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HomeMy WebLinkAbout08184 ORD - 09/21/1966vMP:9121166 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS; DE- SCRIBING SAID PROPERTY AS BEING LOT 1, BLOCK 104, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; IDENTIFYING THE RECORD TITLE OWNER AS BEING CORPUS CHRISTI TRANSPORTATION COMPANY, SAID CONDEMNATION BEING NECESSARY TO ACQUIRE THE SUBJECT PROPERTY WHICH IS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, FOR USE OF THE PUBLIC AS A PARK, SCIENCE PARK AND/OR OTHER MUNICIPAL PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION 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, CERTAIN LOTS OR PARCELS OF LAND WHICH ARE MORE FULLY DESCRIBED HEREIN AND WHICH ARE NEEDED FOR PARK, SCIENCE PARK AND/OR OTHER MUNICIPAL PURPOSES; AND WHEREAS, THE SAID PARK PROJECT REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCELS OR TRACTS OF LAND: LOT N0. ONE (1), IN BLOCK NO. ONE HUNDRED FOUR (104), OF THE BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME "A °, PAGE 3, MAP RECORDS OF NUECES COUNTY, TEXAS, BEING A PORTION OF THE SAME PROPERTY CONVEYED BY J. B. MILLS, AND WINNIE H. MILLS TO GEORGE W. BAKER AND MATTIE BAKER BY WARRANTY DEED DATED JULY 31, 1919, RECORDED IN VOLUME 127, PAGE 258, DEED RECORDS OF NUECES COUNTY, TEXAS; DESIGNATED AS BAYFRONT ARTS AND SCIENCE PARK PARCEL #1;, AND WHEREAS, RECORD TITLE OF THE ABOVE PARCEL APPEARS TO BE IN CORPUS CHRISTI TRANSPORTATION COMPANY; 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 LOTS OR PARCELS 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 LOTS OR PARCELS 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: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • Y 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 INTERESTS FOR USE BY THE CITY FOR PARK OR SCIENCE PARK PROJECT 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 PARK OR SCIENCE PARK 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 TRACTS OR PARCELS OF LAND HEREINABOVE DESCRIBED FOR THE PARK -OR SCIENCE PARK PROJECT AND OTHER MUNICIPAL PURPOSES AND FACILITIES 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 IMPERATIVE PUBLIC 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 SEPTEMBER, 1966. ATTEST-' A � CI Y SEC ETARY APPROVED AST LEGAL FORM T 2/ DAY OF SEPTEMBER, 1966: CITY ATTORN IlC t MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEX DAY OF ��• 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, / / j' (D A4 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 RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE 2i DR. P. JIMENEZ, JR. KEN MCDANIEL RONN I E S I ZEMORE WM. H. WALLACE __ L