HomeMy WebLinkAbout06326 ORD - 11/08/1961AN ORDINANCE
AUTHORIZING E,11NENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN
PARCEL OF LAND OWNED BY RICHARD VALDEZ, WHICH LAND IS
LOCATED IN NUECES COUNTY, TEXAS, AND IS MORE PARTICU-
LARLY DESCRIBED AS A TEN FOOT (101) STRIP OF LAND OFF
THE NORTHWEST SIDE OF LOT 14, BLOCK CORPUS HEIGHTS
ADDITION. AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, SAVE AND EXCEPT THE SOUTHWEST
THIRTY -FOUR FEET (341) HERETOFORE CONVEYED TO NUECES
COUNTY BY RIGHT OF WAY DEED DATED NOVEMBER 21, 1942t
EXECUTED BY J. 0. CHAPMAN AND RECORDED IN VOLUME 284,
PAGE 465, DEED RECORDS, NUECES COUNTY, SAID CONDEMNA-
TION BEING NECESSARY FOR PUBLIC STREET PURPOSES FOR
THE WIDENING AND IMPROVING OF GREENWOOD DRIVE 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 IS MORE FULLY DESCRIBED HEREIN
WHICH IS NEEDED FOR THE WIDENING AND IMPROVEMENT OF GREENWOOD DRIVE IN
THE CITY OF CORPUS CHRISTI; AND
WHEREAS, THE SAID GREENWOOD DRIVE 114PROVEMENT PROJECT REQUIRES
THE ACQUISITION OF THE FEE TITLE IN AND TO THE TEN FOOT (101) STRIP OF LAND
OFF THE NORTHWEST SIDE OF LOT 14, BLOCK 6, CORPUS HEIGHTS ADDITION, AN ADDI-
TION TO THE CITY OF CORPUS CHRIS TI, NUECES COUNTY, TEXAS, SAVE AND EXCEPT
THE SOUTHWEST THIRTY -FOUR FEET (341) HERETOFORE CONVEYED TO NUECES COUNTY
BY RIGHT OF WAY DEED DATED NOVEMBER 21, 1942, EXECUTED BY J. 0. CHAPMAN AND
RECORDED IN VOLUME 264, PAGE 465, DEED RECORDS, NUECES COUNTY, TEXAS; AND
WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN
RICHARD VALDEZ; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS HERETOFORE AUTHORIZED AND
DIRECTED ITS RIGHT OF WAY AGENTS TO PURCHASE SAID RIGHT OF WAY FOR THE
APPROVED VALUE OF $1,037.50; 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:
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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 ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS
BE INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE FOR PUB-
LIC STREET PURPOSES, AND TO CONDEMN THE FEE SIMPLE TITLE TO THAT CERTAIN
TEN FOOT (10') STRIP OF LAND OFF THE NORTHWEST SIDE OF LOT 14, BLOCK 6,
CORPUS HEIGHTS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, SAVE AND EXCEPT THE SOUTHWEST THIRTY -FOUR, FEET (341) HERE-
TOFORE CONVEYED TO NUECES COUNTY BY RIGHT OF WAY DEED DATED NOVEMBER 21,
1942, EXECUTED BY J. 0. CHAPMAN AND RECORDED IN VOLUME 264, PAGE 465, DEED
RECORDS, NUECES COUNTY, TEXAS, ALL OF WHICH APPEARS OF RECORD TO BE OWNED
BY RICHARD VALDEZ.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI 1S
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 GREENWOOD DRIVE IN THE CITY
OF CORPUS CHRISTI, SO THAT SAID MAY BE FURTHERED.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE STRIP OF LAND HEREINABOVE DESCRIBED
FOR USE AS A PART OF THE ROAD AND STREET RIGHT OF WAY PURPOSES AS A PART OF
GREENWOOD DRIVE 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
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NECESSITY EXISTS AND 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 S DAY OF
1 961.
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YOR
���00OORRRR THE CITY OF CORPUS CHRISTI, T S
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
S( DAY 1961:
P
CITY ATTO MEY
CORPUS CHRISTI, TEXAS
DAY OF WJW-. . 19_0
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
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', 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,
MAYOR
THE CITY OF CORPUS CHRIST ,TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JDSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
BEN F. MCDONALD a
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO /Lt9s
W. J. ROBERTS a..
JAMES H. YOUNG aN t_