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