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HomeMy WebLinkAbout07845 ORD - 12/22/1965VMP:12/21/65 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 THEJCORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DE- CLARING 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 NO. 25, 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 REQUIRED THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND: ALL OF LOTS ONE (1 ), SIX (6) AND SEVEN (7), AND AN UNNUMBERED FRACTIONAL LOT SOUTH OF LOT ONE (7), BLOCK THREE (3), SOUTH BLUFF PORTION OF THE CENTRAL WHARF AND WAREHOUSE COMPANY'S SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ACCORD- ING TO MAP OR PLAT THEREOF RECORDED IN VOLUME "A", PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 ON THE WEST SIDE OF BROADWAY FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE WEST ALONG THE NORTH BOUNDARY LINE OF SAID LOT 7 PASS ITS NORTHWEST CORNER AND CONTINUE ALONG THE NORTH BOUNDARY LINE OF SAID LOT 6 TO THE EASTERN BOUNDARY LINE OF CARANCAHUA STREET; THENCE SOUTH WITH THE WEST BOUNDARY LINE OF LOTS 6 AND 7 IN SAID BLOCK 3 AND THE EASTERN BOUNDARY LINE OF CARANCAHUA STREET 52.29 FEET TO THE SOUTHWEST CORNER OF LOT 7 AND THE SOUTHWEST CORNER OF BLOCK 3 FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE SOUTHERN BOUNDARY LINE OF SAID BLOCK 3 TO ITS SOUTHEAST CORNER ON THE WEST BOUNDARY LINE OF BROADWAY FOR THE SOUTH- EAST CORNER OF THIS TRACT; AND WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN i THE FOLLOWING: .JOHN W. HENNESSEY, AS INDEPENDENT EXECUTOR OF THE ESTATE OF M. F. HENNESSEY, DECEASED AND NEVADA HENNESSEY, A WIDOW; A 7845 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, AND DAMAGES FOR THE TAKING THEREOF BY THE CITY; IT IS, THEREFORE, DETERMINED BYTTHE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID LOT OR PARCEL OF LAND DESCRIBED 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: NOVI, 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 INSTI - TUTED 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 PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE 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 -2- r� OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, 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 pt A AY OF DECEMBER, 1965. ATTEST: I YOR ZIT SECRE AR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS IDAY OF DECEMBER, 1965: /ASSISTANT CITY Q'FfOY NEY 64' • CORPUS CHRISTI, TEXAS - DAY OF ID! a" f 19 � ) 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, MAYOR RL vL +° THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN / //.c. a .y_ JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDAN I EL RONNIE SIZEMORE i! 1_1 WM. H. WALLACE V THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MOVER FURMAN ( /a..GirQ JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDAN 1 EL RONNIE SIZEMORE (t..'" 0 WM. H. WALLACE 4