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HomeMy WebLinkAbout05826 ORD - 07/27/1960IMS:JKH :7-25 -60 AN ORDINANCE AND DIRECTING I AND IN SAID PROCEEDI BED OF LAND OUT OF LOT 8, SECTION E, PAISLEY SUBDIVISION CORPUS CHRISTI, NUECES COUNTY, TEXAS, N�tvl ED BY M. 0. TURNER; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, ONE M. 0. TURNER IS THE OWNER OF A TRACT OF LAND OF APPROXIMATELY 17.04 ACRES OUT OF LOT 8, SECTION E, PAISLEY SUBDIVISION, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, IN NUECES COUNTY, TEXAS, AND SAID LAND IS AND HAS FOR SOME TIME CONSTITUTED A PUBLIC AND PRIVATE NUISANCE IN THAT SAID PROPERTY IS SITUATED APPROXIMATELY 355 FEET WEST OF A PRINCIPAL STREET OF THE CITY OF CORPUS CHRISTI, TO -WIT, GREENWOOD DRIVE, AND WITHIN APPROXIMATELY 200 FEET OF A RESIDENTIAL AREA OF THE CITY OF CORPUS CHRISTI AND IS ADJACENT TO CERTAIN CITY -OWNED PROPERTY, INCLUDING THE DRAINAGE WAY FOR THE AREA OF THE CITY, INCLUDING CLIFF MAUS MUNICIPAL AIRPORT, AND AN AREA OF APPROXIMATELY FIVE ACRES IMMEDIATELY ADJOINING AND TO THE NORTH OF SAID 17A ACRES, WHICH FIVE ACRE TRACT THE CITY IS INTENDING TO USE FOR PUBLIC PARK PURPOSES BUT FOR THE FOLLOWING FACTS AND CONDITIONS EXISTING ON THE LAND OF SAID M. 0. TURNER, WHICH CONSTITUTE A NUISANCE: 1. SAID LAND HAS BEEN THE SITE OF A PIT FOR THE OBTAIN- ING OF MATERIAL FOR SUBGRADES AND BUILDING CONSTRUCTION AND OTHER FILL PURPOSES OVER A PERIOD OF YEARS WHICH HAS RESULTED IN APPROXIMATELY 15 ACRES OF THE SAID 17.04 ACRES NOW CONSTITUTING A PIT AND WHICH IS APPROXIMATELY 35 FEET IN DEPTH,ON THE AVERAGE, FROM THE NATURAL LEVEL OF THE LAND. 2. SAID AREA HAS NO DRAINAGE FACILITIES FOR DRAINING THE SEEPAGE WATER AND RAINWATER WHICH SEEPS INTO AND FALLS INTO SAID PIT AREA, THEREBY CONSTITUTING A BODY OF STAGNANT WATER WHICH IS UN- HEALTHFUL, PROVIDES A PLACE FOR THE BREEDING OF MOSQUITOES AND OTHER INSECTS,AND CONSTITUTES AN ATTRACTIVE NUISANCE TO CHILDREN PLAYING 1 5826 t IN THE AREA, WHICH HAS ALREADY RESULTED IN THE DROWNING OF SOME OF SAID CHILDREN. 3, SAID EXCAVATION AND THE RESULTING CAVING OF THE WALLS OF SAID PIT AND THE SEEPAGE OF WATER, TOGETHER-WITH THE NATURAL OCCURRENCE OF RAIN AND WIND, CONSTITUTES A THREAT TO THE LATERAL SUPPORT OF THE AREA ON AND OVER WHICH THE CITY IS MAINTAINING A DRAINAGE STRUCTURE FOR THE DRAINAGE OF THE AREA OF THE CITY, INCLUD- ING CLIFF MAUS MUNICIPAL AIRPORT. 4. PARTS OF SAID PIT AREA HAVE BEEN PERMITTED TO GROW UP IN WEEDS, AND DEBRIS, RUBBISH AND TRASH HAVE ACCUMULATED IN SAID PIT AREA AND CONSTITUTES A MENACE TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE NEIGHBORHOOD; AND WHEREAS, SAID TRACT OF LAND IS OF NO VALUE -FOR ANY USEFUL PURPOSE AND SHOULD BE FILLED TO ABATE THE NUISANCE WHICH EXISTS THEREON BUT THE OWNER CONTINUES TO MAINTAIN SAID NUISANCE NOTWITHSTANDING THE HAZARDS TO HEALTH, SAFETY AND WELFARE OF THE PUBLIC AND THE PROPERTY OWNERS NEARBY; AND WHEREAS, IT IS NECESSARY TO SECURE AN ABATEMENT OF SAID NUISANCE AND THE PLAINTIFF CITY OF CORPUS CHRISTI IS EMPOWERED BY LAW TO ABATE NUISANCES WITHIN THE CITY LIMITS, AND HAS FACILITIES IN THE WAY OF PUMPS AND AVAILABLE FILL DIRT FROM CONSTRUCTION WORK AT OTHER SITES, AND USE FOR SAID PROPERTY AS A SANITARY LANDFILL AREA IS TO BE NECESSARY THAT THE CITY ACQUIRE SAID PROPERTY AND ABATE SAID NUISANCE, OR THAT THE OWNER BE COMPELLED TO ABATE SAID NUISANCE, OR THAT THE CITY BE AUTHORIZED TO ABATE SAID NUISANCE AT AN APPROXIMATE COST OF $75,000; AND WHEREAS, THE CITY COUNCIL HAS CONSIDERED SAID PROBLEM AND THE NECESSITY FOR ABATEMENT OF SAID NUISANCE, AND HERE AND NOW DECLARES SAID