HomeMy WebLinkAbout08018 ORD - 05/18/19665/18/66
AN ORDINANCE c
AUTHORIZING EMINENT DOMAIN PROCEEDINGS•BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN PARCEL
OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBED AS
PARCEL #35, MIDTOWN TRAFFIC EXCHANGE PROJECT, BEING A
PORTION OF LOT 5, BLOCK 5, SOUTH BEACH PORTION CENTRAL
WHARF AND WAREHOUSE COMPANY SUBDIVISION, IDENTIFYING
THE RECORD TITLE OWNERS AS AGNES SHAW MORRISON, ROSE
MARY SHAW PRIHODA, MARY MCCUE SHAW, ET ALI SAID CON -
(DEMNATION BEING NECESSARY 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 CONDEMWATION
PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDI-
NANCE; 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. 35, 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:
PARCEL NO. 35
A TRIANGULAR TRACT OF LAND OUT OF LOT 5 IN FRACTIONAL
BLOCK 5 OF THE BLUFF PORTION OF CENTRAL WHARF AND '
WAREHOUSE COMPANY'S SUBDIVISION AS SHOWN BY PLAT OF
RECORD IN VOLUME A, PAGE 15, MAP RECORDS OF NUECES
COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICU-
LARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5 FOR
A CORNER OF THIS TRACT;
THENCE N 2° 16' W. WITH THE WEST BOUNDARY LINE OF SAID
LOT 5 BEING ALSO THE EAST RIGHT OF WAY LINE OF SOUTH
BROADWAY, A DISTANCE OF 52.77 FEB•T TO THE NORTHWEST
CORNER OF SAID LOT 5 FOR A CORNER OF THIS TRACT;
THENCE S. 73° 38' 02" E WITH THE NORTH BOUNDARY LINE
OF SAID LOT 5, A DISTANCE OF 34.0 FEET TO A POINT FOR A CORNER
:! OF THIS TRACT;
THENCE S. 350 171 11" W. A DISTANCE OF 52.86 FEET TO THE
PLACE OF BEGINNING;
AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
AGNES SHAW MORRISON, ROSE MARY SHAW PRIHODA, MARY MCCUE
SHAW, ET AL;
AND
I
I
WHEREAS, THE CITY OF CORPUS CHRISTI TEXAS IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNERSAND CLAIMANTS AS TO THE PRICE AND VALUE
OF SAID PARCEL OF LAND, AND DAMAGES FOR THE TAKING THEREOF BY THE CITY; IT
ISM THEREFORE DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT
THE SAID 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;
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, TEXASO 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 DE-
SCRIBED LAND AND PREMISES EXCLUDING MINERAL INTERESTS 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 INTERESTS.
SECTION 2. THAT 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 PROVIDEDI 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 MEET-
INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY
-2-
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 � DAY OF MAYS 1966.
//y/ 'r d
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPRO_ D AS TO FORM
.17-1 ,.
�7Jr %r
CORPUS CHRISTI TEXAS
DAY OF s 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,
w (o
MAYOR
THE CITY OF CORPUS CHRISTI' TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN /
JACK BLACKMON
PATRICK J. DUNNE ✓ /
DR. P. JIMENEZ, JR. ✓
KEN MCDANIEL /
RONN I E S I ZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN V
JACK BLACKMON
n pd�� PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
.. KEN MCDANIEL v
RONNIE SIZEMORE ✓/
� > WM. H. WALLACE 1/
_ (l