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Home My WebLink About06495 ORD - 04/18/1962— JPR:JKH:4 -16 -62 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI T_ -CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTIES, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATIONS BEING NECES- SARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING * THE CITY ATTORNEY TO INSTITUTE CONDEMNATION 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 LOTS OR PARCELS OF LAND WHICH ARE MORE FULLY DESCRIBED HEREIN AS A PART OF THE CROSSTOWN EXPRESSWAY STREET IMPROVE- . MENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT NO. 220- 56 -24, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCELS: PARCEL N0. 53 (SECOND SECTION), WHICH CONSISTS OF: LOT 1, BLOCK 20, HOME PLACE ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. PARCEL NO. 73 SECOND SECTION), WHICH CONSISTS OF: TRACT I THE WEST 40.11111 OF LOTS WAND 12, BLOCK 6, C. A. MEULYIS ADDITION, AN ADDITION TO THE'CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. TRACT 2 THE WEST 401 OF THE EAST 811.781 OF LOTS 11 AND • 12, BLOCK 6, C. A. MEULYIS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. PARCEL NO. 74 SECOND SECTION), WHICH CONSISTS OF: o THE WEST 1101 OF THE EAST- 44.781'OF LOTS''I,'I AND 12, BLOCK 6, C. A. MEULYIS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND SUBSEQUENTLY PLATTED INTO LOT 12 —A; BLOCK 6, C. A. MEULYIS ADDITION, RECORDED IN VOLUME 20, PAGE 22, MAP RECORDS, NUECES COUNTY, TEXAS, AND " SAID PLAT CORRECTED BY AFFIDAVIT FILED FOR RECORD ON THE 5TH DAY OF APRIL, 1962; AND RECORDED UNDER INSTRUMENT NO. 597398, DEED RECORDS OF NUECES . COUNTY, TEXAS, ... .. ALL OF WHICH PARCELS ARE NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND 6495 -�J - WHEREAS, THE RECORD TITLE OF SAID LOTS OR PARCELS OF LAND APPEARS TO BE IN THE FOLLOWING PERSONS: PARCEL #53: WILLIAM HODGE, HENRIETTA HODGE IRWIN, JOE IRWIN AND ANDREW BOWMAN. PARCEL #73: RODOLFO MARTINEZ AND LUISA MARTINEZ. PARCEL #74: HECTOR bE PENA AND JOE GARZA; AND WHEREAS, DULY APPOINTED NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI, TEXAS, HAVE NEGOTIATED WITH THE RESPECTIVE OWNERS AND CLAIMANTS OF PARCELS NOS. 53, 73 AND 74 IN AN EFFORT TO ARRIVE AT AN AGREE- MENT WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF THE PROPERTIES DESCRIBED ABOVE AND IN EACH CASE, THE CITY OF CORPUS CHRISTI, THROUGH ITS NEGOTIATORS, HAS BEEN UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID LAND- OWNERS AS TO THE PRICE AND VALUE OF THE SAID LAND AND IMPROVEMENTS; THERE- FORE, IT IS NECESSARY THAT THE SAID PROPERTIES, AND EACH OF THEM, 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 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 IN ORDER TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTIES DESCRIBED a ' ABOVE, PROVIDED, HOWEVER, THAT THERE IS EXCLUDED FROM SAID ESTATE TO BE CON- DEMNED ALL OF THE OIL,.GAS AND SULPHUR WHICH CAN BE REMOVED FROM BENEATH THE SAID LAND WITHOUT ANY.RIGHT WHATEVER REMAINING TO THE OWNERS OF SUCH OIL, GAS AND SULPHUR OF INGRESS OR EGRESS, TO OR FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING, DEVELOPING, DRILLING OR MINING OF THE SAME. SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID PROPERTIES AND IMPROVEMENTS THEREON, IF ANY, AND ALL PERSONS WHO APPEAR TO HAVE AN INTEREST THEREIN, AND TO PROCEED WITH SAID CONDEMNATION SUITS TO THEIR CONCLUSION, AND TO OBTAIN POSSESSION AND TITLE TO THE SAID PROPERTIES —2— - -I,-° - FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CROSSTOWN EXPRESSWAY STREET IMPROVEMENT, PROJECT NO. 220- 56- 24y,MAY BE FURTHERED. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE FOR ROAD'RIGHT OF WAY PURPOSES TO THE ABOVE DESCRIBED PROPERTIES HEREINABOVE 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 SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF. APRIL, 1962. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS U ATTES i CI Y SECRETA Y APPROVP AS TO LEGAL FOR THIS /JI DAY OF APRIL , 1962: 7 � CI TY TY ATTORNE _ CORPUS CHRISTIy••TEXA r DAY OF TO THE MEMBERS OF THE C I TY COUNCIL off---- �� -- --- 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 RESOLUT,I'ON 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. ~ RESPECTFULLY, - � MAYOR o• THE CITY OF CORPUS CHRISTI, XAS ., • THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; ♦' ., �� BEN F. MCDONALD TOM R. SWANTNER 3 .w DR. JAMES L. BARNARD 1 JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG ' c , , e THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD ' v JOSE R. DELEON ' M. P. MALDONADO 2 < � W. J. ROBERTS 4 ' JAMES H. YOUNG r n ryr �y,4�6s