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Home My WebLink About05481 ORD - 09/02/1959JAW: JKH:9 -1 -59 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN A SANITARY SEWER EASEMENT 15 FEET IN WIDTH AND 05 FEET IN LENGTH, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT 72 FEET IN WIDTH AND 685 FEET IN LENGTH, MOTE OR LESS, BOTH BEING MORE PARTICULARLY DESCRIBED HEREIN, OUT OF, AND OVER AND ACROSS, THE J. T. SMITH ESTATE OWNED BY MRS. J. T. SMITH, ET AL, WHICH SAID SANITARY SEWER EASEMENT AND SAID TEMPORARY CONSTRUCTION EASEMENT ARE NEEDED FOR THE CONSTRUC- TION, INSTALLATION AND MAINTENANCE OF A -INCH SANITARY SEIdER BUNK MAIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI INTENDS TO PROCEED WITH THE PROJECT OF CONSTRUCTING, INSTALLING AND MAINTAINING A 54 INCH SANITARY SEWER TRUNK MAIN WITHIN THE CORPORATE LIMITS OF THE CITY; AND WHEREAS, THE PLANS AND SPECIFICATIONS FOR A PORTION OF THE SAID PROJECT REQUIRE, THAT IN THE PUBLIC INTEREST, SAID 54 INCH-SANITARY SEWER TRUNK MAIN BE CONSTRUCTED, INSTALLED AND MAINTAINED ACROSS A TRACT OF LAND OWNED, OF RECORD, BY LAURA H. SMITH, ROY SMITH, LUCINDA SMITH MARKINS, J. 0. SMITH, NOLAN SMITH, GEORGE T. SMITH, CARL SMITH, STELLA SMITH AND RAY SMITH; AND WHEREAS, TO FURTHER AND COMPLETE THIS PUBLIC PROJECT, THE CITY NEEDS A PERMANENT EASEMENT FOR UTILITY PURPOSES APPROXIMATELY 15 FEET IN WIDTH AND APPROXIMATELY 635 FEET IN LENGTH OUT OF, OVER AND ACROSS THE SAID LARGER TRACT OF LAND, WHICH SAID PERMANENT EASEMENT IS MORE SPECI- FICALLY DESCRIBED AS FOLLOWS: AND A TRACT OF LAND 15 FEET IN WIDTH AND 05 FEET MORE OR LESS IN LENGTH OUT OF FRACTIONAL SECTION 4 RANGE IX HENRY L. KINNEY SECTIONALIZED LANDS AND BEING OUT OF THAT SAME TRACT OF LAND CONVEYED TO ROY SMITH, J. T. SMITH AND RAY E. SMITH BY EDNA LENNOX A FEME SOLE BY DEED DATED FEB. 11, 1947 AND RECORDED IN VOL. 358 PAGE 497, DEED RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING 7.5 FEET EACH SIDE OF A CENTER LINE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH BOUNDARY LINE OF LINDA VISTA STREET, SAID POINT BEARS S 890 - 12' - 40" E. 183 FEET FROM THE NORTHEAST CORNER OF BLOCK 8 OF THE COLONIA HIDALGO ADDI- TION AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. 10 PAGE 49, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE SOUTH, PARALLEL TO AND 183.00 FEET EAST OF THE EAST BOUNDARY LINE OF SAID BLOCK 8, COLONIA HIDALGO ADDITION, A DISTANCE OF 685 FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTH BOUNDARY LINE OF LEXINGTON BOULEVARD; 5481 WHEREAS, DURING THE INSTALLATION OF THIS SAID PUBLIC PROJECT OF A SANITARY SEWER TRUNK MAIN, THE CITY WILL REQUIRE A TEMPORARY CON- STRUCTION EASEMENT ABUTTING, ADJACENT AND PARALLELING THE ABOVE DESCRIB- ED EASEMENT TO THE EXTENT OF 22.5 FEET WIDE WEST OF THE ABOVE DESCRIBED UTILITY EASEMENT AND 49.5 FEET WIDE EAST OF THE ABOVE DESCRIBED UTILITY EASEMENT. SAID TEMPORARY CONSTRUCTION EASEMENT OF 87 FEET TO BE USED DURING THE PERIOD OF CONSTRUCTION AND NOT TO EXCEED ONE (1) YEAR FROM DATE OF POSSESSION BY THE CITY; AND WHEREAS, THE RECORD TITLE OF THE SAID PROPERTY APPEARS TO BE IN THE OWNERSHIP OF THE PERSONS ABOVE NAMED; AND WHEREAS, THE CITY NEEDS TO ACQUIRE THE ABOVE DESCRIBED INTEREST IN LAND FROM THE RECORD OWNERS AND FROM ANYONE WHO MAY HAVE OR CLAIM AN INTEREST THERETO; AND WHEREAS, THE CITY OF CORPUS CHRISTI HAS MADE A BONA FIDE ATTEMPT AND A BONA FIDE OFFER IN AN ATTEMPT TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF THE SAID LAND BUT HAS BEEN UNABLE TO DO SO, AND IT APPEARS THAT SAID OWNERS WILL NOT AGREE TO SAID EASEMENT, AND IT BECOMES EXPEDIENT THAT THE PROPERTY BE ACQUIRED FOR THE SAID PUBLIC PROJECT THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IN CONFORMITY WITH THE PREMISES, AND IN ACCORDANCE WITH PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI DOES HEREBY ORDER THAT THE CITY OF CORPUS CHRISTI, THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN, INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN AN EASEMENT FOR UTILITY PURPOSES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED REAL ESTATE: A TRACT OF LAND 15 FEET IN WIDTH AND 685 FEET MORE OR LESS IN LENGTH OUT OF FRACTIONAL SECTION 4 RANGE IX HENRY L. KINNEY SECTIONALIZED LANDS AND BEING OUT OF THAT SAME TRACT OF LAND CONVEYED TO ROY SMITH, J. T. SMITH AND RAY E. SMITH BY EDNA LENNOX A FEME SOLE BY DEED DATED FEB. 11, 1947 AND RECORDED IN VOL. 358 PAGE 497, DEED RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING 7.5 FEET EACH SIDE OF A CENTER LINE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: -2- BEGINNING AT A POINT IN THE SOUTH BOUNDARY LINE OF LINDA VISTA STREET, SAID POINT BEARS S 89° - 12' - 4o" E. 183 FEET FROM THE NORTHEAST CORNER OF BLOCK 8 OF THE COLONIA HIDALGO ADDITION AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. 10 PAGE 49, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE SOUTH, PARALLEL TO AND 183.00 FEET EAST OF THE EAST BOUNDARY LINE OF SAID BLOCK 8, COLONIA HIDALGO ADDITION, A DISTANCE OF 685 FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTH BOUNDARY LINE OF LEXINGTON BOULEVARD. SECTION 2. IN CONFORMITY WITH THE PREMISES AND IN ACCORDANCE WITH PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS THE CITY OF CORPUS CHRISTI DOES HEREBY ORDER THAT THE CITY OF CORPUS CHRISTI, THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN, INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN AN EASEMENT FOR TEMPORARY CONSTRUC- TION NOT TO EXCEED A PERIOD OF ONE (1) YEAR FROM THE DATE OF POSSESSION BY THE CITY, PARALLELING AND ABUTTING THE ABOVE EASEMENT FOR UTILITY PURPOSES�DESCRIBED IN SECTION l, TO THE EXTENT OF 22.5 FEET WIDE IMMEDIATE- LY WEST OF THE SAID ABOVE DESCRIBED EASEMENT AND 49.5 FEET WIDE IMMEDI- ATELY EAST OF THE SAID ABOVE DESCRIBED EASEMENT. SECTION 3. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE EMINENT DOMAIN PROCEEDINGS AGAINST SAID PROPERTY AND ALL OF THE PERSONS WHO MIGHT HAVE AN INTEREST THEREIN AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION AND OBTAIN THE ABOVE DESCRIBED EASE- MENT FOR UTILITY PURPOSES AND THE ABOVE DESCRIBED TEMPORARY CONSTRUCTION EASEMENT SO THAT THE SAID CONSTRUCTION AND IMPROVEMENT PROJECT OF A 5411 SANITARY SEWER TRUNK MAIN MAY BE COMMENCED AND COMPLETED. SECTION 4. THE PUBLIC IMPORTANCE THAT THE SAID 5411 SANITARY SEWER TRUNK MAIN PROJECT BE COMMENCED AND COMPLETED AND THE FACT THAT THE CITY DOES NOT HAVE POSSESSION AND TITLE INTEREST IN THE ABOVE DESCRIBED REAL PROPERTY 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 COUNCILS AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED -3- 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 PA GE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE AY nF , 1959- MAYOR ATTEST /: THE CITY OF ORPUS CHR TIl TEXAS CITY SFCREtrA v ` G APPROVED AS TO LIWAL FORM THIS THE I- DAY OF , 1959: , r CITY ATT RNEY CORPUS CHRISTI, TEXAS 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 SMALL 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; 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, MAYOR THE CITY OF C P S CHRI T , TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: i ELI -ROY KING C JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE, ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART 41 r„ JOSEPH B. DUNN dk PATRICK J. DUNNE R. A. HUMBLE i GABE L. LOZANO, SR. !