HomeMy WebLinkAbout06539 ORD - 06/06/1962JFP:AH 5 -25 -62
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AN ORDINANCE
AND DIRECTING
SUBDIVISION OF LOTS 1 AND 2, SECTION E, OF THE
PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT,
CORPU , NUECES COUNTY, TE , 311LU BY
T. C. VILLARREAL AND WIFE, OLIVIA L. VILLARREAL,
ROY LOZANO AND WIFE, BLANCHE LOZANO; DIRECTING
THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO
CARRY OUT THE INTENTION OF THIS ORDINANCE; AND
DECLARING AN EMERGENCY.
• WHEREAS, T. C. VILLARREAL AND WIFE, OLIVIA L. VILLARREAL,
ROY LOZANO AND WIFE, BLANCHE LOZANO ARE THE OWNERS OF A TRACT OF
LAND CONSISTING OF LOT 7 OF THE LYLEtS SUBDIVISION OF LOTS 1 AND 2,
SECTION E, OF THE PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT WITHIN
'THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, IN NUECES COUNTY,
• TEXAS, AND SAID LAND IS AND HAS FOR SOMETIME CONSTITUTED A PUBLIC
AND PRIVATE NUISANCE IN THAT SAID PROPERTY IS SITUATED ADJOINING A
DEDICATED ROADWAY IN THE CITY OF CORPUS CHRISTI, AND -NEAR A RESI-
DENTIAL AREA OF THE CITY OF CORPUS CHRISTI AND ADJACENT TO CERTAIN
CITY -OWNED PROPERTY, INCLUDING'THE DRAINAGE WAY FOR THE AREA OF THE
CITY, IN AND AROUND WHAT WAS FORMERLY THE CLIFF MAUS MUNICIPAL
AIRPORT.
1. SAID LAND HAS BEEN THE SITE OF A PIT FOR THE
OBTAINING OF MATERIAL FOR SUBGRADES AND BUILDING CONSTRUCTION AND
OTHER FILL PURPOSES OVER A PERIOD OF YEARS WHICH HAS RESULTED IN
A PIT COVERING APPROXIMATELY 5 ACRES WHICH IS APPROXIMATELY 20
FEET IN DEPTH, ON THE AVERAGE, FROM THE NATURAL LEVEL OF THE LAND.
2. SAID AREA HAS NO DRAINAGE FACILITIES FOR DRAINING
THE SEEPAGE WATER AND RAINWATER WHICH SEEPS INTO AND FALLS INTO
SAID PIT AREA, THEREBY CONSTITUTING A BODY OF STAGNANT WATER WHICH
IS UNHEALTHFUL, PROVIDES A PLACE FOR THE BREEDING OF MOSQUITOES
AND OTHER INSECTS, AND CONSTITUTES AN ATTRACTIVE NUISANCE TO CHILDREN
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PLAYING IN THE AREA.
3. SAID EXCAVATION AND THE RESULTING CAVING OF THE
WALLS OF SAID PIT AND THE SEEPAGE OF WATER, TOGETHER WITH THE
NATURAL OCCURRENCE OF RAIN AND WIND, CONSTITUTES A THREAT TO
THE LATERAL SUPPORT OF THE AREA ON AND OVER WHICH THE CITY IS
MAINTAINING A DRAINAGE STRUCTURE FOR THE DRAINAGE OF THAT AREA
OF THE CITY.
4. PARTS OF SAID PIT AREA HAVE BEEN PERMITTED TO
GROW UP IN WEEDS, AND DEBRIS, RUBBISH AND TRASH HAVE ACCUMULATED
IN SAID PIT AREA AND CONSTITUTES A MENACE TO THE HEALTH, SAFETY
AND GENERAL WELFARE OF THE NEIGHBORHOOD; AND
WHEREAS, SAID TRACT OF LAND IS OF NO VALUE FOR ANY
USEFUL PURPOSE AND SHOULD BE FILLED TO ABATE THE NUISANCE WHICH
EXISTS THEREON BUT THE OWNERS CONTINUE TO MAINTAIN SAID NUISANCE
NOTWITHSTANDING THE HAZARDS TO HEALTH, SAFETY AND WELFARE OF THE
PUBLIC AND THE PROPERTY OWNERS NEARBY, AND
WHEREAS, SAID NUISANCE SHOULD BE ABATED AND THE CITY OF
CORPUS CHRISTI IS EMPOWERED BY LAW TO ABATE NUISANCES WITHIN THE CITY
LIMITS, AND IT HAS FACILITIES IN THE WAY OF PUMPS AND HAS AVAILABLE
FILL DIRT FROM CONSTRUCTION WORK AT OTHER 51TES: AND THE CITY COULD
ALSO USE SAID PROPERTY AS A SANITARY LANDFILL, BUT IN ORDER TO DO
THIS IT IS NECESSARY THAT THE CITY ACQUIRE SAID PROPERTY AND ABATE
SAID NUISANCE, OR THAT THE OWNERS BE COMPELLED TO ABATE SAID NUISANCE,
OR THAT THE CITY BE AUTHORIZED TO ABATE SAID NUISANCE AT AN APPROXI-
MATE COST .OF $25,000; AND
WHEREAS, THE CITY COUNCIL HAS CONSIDERED SAID PROBLEM
AND THE NECESSITY FOR ABATEMENT OF SAID NUISANCE, AND HERE AND NOW