CONDITIONS EXISTING ON SAID LAND TO CONSTITUTE A NUISANCE AND DIRECT THE ABATEMENT OF SAID NUISANCE: NOd, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: -2- r . �2 SECTION 1. THAT THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED'TO INSTITUTE PROCEEDINGS TO ABATE A NUISANCE, AND IN THE ALTERNATIVE,ID INSTITUTE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE HEREINAFTER DESCRIBED PROPERTY FOR THE ABATEMENT OF A NUISANCE NOW EXISTING THEREON AND FOR THE USE OF THE SAME FOR MUNICPAL PURPOSES AND IN SAID PROCEEDINGS TO CONDEMN THE FEE SIMPLE TITLE TO ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OWNED BY M. O. TURNER,LSITUATED IN NUECES COUNTY, TEXAS, AND CONSISTING OF 17.04 ACRES OUT OF LOT 8, SECTION E, PAISLEY SUBDIVISIONS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI IN NUECES COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT, THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF CORPUS CHRISTI OF RECORD IN VOLUME 539, PAGE 203, DEED RECORDS OF NUECES COUNTY TEXAS; THENCE S 50° 311 2011 E, A DISTANCE OF 740.93 FEET TO A POINTS THE SOUTHEAST CORNER OF SAID CITY OF CORPUS CHRISTI TRACT FOR A CORNER OF THIS TRACT; THENCE N 280 301 E, A DISTANCE OF 114.36 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 61° 401 E, A DISTANCE OF 285 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 28° 201 W, A DISTANCE OF 1120 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N 610 401 W, A DISTANCE OF 384.66 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE N 000 181 W, A DISTANCE OF 1308.93 FEET TO THE PLACE OF BEGINNING. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECT- ED TO CARRY OUT THE DIRECTION OF THIS ORDINANCE BY INSTITUTING SUCH LEGAL PROCEEDINGS INCLUDING CONDEMNATION PROCEEDINGS AGAINST SAID OWNER AND ALL OTHER PERSONS INTERESTED IN TITLE TO SAID LAND, SO AS TO ABATE IMMEDIATELY THE NUISANCE NOW EXISTING THEREON AND INCLUDING THE RIGHT OF THE CITY TO HAVE .A LIEN AS SECURITY FOR THE COST OF ABATEMENT OF SUCH NUISANCE BY THE CITY AND ENJOINING THE SAID OWNER OR ANY OTHERS CLAIMING UNDER HIM FROM INTERFERING WITH THE ABATEMENT OF -3- SUCH NUISANCE BY THE CITY TOGETHER WITH FORECLOSURE OF SUCH LIEN SECURING THE CITY FOR THE COST OF ABATING SUCH NUISANCE AND THE CITY ATTORNEY IS FURTHER AUTHORIZED AND DIRECTED TO PROCEED IN THE ALTERNATIVE TO THE EXERCISE OF THE EMINENT DOMAIN POWERS OF THE CITY TO ACQUIRE SAID PROPERTY FOR THE PURPOSE OF ABATING SAID NUISANCE AND FOR MUNICIPAL PURPOSES, WITH THE INTENTION OF OBTAINING POSSESSION AND FULL FEE TITLE TO SAID LAND. , SECTION 3. THE PUBLIC IMPORTANCE OF OBTAINING THE ABATEMENT OF A PUBLIC NUISANCE EXISTING WITHIN THE Cf TY LIMITS OF THE CITY OF CORPUS CHRISTI, AND IF NECESSARY,TO ACQUIRE SAID TRACT FOR SUCH PURPOSE AND OTHER MUNICIPAL PURPOSES, CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE 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 ORPESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING RE- QUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE 0' AY OF JULY, ig6o. ATTES MAYOR THE CITY OF C R S CHRIST TEXAS CITY SECRET RY APPROVED AS TO LEGAL FORM THIS c�_S DAY OF JULY, 196o: t � CITY ATTORNEY CORPUS CHRISTI TEXAS / DAY OF �9L O 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 F-OR 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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED1 OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYO THE CITY OF60RPUS CHRI ly 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 ' ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE 0 ' GABE LOZANO, SR.