HomeMy WebLinkAbout08252 ORD - 11/23/1966• JKH;11 -23 -66 •
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN TRACTS
OR PARCELS OF LAND; DESCRIBING THE SAME; DESIGNATING
THE TITLE HOLDER OF PARCEL NO. 9 AS ERNEST STARRY;
DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO
ACQUIRE FEE SIMPLE TITLE FOR LAGUNA MADRE SEWAGE
JREATMENT PLANT AND TRUNK MAINS, DESIGNATED AS
PROJECT NO. 250 -64- 8.1; DIRECTING THE CITY ATTOR EY
TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION
OF THIS ORDINANCE: AND DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, CERTAIN TRACTS OR PARCELS OF LAND WHICH ARE NEEDED FOR
THE LAGUNA MADRE SEWAGE TREATMENT PLANT AND TRUNK MAINS, DESIGNATED AS
PROJECT No. 250-64-48.1; AND
WHEREAS, THE SAID LAGUNA MADRE SEWAGE TREATMENT PLANT AND TRUNK
MAINS REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING
PARCEL OR TRACT OF LAND:
AND
PARCEL NO. 9
BEING A RECTANGULAR TRACT OF LAND OUT OF THAT CERTAIN
ONE -ACRE TRACT OF LAND CONVEYED TO ERNEST STARRY BY
DEED DATED JULY 28, 1953, OF RECORD IN VOLUME 604, PAGE
642 NUECES COUNTY, TEXAS, DEED RECORDS, SAID TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID ONE -ACRE TRACT
FOR A CORNER OF THIS TRACT;
THENCE N. 26° 391 E. WITH THE SOUTHEAST RIGHT OF WAY LINE
OF LAGUNA SHORES ROAD A DISTANCE OF 36.03 FEET TO A POINT
FOR A CORNER OF THIS TRACT;
THENCE S. 61, 001 E. PARALLEL TO THE SOUTHWEST BOUNDARY
LINE OF SAID ONE -ACRE TRACT A DISTANCE OF 229 FEET MORE
OR LESS TO THE SHORELINE OF LAGUNA MADRE FOR A CORNER OF THIS TRACT;
THENCE IN A SOUTHERLY DIRECTION WITH THE MEANDERS OF THE
SHORELINE OF LAGUNA MADRE A DISTANCE OF 40 FEET MORE OR LESS
TO THE SOUTHEAST CORNER OF SAID ONE -ACRE TRACT FOR A CORNER
OF THIS TRACT;
THENCE N. 61° 00, W. WITH THE SOUTHWEST BOUNDARY LINE OF
SAID ONE -ACRE TRACT A DISTANCE OF 240 FEET MORE OR LESS TO THE
SOUTHWEST CORNER OF SAID ONE -ACRE TRACT AND THE PLACE OF
BEGINNING;
AND
ALSO THE RIGHT TO USE THE LAND EXTENDING 25 FEET TO THE NORTH
OF THE ABOVE DESCRIBED TRACT OR PARCEL DURING THE PERIOD OF
CONSTRUCTION OF A SEWAGE TREATMENT PLANT AND TRUNK MAINS;
8252
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WHEREAS, RECORD TITLE OF SAID TRACT OR PARCEL OF LAND APPEARS
TO BE IN ERNEST STARRY; AND
WHEREAS, THE CITY OF CORPUS CHRISTI TEXAS, HAS BEEN UNABLE TO
ACQUIRE THE AFORESAID TRACT OR PARCEL OF LAND BECAUSE THE CITY HAS BEEN
UNABLE TO AGREE WITH THE OWNERS AS TO VALUE; IT 14 THEREFORE, DETERMINED
BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID TRACTS OR PARCELS
OF LAND DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF CORPUS CHRISTI, AND
THAT SAID TITLE BE ACQUIRED IN FEE SIMPLE 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 I. IN ACCORDANCE WITH THE CITY CHARTER AND THE LAWS OF
THE STATE OF TEXAS THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS, DOES
HEREBY ORDERS 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 INTERESTS, FOR USE BY THE CITY FOR THE
CONSTRUCTION OF THE LAGUNA MADRE SEWAGE TREATMENT PLANT AND TRUNK MAINSy AND
OTHER MUNICIPAL USES, AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID
PARCEL OR TRACT OF LAND, EXCLUDING MINERAL INTERESTS.
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 AS A SEWAGE TREATMENT PLANT AND TRUNK MAINS.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACT OF
LAN) HEREINABOVE DESCRIBED FOR THE LAGUNA MADRE SEWAGE TREATMENT PLANT AND
TRUNK MAINSI AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMER-
GENCY 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 RESOLUTION OR ORDINANCE SHALL
BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING
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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
50 ORDAINED, THIS THE VAI/ DAY OF NOVEMBER, 1966.
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APPROVED AS TO LEGAL FOFN THIS
3 DAY OF OVEMBER, 1966:
CITY TO KEY
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CORPUS CHRISTI, TEXAS
Z:?If DAY OF ,; , I9L4.
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; 1, 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,
YOR Pro -Te
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN�py
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONN I E S 1 ZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLA CKMON
PATRICK J. DUNNE
DR. P. DIMENE2, JR.
ow
KEN MCDANIEL /lj _
RONNIE SIZEMORE
WM. H. WALLACE Ile �