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HomeMy WebLinkAbout05086 ORD - 07/02/1958BWS:EB:7 /2/58 r AN ORDINANCE WHEREBY THE CITY COUNCIL OFFICIALLY REFUSES ON BEHALF OF THE PUBLIC TO ACCEPT ATTEMPTED DEDICATION OF PROPERTY TO THE PUBLIC FOR AN ALLEY BY H. A. CARR, TRUSTEE, BY PLAT RECORDED'IN THE MAP RECORDS OF NUECES COUNTY, TEXAS,•IN VOLUME-i6, AT PAGE 58; AND DECLARING AN EMERGENCY. WHEREAS, H. A. CARR, TRUSTEE, HAS ATTEMPTED TO DEDICATE CERTAIN PROPERTY, HEREINAFTER MORE PARTICULARLY DESCRIBED, BY PLAT, TO THE PUBLIC; AND WHEREAS, SUCH ATTEMPTED DEDICATION IS NOT IN THE BEST INTEREST OF THE PUBLIC, IN THAT THE ALLEYWAY PURPORTED TO BE DEDICATED HAS NEVER BEEN OPENED OR IMPROVED IN ANY WAY BUT IS RAW UNDEVELOPED LAND WHICH MAY SUBJECT OR COMPEL THE CITY TO ASSUME THE UNNECESSARY EXPENSE TO THE PUBLIC IN IMPROVING IT, WHEN SUCH EXPENSE SHOULD BE BORNE BY THE OWNER OF THE PROPERTY BY PROVIDING A PRIVATE SER- VICE DRIVEWAY TO THE PROPERTY, WHICH RESPONSIBILITY AND EXPENSE OF SUCH IMPROVE- MENTS, 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 ON BEHALF OF THE PUBLIC, THE ATTEMPTED DEDICATION TO THE PUBLIC OF THAT CERTAIN ALLEYWAY DESCRIBED AS FOLLOWS: A TWENTY (2O') FOOT ALLEYWAY ON THE SOUTH AND SOUTHEAST BOUNDARIES OF WASHBURN VILLAGE, A SUBDIVISION TO THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN ON A MAP OR PLAT OF THE SAID WASHBURN VILLAGE RE- CORDED IN THE MAP RECORDS OF NUECES COUNTY, TEXAS, IN VOLUME 16, AT PAGE 58, TO WHICH 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 INTEREST 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 THE SAID DEDICATION OF THE AFORESAID ALLEY IS OF RAW ACREAGE WITH NO IMPROVE- MENTS, WHICH MIGHT COMPEL AND OBLIGATE THE CITY TO ASSUME THE RESPONSIBILITY AND UNNECESSARY EXPENSE TO THE PUBLIC IN IMPROVING THE ALLEY, WHEN SUCH EXPENSE SHOULD BE BORNE BY THE PROPERTY OWNER BY PROVIDING A PRIVATE ACCESS OR DRIVEWAY TO THE PROPERTY AND WHICH RESPONSIBILITY AND EXPENSE THE CITY OF CORPUS CHRISTI, TEXAS, ABSOLUTELY REFUSES TO ASSUME OR ACCEPT. • SECTION 3. THAT THIS ACTION TAKEN BY THE CITY COUNCIL REFUSING TO ACCEPTS ON BEHALF OF THE PUBLIC, THE DEDICATION OF THE AFORESAID ALLEYWAY SHALL IN NOWISE ELIMINATES ABOLISH OR ABRIDGE ANY UTILITY EASEMENTS OR STREET OR ROAD RIGHT OF WAY EASEMENTS OR DEDICATIONS, BUT THE TEN (10') FOOT UTILITY EASEMENT ALONG WITH ALL STREET OR ROAD RIGHT OF WAY EASEMENTS OR DEDICATIONS SHOWN ON THE MAP OR PLAT OF SAID WASHBURN SUBDIVISION, OF RECORD IN THE MAP RECORDS OF NUECES COUNTY, TEXAS, IN VOLUME 16, PAGE 58, SHALL CONTINUE TO BE IN FULL FORCE AND EFFECT. SECTION 4. THAT THE NECESSITY FOR REFUSING TO ACCEPT THE ABOVE DESCRIBED DEDICATION, FOR AND ON BEHALF OF THE PUBLIC, IN AS REASONABLE A TIME AS POSSIBLE, AFTER SUCH CAME TO THE ATTENTION OF THE CITY AND AFTER HAVING BEEN THOROUGHLY CONSIDERED AND REVIEWED AS.'TO THE BENEFIT AND OBLIGATIONS TO THE GENERAL PUBLIC, SO THAT THERE WILL NOT BE AND CANNOT BE INFERRED OR IMPLIED IN ANY MANNER AN ACCEPTANCE OF SAID OFFERED DEDICATIONS EITHER TACIT OR EXPRESSED, 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 PASSAGES IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF JULY" 1958. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SEC E RY APPROVED AS TO LEGAL FORM THIS 2ND DAY OF JULY, 1958: Ac�ril TY ATTORNEY CLa C 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. ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FORy 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 BETREAD,AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE] HEREBY REQUEST THAT YOU SUSPEND}SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE-FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY,��f� MAYOR- THE CITY OF CORPUS CHRISTI, TEXAS THE..CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH t-77,W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ! ^LU - s ARTHUR R. JAMES ^ OD ELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING V'OTTES FARRELL D. SMITH G� W. J. ROBERTS }E �^ l B. E. BIGLER blJ.( l MANUEL P. MALDONADO CHARLIE J. AILLS C?-,e� ARTHUR R. JAMES ODELL INGLE 1