HomeMy WebLinkAbout06593 ORD - 08/08/1962JPR:88:8 -7 -62 ,.
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS, BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAI
TRACT OF LAND OWNED BY NOLAN SMITH AND WIFE, THELM
11— .
`HE CITY HAD BEEN UNABLE TO ACQUIRE THE SAME BY
'NEGOTIATION; DIRECTING THE CITY ATTORNEY TO INST1-
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 EXTENSION OF THE OSO SEWER PLANT IN THE CITY OF
CORPUS CHRISTI, TEXAS; AND
WHEREAS,'THE OSO SEWER PLANT EXTENSION PROJECT KNOWN AS PROJECT
No. 250 -61 -25 REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING
DESCRIBED LAND:
A TRACT OF LAND 500 FEET IN WIDTH 'AND 1966.07 FEET IN
LENGTH OUT OF LOTS 9, 10 AND 11 SECTION 17 OF THE FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRAC'T'S AS SHOWN BY
MAP OR PLAT OF RECORD IN VOL. A; PAGE V3 MAP RECORDS
OF NUECES COUNTY TEXAS. SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWEST _CORNER OF LOT 11, SECTION
17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS
FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE S 60° 571 2011 E. WITH THE NORTHEAST BOUNDARY
LJNE.�OF SAID LOT 11, 10 AND 9 SECTION 17, A DISTANCE
OF 1§66.07 FEET TO A POINT IN THE WEST,.BOUNDARY LINE-
OF BECKNER ROAD FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S. 29° 101 10" W WITH THE WEST BOUNDARY LINE OF
BECKNER ROAD A DISTANCE OF 500 FEET'TO A POINT FOR THE
SOUTHEAST CORNER OF THIS TRACT;
THENCE N 60° 571 2011 W A DISTANCE OF 1965.75 FEET TO A
POINT IN THE NORTHWEST BOUNDARY LINE OF SAID LOT 11,
SECTION 17, FOR THE SOUTHWEST CORNER OF THIS TRACT;
THENCE N. 280 581 20" E. WITH THE NORTHWEST BOUNDARY
LINE OF SAID LOT 11, SECTION 17, A DISTANCE OF 500 FEET
TO THE PLACE OF BEGINNING;:AND
WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN THE
FOLLOWING PERSONS: NOLAN SMITH AND WIFE, THELMA SMITH, AND JOE H. BAKER
AND WI FED BULAH BAKER; AND
6593
WHEREAS, THE CITY OF CORPUS CHRISTI, THROUGH ITS AUTHORIZED
AGENTS AND EMPLOYEES, HAS NEGOTIATED WITH SAID OWNERS IN AN EFFORT TO
ARRIVE AT AN AGREEMENT CONCERNING JUST COMPENSATION TO BE PAID FOR THE
LAND DESCRIBED ABOVE; AND
WHEREAS, IN SPITE OF SUCH NEGOTIATIONS THE CITY OF CORPUS CHRISTI
AND THE SAID LAND OWNERS HAVE BEEN UNABLE TO ARRIVE AT AN AGREEMENT AS TO
THE PRICE AND VALUE OF SAID LAND, AND DAMAGES, FOR THE TAKING THEREOF BY
THE CITY;
IT IS THEREFORE DETERMINED BY THE CITY COUNCIL THAT IT IS NEC -
CESSARY FOR THE SAID PROPERTY TO 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, TEXAS, DOES
HEREBY ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE IN-
STITUTED FOR THE PURPOSE OF ACQUIRING FEE SIMPLE TITLE OF THE PROPERTY
DESCRIBED ABOVE TO BE USED IN CONNECTION WITH THE EXTENSION OF THE OSO
SEWER PLANT.
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 SAID PROPERTY FOR
USE IN CONNECTION WITH THE EXTENSION OF THE OSO SEWER PLANT IN THE CITY
OF CORPUS CHRISTI SO THAT SAID OSO SEWER PLANT EXTENSION PROJECT, PROJECT
N0. 250 -61 -25 MAY BE FURTHERED.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE TRACT OF LAND DESCRIBED ABOVE
TO BE USED IN CONNECTION WITH THE OSO SEWER PLANT EXTENSION, AS HEREINABOVE
DESCRIBED AND PROVIDED, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE
-2-
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 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 u DAY OF AUGUST, 1962.
YOR rlo•Tem
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECRETARY //
APPROVED AS TO LEGAL FORM THIS
B L DAY OF AUGUST, 1962:
P.
t-ify ATTORNEY
•
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
DAY OF 19 4
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.
0
RESPECTFULLY,
MAYOR ro em
THE CITY OF CORPUS CHRISTI,TEXAS
i '
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
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 VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
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606272
NOTICE OF ASSESSMENT PROCEED-
INGS AND LIEN UPON ABUTTING
PROPERTY
r•
FILED FOR RECORD
NuE6E6 COUNTY. TEXAS
1962 AUG 15 " - 2 52
MRS. HENRY F. GOUGER
BY-. � COUNTY �t.EiJt4 . ` yf ,
i DEPUTY
COMPARED
MRS. HENRYE. GOUGER, County Clint
NUKCRG COUNTY, TYXAG,
CITY OF CORPUS CHRISTI
LEGAL DEPARTMENT