TITLE
HOLD a public hearing and consider an ordinance granting Atmos Energy a .202 acre temporary construction easement to be located on Lot 16, Block 1, Hunter’s Chase Subdivision (Hunt Neighborhood Park), Killeen, Texas. (3rd of 3 readings)
SUMMARY
DATE: July 6, 2021
TO: Kent Cagle, City Manager
FROM: Tony McIlwain, Executive Director of Development Services
SUBJECT: Case #21-02AB: Grant Atmos Energy a .202 acre temporary construction easement to be located on Lot 16, Block 1, Hunter’s Chase Subdivision (Hunt Neighborhood Park)
BACKGROUND AND FINDINGS:
Atmos Energy Corporation submits this request for the grant of a .202 acre temporary construction easement to be located at 2301 Hunt Drive. The site of the .202 acre temporary construction easement is platted as Lot 16, Block 1, Hunter’s Chase Subdivision and is the current location of Hunt Neighborhood Park. Atmos Energy intends to use the approximate 30’ by 292’ feet area as a temporary workspace during a pipeline replacement effort. (see Exhibit “A” of the ordinance). The attached Exhibit “A” illustrates the location of the easement that will encompass the park’s basketball court and a portion of its playground and sidewalk.
Article XI, Section 119, of the City Charter authorizes the City Council to approve this easement request. The Charter states that, "the ownership, right of control and use of streets, highways, alleys, parks, public places and all other real property of the City of Killeen is hereby declared to be inalienable to said City, except by ordinances passed by vote of the majority of the governing body of the city, as hereinafter provided; and no franchise or easement involving the right to use same, either along, across, over or under the same, shall ever be valid unless expressly granted and exercised in compliance with the terms hereof, and of the ordinances granting the same. No act or omission of the city, its governing body, officers or agents shall be construed to confe...
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