HomeMy WebLinkAbout05004 ORD - 03/26/1958MER 3 -26 -58
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AN ORDINANCE
WHEREBY THE CITY COUNCIL OFFICIALLY REFUSES,
IN BEHALF OF THE PUBLIC, TO ACCEPT ATTEMPT-
ED DEDICATION OF PROPERTY TO THE PUBLIC FOR
STREET BY FRANCES PLACHY BY DEED RECORDED
IN VOLUME 609, PAGE 73 OF THE DEED RECORDS
OF NUECES COUNTY, TEXAS; AND DECLARING AN
EMERGENCY.
WHEREAS, FRANCES PLACHY HAS ATTEMPTED TO DEDICATE
CERTAIN PROPERTY BY DEED TO THE PUBLIC; AND
WHEREAS, SUCH ATTEMPTED DEDICATION IS NOT IN THE BEST
INTERESTS OF THE PUBLIC, IN THAT IT DOES NOT CONFORM TO THE LOGICAL EXTENSION
OR ESTABLISHMENT OF PROPOSED STREETS IN THE ORDERLY PLANNED GROWTH OF THE
CITY AND SAID ATTEMPTED DEDICATION DOES NOT CONFORM WITH THE PROCEDURE,
AS SET FORTH IN CITY ORDINANCES OR STATE LAW, REGARDING THE DEDICATION
OF PUBLIC RIGHTS OF WAY IN THE SUBDIVIDING OF PROPERTY, AND FURTHER SAID
OFFERED STREET IS UNIMPROVED AND MIGHT COMPEL THE CITY TO ASSUME THE UN-
NECESSARY EXPENSE TO THE PUBLIC, IN IMPROVING IT, WHICH RESPONSIBILITY AND
EXPENSE, THE CITY, AS REPRESENTATIVE OF THE PUBLIC, REFUSES TO ASSUME:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, HEREBY OFFICIALLY REFUSES TO RECOGNIZE, ACKNOWLEDGE
OR ACCEPT, FOR AND IN BEHALF OF THE PUBLIC, THE ATTEMPTED DEDICATION TO THE
PUBLIC AS SET FORTH IN A DEED OF CONVEYANCE AND DESCRIBED AS FOLLOWS:
TRACT ONE. A STRIP OF LAND 251 IN WIDTH ALONG THE S 1/2 OF LOT 2
OF SECTION 2, BOHEMIAN COLONY LANDS, NUECES COUNTY,
TEXAS, AS SHOWN BY MAP OR PLAT OF SAID BOHEMIAN COLONY
LANDS ON FILE IN THE OFFICE OF THE COUNTY CLERK OF
NUECES COUNTY, TEXAS.
TRACT TWO. THE N 251 OF THE E 10 ACRES OF THE N 1/2 OF LOT 3,
SECTION 2 OF THE BOHEMIAN COLONY LANDS, NUECES COUNTY,
TEXAS, AS SHOWN BY MAP OR PLAT OF SAID BOHEMIAN COLONY
LANDS ON FILE IN THE OFFICE OF THE COUNTY' CLERK OF
NUECES COUNTY, TEXAS.
SAID TWO TRACTS,BEING THE SAME LANDS DESCRIBED IN A
DEED FROM FRANCES PLACHY TO THE PUBLIC DATED SEPTEMBER
3, 1953, FILED SEPTEMBER 10, 1953, AND RECORDED IN
-5Dc) 4
VOLUME 609, PAGE 73 OF THE DEED RECORDS OF NUECES
COUNTY, TEXAS, TO WHICH RECORD REFERENCE IS HERE
MADE FOR A MORE PARTICULAR DESCRIPTION.
SECTION 2. THAT THIS ACTION TAKEN BY THE CITY COUNCIL
IS DEEMED TO BE TO THE BEST INTERESTS OF THE CITY IN PROVIDING FOR
THE SAFETY AND GENERAL WELFARE OF THE PUBLIC AND FOR THE PROMOTION
OF THE ORDERLY PLANNED GROWTH OF THE CITY IN THAT SAID OFFERED
DEDICATION DOES NOT CONFORM TO THE LOGICAL EXTENSIONS OR ESTABLISH-
MENT OF PROPOSED STREETS AND THAT SAID OFFERED DEDICATION DOES NOT
CONFORM WITH THE PROCEDURE AS SET FORTH IN CITY ORDINANCES OR STATE
LAW REGARDING THE DEDICATION OF PUBLIC RIGHT OF WAYS IN THE SUB-
DIVIDING OF PROPERTY, AND FURTHER SAID OFFERED DEDICATION IS OF
RAW ACREAGE WITH NO IMPROVEMENTS PROVIDED CONCERNING THE STREET,
ATTEMPTED TO BE DEDICATED, WHICH MIGHT COMPEL THE CITY TO ASSUME THE
RESPONSIBILITY AND UNNECESSARY EXPENSE TO THE PUBLIC, IN IMPROVING
SAID STREET BEFORE SAME COULD BE UTILIZED BY THE PUBLIC AND WHICH
RESPONSIBILITY AND EXPENSE THE CITY OF CORPUS CHRISTI, TEXAS,
ABSOLUTELY REFUSES TO ASSUME OR ACCEPT.
SECTION 3. THAT THE NECESSITY FOR REFUSING TO ACCEPT
THE ABOVE DESCRIBED OFFERED DEDICATION FOR AND IN BEHALF OF THE PUBLIC,
IN AS REASONABLE A TIME AS POSSIBLE, AFTER SUCH OFFER CAME TO THE
ATTENTION OF THE CITY AND AFTER HAVING BEEN THOROUGHLY CONSIDERED AND
REVIEWED AS TO SAID OFFERED DEDICATION BENEFIT TO THE GENERAL PUBLIC,
50 THAT THERE WILL NOT BE AND CANNOT BE INFERRED OR IMPLIED IN ANY
MANNER AN ACCEPTANCE OF SAID OFFERED DEDICATION, EITHER TACIT OR EX-
PRESSED, BY THE CITY CREATES A PUBLIC EMERGENCY AND AN 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ
AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING
DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED
THAT SUCH CHARTER RULE BE SUSPENDED, 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.
PASSED AND APPROVED, THIS THE --Fl DAY OF
MARCH, 1958.
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST•
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CITY ECRETARY . �i
APPROVED AS TO LEGAL FORM
THI � DAY OF MARCH, 1958
CITY ATTORNEY
CO US CHRISTI, TEXAS
1958
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING. ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY
COUNCIL; Ip THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS'ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCEDS OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
M 0
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS `
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
1
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
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