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HomeMy WebLinkAbout04546 ORD - 06/06/1956GGP.AC : 6 AN ORDINAP!CE IdHEREBY THE CITY COUNCIL OFFICIALLY REFUSES. IN BEHALF OF THE PUBLIC, TO ACCEPT ATTEMPTED DEDICATIONS OF PROPERTY TO TIE PU31- I C FOR ROA')S, ALLEYS AND UT I L I T Y EASEMENTS DY F. L. V01dELL, F. G. EVANS Jig. AND OTHERS eY DEEDS RECORDED 1Id VULUHr o j , PAGES j`�M TO j, VOLUME 677, PAGES X42 TO j j AND VOLUME 64C, PAGES +5 TO X67 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; AND DECLARING AN E1'EI:GENCY. WHEREAS,F. L. VOWELL, F. G. EVANS, JR., AND OTHERS HAVE ATTEMPTED TO DEDICATE CERTAIN PROPERTIES BY DEED To THE PUBLIC; AND IUHEREAS, SUCH ATTEMPTED DEDICATIONS ARE NET IN THE BEST INTERESTS OF THE PUBLIC, IN THAT THEY DO NOT COHFORIMI TO THE LOGICAL EXTENSIONS OR CSTASLISH- MENT OF FMPOSED ALLEYS, STREETS OR UTILITY EASTI=tENTS IN THE ORDERLY PLANP!ED GROWTH OF THE CITY AND SAID ATTEMPTED DEDICATIONS DO kOT CONFORM WITH THE PRO- CEDURE, AS SET FORTH IN CITY ORDINANCES OR STATE LAW, REGARDING THE DEDICATION OF PUDLIC RIGHT OF WAYS IN THE SUDDIVI DING OF PROPERTY, AND FURTHER SAID OFFERED ALLEY, STREET AND UTILITY DEDICATIONS ARE UNIMPROVED AND i'II GHT COMPEL THE CITY TO ASSUME THE UNNECESSARY EXPENSE TO THE PUDLIC, IN IMPROVING THEM, WHICH RESPONSIBILITY AND EXPENSE, THE CITY, AS REPRESENTATIVE OF THE PU31_IC, REFUSES TO ASSUME: 1,101d, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HEREBY OFFICIALLY REFUSES TO RECOGNIZE, ACK110\dLEDGE OR ACCEPT, FOR AND IN BEHALF OF THE PUBLIC, THE ATTEMPTEO DEDICATIONS TO THE PUBLIC AS SET FORTH IN THREE SEPARATE DEEDS OF CONVEYANCE EXECUTED AND RECORDED AS FOLLOWS: DEED NO. 1. DATED THE TH DAY OF SEPTEMBER, 19541 EXECUTED DY FRANK G. EVANS, JR., F. L. VOWELL AND THE CORPUS CHRISTI DANK AND TRUST COMPANY BY A. E. DABNEY, JR., PRESIDENT, AS RECORDED IN VOLUME '677, PAGCS X411 TO 347 OF THE DEED RECORDS OF TH COUNTY CLER1G'S OFFICE OF NUECES COUNTY, TEXAS. DEED NO. 2. DATED THE 9TH DAY OF SEPTEMBER, 199542 EXECUTED BY FRANK G. EVANS, JR., AND F. L. VOWELL, AS RECORDED IN VOLUME 677, PAGES �)2 TO �4 IN THE DEED RECORDS OF THE COUNTY CLERKS OFFICE OF NUECES COUNTY, TEXAS. DEED 1'10. j. DATED THE LOTH DAY OF I -IAY, 1951, E ;�ECUTED BY FRANn G. EVANS, JR., HIS WIFE FRANCES NI. EVANS, F. L. VOIJELL AND HIS WIFE ELSIE L. VOWELL, AS RECORDED IN VOLUME 640, 46Yr� i PAGES �1� TO 4`7, IN THE DEED RECORDS OF THE COUNTY CLERK'S OFFICE OF NUECES COUNTY, TEXAS. SECTION 2. THAT THIS ACTION TAKEN 13Y THE CITY COUNCIL IS DEEMED TO BE TO THE DEST INTERESTS OF THE CITY Ili PROVIDING FOR THE SAFETY AND GENERAL IJELFARE OF THE PUBLIC AND FOR THE PROMOTION OF THE ORDERLY PLANNED GROWTH OF THE CITY IN THAT SAID OFFERED DEDICATION DO NOT CONFORM TO THE LOGICAL EXTEN- SIONS OR ESTABLISHMENT OF PROPOSED ALLEYS, STREETS, O#-UFTt-tr+- TY- LASEiAEt:TS, AND THAT SAID OFFERED DEDICATION$ DO NOT CONFORH WITH THE PROCEDURE AS SET FORTH IN CITY ORDINANCES OR STATE LAW REGARDING THE DEDICATION OF PUBLIC RIGHT OF WAYS IN THE SU;DIVIDIKQ OF PROPERTY, AND FURTHER SAID OFFERED DEDICATIONS ARE OF RAW ACREAGE WITH NO IMPROVEMENTS PRCVIDED COHCERHING THE ALLEYS APiD STREETS, ATTE?IPTED TO of DEDICATED, WHICH NIGHT COMPEL THE CITY TO ASSUME THE RESPONSI- BILITY AND UNNECESSARY EXPEI +ISE TO THE PUBLIC, IN IMPROVING. SAID - ALLEYS -AND -- STREETS BEFORE SAME COULD UE UTILIZED DY THE PUBLIC AND WHICH RESPONSIBILITY AND EXPENSE THE CITY OF CCRPUS CH RISTI, TEXAS, ABSOLUTELY REFUSES TO ASSUME OR ACCEPT. SECTION j. THAT THE NECESSITY FOR F:EFUSING TO ACCEPT THE ABOVE DESCRIDED OFFERED DEDICATIONS FOR AfJD IN BEHALF OF THE PUBLIC, IH AS REASONABLE A TIME AS POSSIBLE, AFTER SUCH OFFER CAME TO THE ATTENTION OF THE CITY AND AFTER I:AVING GEEN THOROUGHLY CONSIDERED AND REVIEWED AS TO SAID OFFERED DEDI- CATIONS BENEFIT TO TIE GENERAL PUBLIC, SO THAT THERE Wl LL NOT BE AND CANNOT BE IIIFERREO OR IrvlPL.IED III ANY MAi- IIJEP. AN ACCEPTANCE OF SAID OFFERED DEDICATION, EITHER TAC17 OR E;:P ^- ,ESSED, DY THE CITY CREATES A PUBLIC EMERGENCY AND API IMPER- ATIVE PUBLIC PECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT IC ORDIfJAI1CC OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUC;I ORDIIIAi:CE OR R'ESOLUTIO:-I 3iIALIL -,9E READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE ;AYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY LXIS "f, AiJD HAVIN,3 REQUESTED THAT SUCH CHARTER RULE EE SUSPENDED, AND Ti1.;T THIS .RDINANCE HE PASSED FINALLY ON THE DATE OF ITS 11'JTRODUCTION AIJD TAKE EFFECT AND ,�E 121 FULL FDt2CC A;.D EFFECT FRO�11 A :ID AFTER ITS PASSAGE, IT IS AC'Z-O JIf;!;LY SO ORD,AMED. PAS52D AND APPROVED, THIS THE DAY of I i i iAYC C1 r .jECiEIA THE CITY OF :;Oi;PUS CI- 11215T1, TEXAS APPROVED AS TO LEGAL FORT +1 CITY ATTORNEI 0 CORPUS RIST1, TEXAS 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNdlIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, q . MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDON ADO q5*