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HomeMy WebLinkAbout06922 ORD - 05/29/1963w-_ JPR:JKH:5 -27 -63 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTIES, IDENTIFYING THE RECORD TITLE OdNERS, 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; DIRECT- ING 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 IMPROVEMENT 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 IN THE SECOND SECTION OF THE CROSSTOWN EXPRESSWAY: PARCEL 50 , WHICH CONSISTS OF A PORTION OF LOTS 5 AND 6, BLOCK 16, HOME- PLACE ADDITION; PARCEL 124: CONSISTING OF PORTION OF LOTS B AND 10, BLOCK 9, BAY VIEW NO. 3; PARCEL 125: CONSISTING OF PORTION OF LOTS 9 AND 10, BLOCK 9, BAY VIEW NO. 3; PARCEL 176: CONSISTING OF LOT 'I, BLOCK 4, SEGREST ADDITION, ALL OF WHICH PARCELS ARE NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND WHEREAS, RECORD TITLE OF SAID LOTS'OR PARCELS OF LAND APPEARS TO BE IN THE FOLLOWING PERSONS: AND PARCEL 50 : JOHN MIRCOVICH, JR., SIMON MIRCOVICH, DAN MIRCOVICH, ARNOLD MIRCOVICH AND RUDOLPH MIRCOVICH. PARCEL 124: JANE RASCOE, A WIDOW. PARCEL 125: 0. B. VAUGHAN. PARCEL 176: JAMES V. LONG, BENNIE E. LONG, MINNIE MAY LONG BUTTON AND HUSBAND, J. D. BUTION, FAYE ELIZABETH LONG THOMPSON AND HUSBAND, T. T. THOMPSON, HENRIETTA LONG SINNOTT, A WIDOW, T. F. LONG AND ROBERT HASKELL LONG. 6922 I WHEREAS, IN THE CASE OF PARCEL NO. 50, THERE IS A QUESTION CONCERNING WHO IS THE RIGHTFUL OWNER OF SAID PROPERTY, THAT THE PARTIES THEMSELVES CANNOT AGREE AS TO THE EXTENT OF THE RESPECTIVE INTERESTS AND AS TO WHETHER OR NOT CERTAIN OF THEM HAVE ANY INTEREST AT ALL; THEREFORE THE NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI HAVE BEEN UNABLE TO CONDUCT NEGOTIATIONS IN AN EFFORT TO ACQUIRE THE PROPERTY BY CONVEYANCE. THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTY BE ACQUIRED 13Y THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE, AND SO THAT SUCH RIGHTFUL OWNERS MAY BE DETERMINED; AND WHEREAS, DULY APPOINTED NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI, TEXAS, HAVING NEGOTIATED WITH THE RESPECTIVE OWNERS AND CLAIMANTS OF PARCELS 124 AND 125 IN AN EFFORT TO ARRIVE AT AN AGREEMENT 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 LANDOWNERS AS TO THE PRICE AND VALUE OF THE SAID LAND AND IMPROVEMENTS; THEREFORE, 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; AND WHEREAS, IN THE CASE OF PARCEL NO. 176, SOME OF THE OWNERS ARE PERSONS WHOSE WHEREABOUTS CANNOT BE DISCOVERED AFTER DUE DILIGENCE; THEREFORE THE NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI HAVE BEEN UNABLE TO CONDUCT NEGOTIATIONS IN AN EFFORT TO ACQUIRE THE PROPERTY BY CONVEYANCE. THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTY BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE, AND SO THAT SUCH MISSING OWNERS CAN BE CITED BY PUBLICATION: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: -2- x . z 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 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, DRILUMNG 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 No. 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 /` � DAY OF MAY, 1963., L ATT Z CI SECRE A (/,7 APPROVED AS TO LEGAL FORM THIS OF MAY, 1963: i CITY ATTO EY OR THE CITY OF CORPUS CHRISTI, TEXAS ,-;-.. i CORPUS CHRISTI, TEXAS V' DAY OF s 19 Li 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 COUNCILS 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, R THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO ri W. J. ROBERTS W. H. WALLACE, JR. JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW N6 VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.