HomeMy WebLinkAbout05671 ORD - 02/17/1960a,,,JAw:JKH:2-16 -60
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY TFE
CITY OF CORPUS CHRISTI TO CONDEMN -A LEASEHOLD
ESTATE HELD OR CLAIMED TO BE HELD BY LOU GRAY,
INSOFAR AS IT COVERS CERTAIN LANDS OWNED IN F E
BY THE CITY, BEING MORE FULLY DESCRIBED HEREIN,
SAID CONDEMNATION BEING NECESSARY FOR THE PROJECT
OF WIDENING AND IMPROVING A PORTION OF STATE
HIGHWAY WITHIN CORPORATE LIMITS F THE
CI. OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY
TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS
OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.
WHEREAS, IT HAS BEEN DETERMINED BY THE CITY OF CORPUS CHRISTI
AND THE STATE OF TEXAS ACTING BY AND THROUGH THE STATE HIGHWAY COMMIS-
SION, THAT IT IS NECESSARY THAT A GRADE SEPARATION BE CONSTRUCTED ON
STATE HIGHWAY N0. 9 APPROXIMATELY MIDWAY BETWEEN THE INTERSECTIONS OF
STATE HIGHWAY N0. 9 WITH MCBRIDE LANE AND WITH SAVAGE LANES ALL OF WHICH
PARTS OF STATE HIGHWAY NO. 9 ARE WITHIN THE CORPORATE LIMITS OF THE
CITY OF CORPUS CHRISTI; AND
WHEREAS, SAID GRADE SEPARATION REQUIRES THE WIDENING OF THE
EXISTING STATE HIGHWAY N0. 9 RIGHT OF WAY FOR CONSTRUCTION OF FRONTAGE
ROADS THEREON IN ACCORDANCE WITH THE CERTAIN PLANS JOINTLY APPROVED
BY THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY COMMIS-
SION, AND THE CITY OF CORPUS CHRISTI, BEING PROJECT N0. C- 74 -6 -37; AND
WHEREAS, FEE TITLE TO SAID LANDS NECESSARY TO BE ACQUIRED IN
THIS WIDENING PROJECT WERE ACQUIRED SUBJECT TO CERTAIN UNRECORDED EXIST-
ING LEASEHOLD INTERESTS WHICH SAID LEASEHOLD INTERESTS ARE NECESSARY
TO BE ACQUIRED BY THE CITY OF CORPUS CHRISTI IN ORDER THAT THE SAID
PROJECT MAY BE BEGUN AND COMPLETED; AND
WHEREAS, LOU GRAY IS THE APPARENT HOLDER OF A CERTAIN
RECORDED LEASEHOLD ESTATE WHICH HAS TO BE ACQUIRED IN CONJUNCTION AND
FURTHERANCE OF THE SAID PROJECTS AND SAID PARTIES HAVING BEEN MADE A
BONA FIDE AND FAIR OFFER FOR THE NECESSARY LEASEHOLDS BUT HAVE WHOLLY
REFUSED AND FAILED TO ACCEPT SAID BONA FIDE AND FAIR OFFERS AND THE
CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREEMENT WITH SAID
PARTIES AS TO THE PRICE AND VALUE OF SAID LEASEHOLD ESTATES IT HAS
BECOME EXPEDIENT THAT SUCH BE ACQUIRED BY THE CITY THROUGH THE EXERCISE
5671
OF ITS POWER OF EMINENT DOMAIN FOR THE SAID PUBLIC PROJECT AND PUR-
POSE OF WIDENING AND IMPROVING A PORTION OF THE RIGHT OF WAY OF STATE
HIGHWAY N0. 9 WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI:
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 THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS DOES HEREBY ORDER AND DIRECT
THE CONDEMNATION OF THAT CERTAIN LEASEHOLD ESTATE OWNED, HELD OR CLAIMED
BY LOU GRAYS INSOFAR AS A LEASEHOLD ESTATE IS HELD, COVERINGS ON OR
OVER THE FOLLOWING LOTS TRACT OR PARCEL OF LANDS TO -WIT:
A TRACT OF LAND OUT OF JULIA MCBRIDE ROBINSON
22.76 ACRE TRACT BEING OUT OF SHARE "E° OF THE
MCBRIDE PARTITIONS NUECES COUNTY, TEXAS,
BEGINNING AT A POINT IN THE SOUTH LINE OF STATE
HIGHWAY N0. 9, SAID POINT BEARS S 88° 321 E 752
FEET FROM THE NORTHWEST CORNER OF LOT 14, BLOCK
n1 -A° WEST SIDE INDUSTRIAL DISTRICT AS SHOWN BY
MAP OR PLAT OF RECORD IN VOL. 21, PAGE 26 OF THE
MAP RECORDS OF NUECES COUNTY TEXAS;
THENCE S 640 39' W, 71.13 FEET TO A POINT FOR A
CORNER OF THIS SURVEY;
THENCE N 010 211 E, 31.96 FEET TO A POINT IN THE
SOUTH LINE OF STATE HIGHWAY NO. 9 FOR A CHANGE OF
THIS SURVEY;
THENCE S 880 39' E, 63.55 FEET TO THE PLACE OF
BEGINNINGS AND CONTAINING 1015 SQUARE FEET MORE
OR LESS.
SECTION 2. THE CITY ATTORNEY 15 HEREBY AUTHORIZED AND
DIRECTED TO CARRY OUT THE DIRECTION OF THIS ORDINANCE BY INSTITUTING
CONDEMNATION PROCEEDINGS AGAINST SAID OWNER, AND ANY OTHER PERSONS
WHO MIGHT BE FOUND TO HAVE AN INTEREST THEREIN CONDEMNING SAID LEASE-
HOLD ESTATES AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CON-
CLUSION, WITH THE INTENTION OF OBTAINING POSSESSION AND FULL TITLE TO
SAID LEASEHOLD ESTATE SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT
OF WIDENING AND IMPROVING A PORTION OF STATE HIGHWAY NO. 9 MAY BE
COMMENCED AND COMPLETED.
-2-
7
SECTION 3. THE PUBLIC IMPORTANCE OF SECURING ALL
LEGAL INTERESTS IN THE RIGHT OF WAY NECESSARY FOR THIS PUBLIC
PROJECT HEREINABOVE DESCRIBED SO THAT SAID CONSTRUCTION AND IM-
PROVEMENT PROJECT MAY BE COMMENCED AND COMPLETED CREATES A PUBLIC
EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN-
SION OF THE CHARTER RULE PROVIDING 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 MAYORS HAVING DECLARED SUCH EMERGENCY
AND NECESSITY TO EXISTS 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 PASSED AND APPROVED, THIS
THE DAY OF FEBRUARYS 1960.
MAYOR
THE CITY 0 ORPUS C STIR TEXAS
ATTEST:
'7
CITY SECRETARY /
APPROVED AS TO LEGAL FORM TH/IIS/
/' DAY OF FEBRUARY, 1960:
CITY AT OR EY /
•
CORPUS CHRISTI TEXAS
DAY OF�>' 19�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, 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
1, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
YOR
THE Cl Tiq CORPUS YRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLRoY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.
•