HomeMy WebLinkAbout06257 ORD - 08/23/1961_NC:JKH:0 -21 -61
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRIST
TEXAS TO CONDEMN FEE TITLE TO CERTAIN LOTS, TRACTS
AND OR PARCELS OF D uRTY-,- TEXAS,
AND DESCRIB D H IN, S D CO{VD N TION BEING
FOR PUBLIC STREET PURPOSES AS A PART OF CROSSTOWN EXPRESS-
WAY H G OC , WITHIN THE CORPORATE LIMITS
OF THE CITY OF CORP C STI; DIRECTING THE CITY MANAGER
AND THE CITY ATTORNEY TO INSTITUTE ALL PROCEEDINGS NECES-
SARY 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 AND THE STATE OF TEXAS, CERTAIN LANDS, WHICH ARE MORE
FULLY DESCRIBED HEREIN, TO BE USED AS RIGHT OF WAY FOR THE CONSTRUCTION OF
CROSSTOWN EXPRESSWAY, KNOWN AS HIGHWAY 286 RELOCATED, WHICH PROJECT IS A
PART OF THE STREET IMPROVEMENT PROGRAM OF THE CITY OF CORPUS CHRISTI; AND
WHEREAS, THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE
HIGHWAY DEPARTMENT, AND THE CITY OF CORPUS CHRISTI HAVE ENTERED INTO A
CONTRACTUAL AGREEMENT FOR THE ACQUISITION OF SAID PROPERTY AND FOR THE
CONSTRUCTION OF SAID CROSSTOWN EXPRESSWAY, SAID CONTRACT PROVIDING THAT
THE CITY OF CORPUS CHRISTI SHALL ACQUIRE THE HEREIN DESCRIBED PROPERTY FOR
RIGHT OF WAY PURPOSES, BY PURCHASE OR BY EMINENT DOMAIN, AND SAID CONTRACT
GIVING THE CITY OF CORPUS CHRISTI THE POWER TO ACT AS THE AGENT FOR THE STATE
OF TEXAS AND TO REPRESENT THE STATE OF TEXAS IN ANY SUCH EMINENT DOMAIN
PROCEEDINGS; AND
WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS HIGHWAY 286 RELOCATED,
REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO CERTAIN LOTS, TRACTS
AND PARCELS OF LAND LOCATED WITHIN THE RIGHT OF WAY LIMITS ESTABLISHED BY
THE STATE HIGHWAY DEPARTMENT FOR ROAD RIGHT OF WAY FOR THE SAID PROJECT; AND
WHEREAS, IT IS SOMETIMES NECESSARY FOR THE CITY OF CORPUS CHRISTI
TO UTILIZE ITS POWER OF EMINENT DOMAIN FOR THE ACQUISITION OF SAID PROPERTY
WHEN IT IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE PROPERTY OWNER OR
OWNERS OF SAID PROPERTY AS TO THE PRICE AND VALUE OF THE SAID LAND AND THE
IMPROVEMENTS THEREON:
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, TEXAS, DOES HEREBY
6267
ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE INSTITUTED
FOR PUBLIC STREET PURPOSES TO ACQUIRE RIGHT OF WAY WHICH IS NECESSARY FOR
THE CONSTRUCTION OF THE CROSSTOWN EXPRESSWAYS HIGHWAY `CSC RELOCATED, TO
CONDEMN THE FEE SIMPLE TITLE TO THOSE CERTAIN LOTS, TRACTS OR PARCELS OF
LAND, AND THE IMPROVEMENTS THEREON, SAID LOTS, TRACTS OR PARCELS OF LAND
BEING LOCATED WITHIN THE RIGHT OF WAY LINES ESTABLISHED BY THE STATE HIGH-
WAY DEPARTMENT FOR THE SAID CROSSTOWN EXPRESSWAY, HIGHWAY 286 RELOCATED)
AS SHOWN BY EXHIBIT "A ", ATTACHED HERETO AND INCORPORATED HEREIN, AND ALL
BEING SITUATED IN NUECES COUNTY, TEXAS, UPON THE WRITTEN CERTIFICATION BY
.THE DEPARTMENT OF PUBLIC WORKS TO THE CITY MANAGER THAT SAID DEPARTMENT OF
PUBLIC WORKS HAS MADE A REASONABLE OFFER TO THE PROPERTY OWNER OF THE SAID
LOTS TRACT OR PARCEL OF LAND INVOLVED AND THAT AFTER THE PASSAGE OF A
REASONABLE LENGTH OF TIME SAID PROPERTY OWNER HAS FAILED TO ACCEPT THE OFFER
OF THE CITY OF CORPUS CHRISTI AND, THEREFORE, THE CITY AND THE SAID OWNER
ARE UNABLE TO ARRIVE AT AN AGREEMENT AS TO THE PRICE AND VALUE OF THE SAID
LAND AND THE IMPROVEMENTS THEREON.
SECTION 2. UPON RECEIPT OF THE AFORESAID CERTIFICATION BY
THE DEPARTMENT OF PUBLIC WORKS, THE CITY MANAGER IS HEREBY DIRECTED TO
NOTIFY THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI, AND THE SAID CITY
ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED)
UPON RECEIPT OF SAID NOTIFICATION TO INSTITUTE SAID PROCEEDINGS AGAINST THE
SAID PROPERTY AND THE IMPROVEMENTS THEREON AND AGAINST ALL OF THE PERSONS
WHO MIGHT HAVE AN INTEREST THEREIN AND TO PROCEED WITH SAID CONDEMNATION
SUIT OR SUITS TO ITS OR THEIR CONCLUSION AND TO OBTAIN POSSESSION AND TITLE
TO THE SAID PROPERTY FOR A ROAD RIGHT OF WAY SO THAT SAID CROSSTOWN EXPRESS-
WAY, HIGHWAY 256 RELOCATED, AND THE STREET IMPROVEMENT PROGRAM OF THE CITY
OF CORPUS CHRISTI 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 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
-2-
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 PASSA IT IS ACCORDINGLY PASSED AND APPROVED THIS THE
DAY OF , ig6i.
ATTEST:
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ECRETARY /
APO D AS TO L FORM 1961: 0/
DAY OF
CITY ATTORNEY
cam,, I I .
CORPUS CHRISTI TEXAS
G
A.Y DAY OF i9-1,,,
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS i
I
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE -
o- GOING ORDINANCE, 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 MEETINGS OF THE CITY
COUNCIL; 1', THEREFOREg HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCEOV
OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHR VIsTEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
BEN F. MCDONALO
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI O VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEoN
M. P. MALDONADO
W. J. RDBERTs
JAMES H. YOUNG 47