DECLARES SAID CONDITIONS EXISTING ON SAID LAND TO CONSTITUTE A
NUISANCE AND DIRECT THE ABATEMENT OF SAID NUISANCE:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY ATTORNEY IS HEREBY AUTHORIZED
AND DIRECTED TO INSTITUTE PROCEEDINGS TO ABATE THE NUISANCE, AND
IN THE ALTERNATIVE, TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO
ACQUIRE THE HEREINAFTER DESCRIBED PROPERTY FOR THE ABATEMENT OF
THE NUISANCE NOW EXISTING THEREON AND FOR THE USE OF THE SAME FOR
MUNICIPAL PURPOSES AND IN SAID PROCEEDINGS TO CONDEMN THE FEE
SIMPLE TITLE TO ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OWNED
BY T. C. VILLARREAL AND WIFE, OLIVIA L. VILLARREAL, ROY LOZANO
AND WIFE, BLANCHE LOZANO, SITUATED IN NUECES COUNTY, TEXAS, AND
CONSISTING OF APPROXIMATELY 5 ACRES, WITHIN THE CITY LIMITS OF
THE CITY OF CORPUS CHRISTI IN NUECES COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND
SITUATED IN NUECES COUNTY, TEXAS, AND BEING
LOT 7 OF THE LYLE'S SUBDIVISION OF LOTS 1 AND
2, SECTI Y
ON E, OF THE PAISLEY SUBDIVISION OF
THE HOFFMAN TRACT, AS SHOWN BY MAP OR RECORD
IN VOLUME 1, PAGE 58, MAP RECORDS OF NUECES
COUNTY, TEXAS, AND BEING THE SAME LAND
DESCRIBED IN DEED FROM Roy LOZANO AND WIFE TO
OLIVIA L: VILLARREAL RECORDED IN VOL. 533,
PAGE 495, OF THE DEED RECORDS OF NUECES COUNTY,
TEXAS.
SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND
DIRECTED TO CARRY OUT THE DIRECTION OF THIS ORDINANCE BY INSTITUTING
SUCH LEGAL PROCEEDINGS, INCLUDING CONDEMNATION PROCEEDINGS, AGAINST
SAID OWNERS AND ALL OTHER PERSONS INTERESTED IN TITLE TO SAID LAND,
EITHER IN ANY ACTION NOW PENDING OR BY INSTITUTION OF NEW ACTION,
SO AS TO ABATE IMMEDIATELY THE NUISANCE NOW EXISTING THEREON AND
INCLUDING THE RIGHT OF THE CITY TO HAVE A LIEN AS SECURITY FOR THE
COST OF ABATEMENT OF SUCH NUISANCE BY THE CITY AND ENJOINING THE
SAID OWNERS OR ANY OTHERS CLAIMING UNDER THEM FROM INTERFERING WITH
THE ABATEMENT OF SUCH NUISANCE BY THE CITY, TOGETHER WITH FORECLOSURE
OF SUCH LIEN SECURING THE CITY FOR THE COST OF ABATING SUCH NUISANCE,
AND THE CITY ATTORNEY IS FURTHER AUTHORIZED AND DIRECTED TO PROCEED
IN THE ALTERNATIVE IN THE EXERCISE OF THE EMINENT DOMAIN POWERS OF
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THE CITY IN ACQUIRING SAID PROPERTY FOR THE PURPOSE OF ABATING SAID
NUISANCE AND FOR THE PURPOSE OF USING IT FOR MUNICIPAL PURPOSES,
WITH THE INTENTION OF OBTAINING POSSESSION AND FULL FEE TITLE TO
SAID LAND.
SECTION 3. THE PUBLIC IMPORTANCE OF OBTAINING THE
ABATEMENT OF A PUBLIC NUISANCE EXISTING WITHIN THE CITY LIMITS
OF THE CITY OF CORPUS CHRISTI, AND IF NECESSARY, TO ACQUIRE SAID
TRACT FOR SUCH PURPOSE AND OTHER MUNICIPAL PURPOSES, 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 MEET-
INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY
AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE
CHARTER RULE 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 y DAY OF JUNE, 1962.
MAY�R �'�
THE CITY OF CORPUS CHRISTI, T S
ATTE
CITY SECRIE Y
APPROVED AS TO LEGAL FORM THIS
/ DAY OF JUNE, 1962:
49jde�-o�
CITY A TO WEY
'• CORPUS CHRISTI EXAS /
p DAY OF
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,
MAY
THE CITY OF CORPUS CHR , TEXAS
. i
w THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
t
BEN F. McDONALo
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG «
S
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
1
BEN F. MCDONALD
TOM R. SWANTNER a4yx
DR. JAMES L. BARNARD
` JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
I y