi, for the
purpose of laying a water line, across Lot 2 of the John Atlee
Magee 6.88 acre tract, which is out of a 53.69 acre tract out of
the Ira Magee 175.93 acre tract, in Nueces County, Texas, being
now surplus to any municipal need, be and the same is hereby
abandoned for public use and every municipal purpose and abandoned
to the present owners of the property which it crosses, in accord-
ance with the laws of the State of Texas and for the service and
interest of the inhabitants of the City of Corpus Christi, subject
to said Lot 2 and all land adjacent thereto under common ownership
being platted prior to sale.
11277
SECTION 2. If for any reason any section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance
shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction it shall not affect any other
section, paragraph, subdivision, clause, phrase, word, or pro-
vision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect
for its purpose.
SECTION 3. The fact that the public convenience and
necessity would be better served by the closing of the aforesaid
easement creates a public emergency and imperative public necessity
requiring the suspension of the Charter rule that no ordinance or
resolution shall be passed finally on the date of its introduction
but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared
such emergency and necessity to exist, and having requested the
suspension of the Charter rule and that this ordinance be passed
finally on the date of its introduction and take effect and be in
full force and effect from and after its passage, IT IS ACCORDINGLY
SO ORDAINED, this the 24th day of January, 1973.
ATTEST: A
C ty Sec e ry
APPROVED:
24TH DAY OF NU RY, 1973:
'ty tto ey
C O
MAYOR
THE CITY OF S CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS -
DAY Of ' l9._a
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED1 AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND.PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
MAYOR
THE CITY OF CORPUS H STI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
- - BONNIE S12EMORE
- -• CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR. ' r
J. HOWARD STARK -
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING
. BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOsQuez, M.D.
'REV. HAROLD T. BRANCH �(��'���= �•-•-
THOMAS V. GONZALES - O
GABE LOZANO, SR.
J. HOWARD STARK