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HomeMy WebLinkAbout07226 ORD - 05/06/1964' REY:vMP:5 -6 -64 s 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 EXPAND AND ENLARGE AN EXISTING SANITARY_ GARBAGE FILL 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 EMER- GENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CERTAIN LOT OR PARCEL OF LAND WHICH IS MORE FULLY DESCRIBED HEREIN WHICH IS NEEDED IN CONNECTION WITH THE EXPANSION OF EXISTING SANITARY GARBAGE FILL; AND ;m WHEREAS, THE SAID EXPANSION OF EXISTING SANITARY GARBAGE FILL 4 PROJECT REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOW- ING PARCEL OR TRACT OF LAND: 5.16 ACRES, LOT 7 OF BLOCK E -1 OF THE LYLES ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES r COUNTY, TEXAS; AND WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN OLIVIA L. DE VILLARREAL; 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 THE CITY; IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID LOT 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 INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE OF THE ABOVE DESCRIBED LAND AND PREMISES, EXCLUDING MINERAL INTEREST, FOR USE BY THE CITY FOR THE CONSTRUCTION AND INSTALLATION AND EXPANSION OF THE 7226 EXISTING SANITARY GARBAGE FILL AND FACILITIES WITHIN THE CITY LIMITS, AND OTHER MUNICIPAL USES, AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCEL OR TRACT OF LAND, EXCLUDING MINERAL INTERESTS. 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 A SANITARY GARBAGE FILL. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACT OF LAND HEREINABOVE DESCRIBED FOR THE CONSTRUCTION, INSTALLATION AND EXPAN- SION OF THE EXISTING SANITARY GARBAGE FILL WITHIN THE CITY LIMITS, 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 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 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 SO ORDAINED, THIS THE DAY OF MAY, 1964. ATTEST: M4 THE CITY OF CORPUS CHRISTI, TEXAS t I CITY SECRETARY // APPROVED AS TO LEGAL FORM THIS (/ (o DAY OF MY, 1964: CITY ATTORNEY h - 4 y s CORPUS CHRISTI, TEXAS 1--AY OF , 196 W 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, PTHE' 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 JAMES L. BARNARD JAMES H. YOUNG `! JACK R. BLACKMON JOSE R. DELEON ✓ ) M. P. MALDONADO W. J. ROBERTS V W. H. WALLACE, JR.