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HomeMy WebLinkAbout06088 ORD - 03/01/1961JFP:MW AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, AND IMPROVEMENTS THEREON, DESCRIBED AS A ONE- SEVENTH INTEREST IN AND TO LOTS 3 AND . BLOCK 4. JONES ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY VOL. 3, PAGE 17, MAP RECORDS OF NUECES COUNTY, TEXAS, OWNED BY AVA DAVIS, JOSEPH DAVIS, JOSEPH DEAN DAVIS, RICHARD DAVIS. AND JANE DAVIS CARROLL AND HER HUSBAND, FRANK CARROLL, TO BE CONDEMNED FOR THE USE IN CROSS -TOWN EXPRESSWAY PROJECT AS A PART OF THE STREET AND SIDEWALK AREAS; WHICH SAID LAND IS MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY, CERTAIN LAND AS A PART OF THE CROSS -TOWN EXPRESSWAY STREET IMPROVEMENT PROJECT TO THE CITY OF CORPUS CHRISTI; AND WHEREAS, SAID CROSS -TOWN EXPRESSWAY STREET IMPROVEMENT, PROJECT 22o- 56 -24, REQUIRES THE ACQUISITION OF AN UNDIVIDED ONE - SEVENTH INTEREST IN AND TO LOTS 3 AND 4, BLOCK 4, JONES ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS DESCRIBED IN VOL. 3, PAGE 17, MAP RECORDS OF NUECES COUNTY, TEXAS, FOR ROAD RIGHT OF WAY FOR SAID PROJECT; AND WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN AVA DAVIS, JOSEPH DAVIS, JOSEPH DEAN DAVIS, RICHARD DAVIS, AND JANE DAVIS CARROLL AND HER HUSBAND, FRANK CARROLL; AND WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREEMENT WITH SAID OWNERS AS TO THE PRICE AND VALUE OF SAID INTEREST IN SAID LAND AND THE IMPROVEMENTS THEREON; THEREFORE, IT IS NECESSARY THAT SAID PROPERTY BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IN ACCORDANCE WITH THE PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY ORDER THE CONDEMNATION OF CERTAIN REAL ESTATE AND � ,"-4 �a W • THE IMPROVEMENTS THEREON, SITUATED IN NUECES COUNTY, TEXAS, THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN, SUCH LAND BEING MORE PARTICULARLY DESCRIBED AS AN UNDIVIDED ONE- SEVENTH INTEREST IN AND TO LOTS 3 AND 4, BLOCK 4, JONES ADDITION TO THE CITY OF CORPUS CHRISTI, WHICH LAND, AND IMPROVEMENTS THEREON, APPEARS OF RECORD TO BE OWNED BY AVA DAVIS,JOSEPN DAV.I$,JOSEPH DEAN DAVIS, RICHARD DAVIS, AND JANE DAVIS CARROLL AND HER HUSBAND, FRANK CARROLL. SECTION 2. THE CITY ATTORNEY OF THE CITY OF.CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST SAID PROPERTY AND IMPROVEMENTS THEREON, AND ALL THE PERSONS WHO MIGHT HAVE AN INTEREST THEREIN, AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION, AND TO OBTAIN POSSESSION AND TITLE TO THE PROPERTY FOR A ROAD RIGHT OF WAY SO THAT SAID CROSS -TOWN EXPRESSWAY STREET IMPROVEMENT, PROJECT 220- 56 -24, MAY BE FURTHERED. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN POSSESSION AND TITLE FOR ROAD RIGHT OF WAY PURPOSES TO THE ABOVE DESCRIBED REAL PROPERTY HEREINBEFORE SET OUT 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION 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 LDAY OF MARCH, 1961. ATTES MAYOR THE CITY OF CO 'PUS CHRIST d TEXAS t r- CITY SECRETARY APPROVED AST LEGAL FORM THI THE I DAY OF MARCH, 1961: CITY TOR' Y C] '. III CORPUS CHRISTI, /TEEXX%ASS % DAY OF / / /W�, 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. - RESPPCTFULLT, MAv THE CITY F ORPUS C' STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. -RAY AIRHEART- JOSEPH B. DUNK CKI PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO,.SR. - THE ABOV� ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRNEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOQANO, SR.