HomeMy WebLinkAbout06128 ORD - 05/03/1961IMS:MW 5 -3 -61 -
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE
CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO
A gERTAIN PARCEL OF LAND OWNED BY ANTON V.
ESCOBAR, WHICH LAND IS LOCATED IN NUECES COUNTY,
TEXAS, AND IS MORE PARTICULARLY DESCRIBED AS
THE SOUTH 10 FEET OF LOT 1. BLOCK 4, LA PALOMA
ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT OF SAID
ADDITION IN THE MAP RECORDS OF NUECES COUNTY,
TEXAS, SAID CONDEMATION BEING NECESSARY FOR
PUBLIC STREET PURPOSES FOR THE WIDENING AND
IMPROVING OF MORGAN STREET WITHIN THE CORPORATE
LIMITS OF THE CITY OF CORPUS CHRISTI; 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 OF CORPUS CHRISTI, CERTAIN LAND WHICH 13 MORE FULLY DESCRIBED
HEREIN WHICH IS NEEDED FOR THE WIDENING AND IMPROVEMENT OF MORGAN
STREET IN THE CITY OF CORPUS CHRISTI; AND
WHEREAS, THE SAID MORGAN STREET IMPROVEMENT PROJECT KNOWN
AS PROJECT N0. MO -53 -15.2 REQUIRES THE ACQUISITION OF THE FEE TITLE
IN AND TO THE SOUTH 10 FEET OT LOT 1, BLOCK 4, LA PALOMA ADDITION TO
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR
PLAT OF SAID ADDITION ON FILE AND OF RECORD IN THE MAP RECORDS OF
NUECES COUNTY, TEXAS; AND
WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE
IN ANTON V. ESCOBAR; AND
WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT
AN AGREEMENT WITH THE SAID OWNER AS TO THE PRICE AND VALUE OF SAID LAND,
AND DAMAGES, FOR THE TAKING THEREOF BY THE CITY;
IT IS THEREFORE DETERMINED BY THE COUNCIL THAT IT IS NECESSARY
THAT THE SAID PROPERTY BE ACQUIRED BY THE CITY OF CORPUS CHRISTI, AND
THAT SAID TITLE BE ACQUIRED IN FEE THROUGH THE EXERCISE OF THE CITY'S
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 CITY CHARTER AND THE
LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
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TEXAS, DOES HEREBY ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN
PROCEEDINGS BE INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE
TITLE FOR PUBLIC STREET PURPOSES, AND TO CONDEMN THE FEE SIMPLE TITLE
TO THAT CERTAIN 10 FOOT STRIP OF LAND ABUTTING ON MORGAN STREET, MORE
PARTICULARLY DESCRIBED AS THE FEE SIMPLE TITLE IN AND TO THE SOUTH
10 FEET OF LOT 1, BLOCK 4, LA PALOMA ADDITION TO THE CITY OF CORPUS
CHRISTI IN NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT OF SAID
ADDITION OF RECORD IN THE MAP RECORDS OF NUECES COUNTY, TEXAS, ALL
OF WHICH APPEARS OF RECORD TO BE OWNED BY ANTON V. ESCOBAR.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI
IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE
SAID PROPERTY AND IMPROVEMENTS THEREON, IF ANY, AND AGAINST 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 SAID PROPERTY FOR USE AS A STREET RIGHT OF WAY AS A PART OF
MORGAN STREET, IN THE CITY OF CORPUS CHRISTI, SO THAT SAID MORGAN
STREET IMPROVEMENT PROJECT, PROJECT NO. 220 -53 -15.2, MAY BE FURTHERED.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY
TO GAIN IMMEDIATE POSSESSION AND TITLE FOR THE STRIP OF LAND HEREIN-
ABOVE DESCRIBED FOR USE AS A PART OF THE ROAD AND STREET RIGHT OF WAY
PURPOSES AS A PART OF MORGAN STREET IN THE CITY OF CORPUS CHRISTI,
TEXAS, AS HEREINABOVE DESCRIBED AND PROVIDED, 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE
NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUS-
PENDED, 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 P SAGE, IT
IS ACCORDINGLY PASSED AND APPROVED, THIS
DAY OF
ig61.
ATT
77�,
J
r MAYOR
CITY SE RE1h
THE CITY OF CORPUS CHRISTI, T CAS
APPROVED AS TO LEGAL
ORM THIS
_DAY OF
, 1g61:
CITY ATT RNEY
•
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
DAY OF l9kf
FOR THE REASONS SET FORTH IM THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION -OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE ME&INGS OF THE CITY
COUNCILS 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,
C MAYOR
THE CITY OF CORPUS CHR TI,TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
Tom R. SVANTNER
DR. JAMES L. BARNARD
JOSE R. DELEQN
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
Tom R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEoN e
M. P. MALDONADO ...z -c 0
W. J. ROBERTS i•PLe
JAMES H. YOUNG