HomeMy WebLinkAbout06871 ORD - 04/17/1963AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN
LOTS OR PLACES 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 IM-
PROVEMENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND
WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT N0. 220- 56 -24,
REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCELS:
PARCEL #252(2ND SECTION), WHICH CONSISTS OF:
LOT 71 BLOCK 1, BROADMOOR PARK,
AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS.
PARCEL #147 (2D SECTION), WHICH CONSISTS OF:
LOTS 52 AND 53, BLOCK 1500, ROPES & CHAMBERLAIN
BAY TERRACE NO. 2, AN ADDITION TO THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS,
BOTH OF WHICH PARCELS ARE NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND
WHEREAS, THE RECORD TITLE OF SAID LOTS OR PARCELS OF LAND APPEARS
TO BE IN THE FOLLOWING PERSONS:
PARCEL #252(,1 L. C. COLLINS AND OTHERS;
AND PARCEL #147, ONECIMO R. VILLARREAL
AND OTHERS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN
AGREEMENT WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF THE SAID LAND
AND IMPROVEMENTS THEREON; THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTIES
BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER
OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSES:
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
A
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HEREBY-ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE
INSTITUTED IN ORDER TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTIES DESCRIBED
ABOVE, PROVIDED HOWEVER, THERE IS EXCLUDED FROM SAID ESTATE TO BE CONDEMNED
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
FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CROSSTOWN EXPRESSWAY STREET
IMPROVEMENT, PROJECT N0. 220- 56 -24, 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 HEREINBEFORE 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 -47DAY OF APRIL, 1963.
ATTES
1 MAYOR
` p THE CITY OF CORPUS CHRISTI, TEXAS
CIT $ECRE A Y
APPROYED AS TO LEGAL FORM THIS
DAY OF APRIL, 1963:
CITY AtTORNtY
CORPUS CHRISTI, TEXAS
2DAY 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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
0
THE CITY OF CORPUS CHRISTI, TEXAS.
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE*
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR. C4 A
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