HomeMy WebLinkAbout07817 ORD - 12/08/1965BJw:12/6/65
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 PROPERTY, IDENTIFYING THE
RECORD TITLE OWNERS; SAID CONDEMNATION BEING NECES-
SARY FOR THE MIDTOWN TRAFFIC EXCHANGE FOR PUBLIC
STREET PURPOSES AND BEING WITHIN THE CORPORATE LIMITS
OF THE CITY OF CORPUS CHRISTI; 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, A CERTAIN PARCEL OR TRACT OF LAND DESIGNATED AS PARCEL
N0. 37, MIDTOWN TRAFFIC EXCHANGE PROJECT, WHICH PARCEL OF LAND IS MORE
FULLY DESCRIBED HEREINAFTER AND WHICH PARCEL OF LAND IS NEEDED IN CONNECTION
WITH SAID AFOREMENTIONED PROJECT; 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
LOT N0. SEVEN (7) IN BLOCK NO. FIVE (5) OF THE SOUTH
BEACH PORTION OF CENTRAL WHARF AND WAREHOUSE COMPANY'S
SUBDIVISION OF THE CITY OF CORPUS CHRISTI, TEXAS, AS
SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME "A7,
PAGE 15, MAP RECORDS OF NUECES COUNTY, TEXAS. SAVE AND
EXCEPT THAT PORTION CONVEYED BY WARRANTY DEED DATED
FEBRUARY 18, 1946, RECORD VOLUME 325, PAGE 189, DEED
RECORDS NUECES COUNTY, TEXAS;
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
JACK BOGART AND WIFE, GWEN COWAN BOGART;
ANNIE RUTH NEWTON AND HUSBAND, DEE,NEWTON; AND
ESTATE OF GEORGE NEWTON, DECEASED;
AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AND AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS 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 BE ACQUIRED BY
7817
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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:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 7. ,tIN 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 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 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 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
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 EMERGENCY
AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED
-2-
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 9 DAY OF DECEMBERS 1965.
ATTEST:
G'fTY SEtRLTAg.Y/ 1 1Z E CITY OF CORPUS CHRISTI, TEXAS
APP ED AS�TO LEGAL FORM TH
DAY OF DEC1965:
CITY ATTORNEY //
CORPUS CHRISTIp TEXAS
it DAY OF Ae, �96aJ
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,
w v`6m/
ORP'r0• iem
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES:
DR. MC IVER FURMAN /n "�w1 P� r7� l
JACK BLACKMON�
PATRICK J. DUNNE
DR. P. JIMENEZ, JR. /A _e _
KEN MCDAN I EL (,{ -t ,
RONNIE SIZEMORE I/l j1i�w /i
WM. H. WALLACE
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THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MC IVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR. /i,_i
KEN MCDAN I EL 0,
RONNIE SIZEMORE
WM. H. WALLACE /Iii C
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