HomeMy WebLinkAbout07787 ORD - 11/10/1965AN 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, DESCRIBED AS LOT 2, BLOCK 2,
CHAPMAN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES ODUNTY, TEXAS, AND IDENTIFYING THE RECORD
TITLE OWNERS; DECLARING SAID CONDEMNATION NECESSARY
FOR THE MIDTOWN TRAFFIC EXCHANGE FOR PUBLIC STREET
PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS
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 AND WHICH ARE NEEDED IN CONNECTION WITH THE
MIDTOWN TRAFFIC EXCHANGE; AND
WHEREAS, THE SAID MIDTOWN TRAFFIC EXCHANGE PROJECT REQUIRES
THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR
TRACT OF LAND:
AND
FOLLOWING:
LOT NO. TWO (2) IN BLOCK NO. TWO (2) IN THE CHAPMAN
ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AC-
CORDING TO THE MAP OF SAID ADDITION RECORDED IN
VOLUME 1, PAGE 19, MAP RECORDS OF NUECES COUNTY, TEXAS,
SUBJECT TO FIVE -FOOT EASEMENT FOR PASSAGEWAY ALONG THE
NORTH SIDE OF ABOVE LOT DEDICATED BY J. M. BAILEY AND
W. R. MCARTHUR TO OWNERS OF LOTS 4 AND 5, BLOCK 2,
DATED 5- 31 -10, RECORDED IN VOLUME 58, PAGE 293, DEED
RECORDS OF NUECES COUNTY, TEXAS;
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE
MAGGIE HORNE AND HEIRS OF C. J. HORNE; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS AS TO THE PRICE AND
VALUE OF SAID LOT OR PARCEL OF LAND, AM 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
TITLE THROUGH THE EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN FOR SAID
PUBLIC PURPOSE:
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NOW, THEREFORE, BE IT ORDAIPE D BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. IN ACCORDANCE WITH THE CITYCHARTER 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 MIDTOWN TRAFFIC EXCHANGE AND OTHER MUNICIPAL PURPOSES WITHIN THE
CITY LIMITS AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCEL OR
TRACT OF LAND EXCLUDING MINERAL INTEREST.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINiT 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 IN THE MIDTOWN TRAFFIC
EXCHANGE PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACT OR PARCEL OF
LAND HEREINABOVE DESCRIBED FOR THE MIDTOWN TRAFFIC EXCHANGE PROJECT AND
OTHER MUNICIPAL PURPOSES AND FACILITIES WITHIN THE CITY LIMITS AS HEREIN -
ABOVE 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 INTRO-
DUCTION 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 NOVEMBER,
1965.
ATTEST*
CI Y SE R T RY 7HE O'
APPROVED AS TO '*LEGAL ORM THI CITY OF CORPUS CHRISTI, TEXAS
DAY OF OV�EMM/ cBBE.R,, 1-965:
CITY ATT RJ Y (/
O O
CORPUS CHRISTI, TEXAS ,
��
DAY OF � , 17p �
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 FOLLOWI VOTE
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE:
DR. MCIVER FURMAN �^
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE