HomeMy WebLinkAbout06929 ORD - 06/12/1963JPR:JKH:6 -6 -63
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN
LOT OR PARCEL OF LAND; DESCRIBING THE SAME; DESIGNAT-
ING THE TITLE HOLDER; DESIGNATING SAID CONDEMNATION
AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY FOR THE
NAVIGATION BOULEVARD RIGHT OF WAY PROJECT, PROJECT
NO. 295- 61 -30, WITHIN THE CORPORATE LIMITS OF THE
CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO
INSTITUTE 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, A CERTAIN LOT OR PARCEL OF LAND WHICH IS MORE
FULLY DESCRIBED HEREIN WHICH IS NEEDED IN CONNECTION WITH THE NAVIGATION
BOULEVARD RIGHT OF WAY PROJECT, PROJECT NO. 295- 61 -30; AND
WHEREAS, THE SAID NAVIGATION BOULEVARD RIGHT OF WAY PROJECT
REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL
OR TRACT OF LAND:
AND
PARCEL NO. 10
STARTING AT A POINT WHICH IS THE NORTHEAST CORNER OF THE
STARNES TRACT, WHICH 15 A PART OF THE MARGARET WHELAN
ESTATE, WHICH IS DESCRIBED ON PAGE 416, IN VOL. "P"
OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND WHICH
IS A POINT OF BEGINNING FOR THE FOLLOWING DESCRIBED LAND:
THENCE SOUTH 83° 10' WEST 500.41 FEET TO A CORNER WHICH
IS THE NORTHWEST CORNER OF THE AFOREMENTIONED STARNES
TRACT;
THENCE N. 7° 03' W. 365.9 FEET ALONG THE WEST BOUNDARY
LINE OF THE MARGARET WHELAN ESTATE, TO AN IRON PIPE;
THENCE N. 830 10' E. 452.0 FEET;
THENCE S. 13' 33' E. 368.4 FEET ALONG THE WEST BOUNDARY
LINE OF WHELAN DRIVE TO THE POINT OF BEGINNING; SAID
TRACT CONTAINS 4.0 ACRES; AND BEING THE SAME TRACT OF
LAND CONVEYED BY JAMES WHELAN ET AL TO CORPUS CHRISTI
BROADCASTING COMPANY, INC., BY DEED DATED MARCH 7, 1947,
RECORDED IN VOL. 365, PAGE 138, DEED RECORDS OF NUECE9
COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE.
WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO
BE IN THE CORPUS CHRISTI BROADCASTING CO., INC.; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNER AS TO THE PRICE AND VALUE OF SAID LOT
OR PARCEL OF LAND, AND DAMAGES, FOR THE TAKING THEREOF BY THECITY; IT IS,
6929
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED,
THIS THE DAY OF JUNE, 1963-
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
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C TY SEC ETA
APPRO_VVED AS TO LEGAL FORM THIS
/ ` DAY OF JUNE, 1963:
THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE
SAID LOTS OR PARCEL OF LAND DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF
CORPUS CHRISTI AND THAT SAID TITLE BE ACQUIRED IN FEE SIMPLE 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 THE FEE SIMPLE TITLE FOR THE INSTALLA-
TION OF A STORM SEWER, AND FOR ROAD PURPOSES, AND TO CONDEMN THE FEE SIMPLE
TITLE TO THE AFORESAID PARCEL OR TRACT OF LAND.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID
PROPERTY AND AGAINST ALL PERSONS WHO APPEAR TO HAVE -AN INTEREST THEREIN,
AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS FINAL CONCLUSION AND TO
OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE AS STORM SEWER RIGHT
OF WAY AND ROAD RIGHT OF WAY PURPOSES AS PART OF NAVIGATION BOULEVARD RIGHT
OF WAY PROJECTS ND. 295- 61 -30.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACTS OF
LAND HEREINABOVE DESCRIBED FOR THE INSTALLATION OF A STORM SEWER, AND FOR
ROAD PURPOSES IN THE CITY OF CORPUS CHRISTI, AS HEREINABOVE DESCRIBED AND
PROVIDED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION 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 PUBLIC 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
-2-
CORPUS CHRISTI, TEXAS
DAY OF 19Y j
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 11
RESPECTFULLY,
YO
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
W. J. ROBERTS
W. H. WALLACE, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLL01a.,G VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR. Q