HomeMy WebLinkAbout08606 ORD - 09/21/1967JKH:9 -19 -67
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 SAIDIPROPERTY, IDENTIFYING THE RECORD TITLE
OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE OCEAN
DRIVE EROSION CONTROL PROJECT, FOR PUBLIC STREET, PUBLIC
PARK EROSION CONTROL AND OTHER MUNICIPAL 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 AGAINST THE OWNERS OF THE SAID PARCEL,
H. ROSS GARZA AND WIFE, EVA R. GARZA; 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 NO. 1, OCEAN DRIVE EROSION CONTROL 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 OCEAN DRIVE EROSION CONTROL PROJECT REQUIRES
THE ACQUISITION OF ALL THE RIGHT, TITLE AND INTEREST OF H. ROSS GARZA AND
WIFE, EVA R. GARZA, IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND:
ALL OF THAT CERTAIN STRIP OF LAND OUT OF WHAT IS
COMMONLY KNOWN AS THE W. S. HARNEY IOOOACRE TRACT
LYING EAST OF AND BETWEEN THE EAST LINE OF OCEAN
DRIVE AND CORPUS CHRISTI BAY AND IMMEDIATELY IN
FRONT OF AND EAST OF LOTS 1 AND Z OF WATSON PLACE,
A SUBDIVISION IN THE CITY OF CORPUS CHRISTI, TEXAS,
SAID WATSON PLACE BEING SHOWN BY THE MAP THEREOF
RECORDED IN VOLUME 131 PAGE 51, MAP RECORDS OF NUECES
COUNTY, TEXAS;
AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
H. ROSS GARZA AND WIFE, EVA R. GARZA; 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 BY THE 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 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
ku
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 ALL THE RIGHT, TITLE AND INTEREST OF THE
SAID H. Ross GARZA AND WIFE, EVA R. GARZA, IN AND TO THAT PARCEL OR TRACT OF
LAND HEREINABOVE DESCRIBED, EXCLUDING MINERAL INTEREST, FOR USE BY THE CITY
FOR THE OCEAN DRIVE EROSION CONTROL PROJECT, SAID PROJECT BEING FOR PUBLIC
STREET, PUBLIC PARK, EROSION CONTROL, AND OTHER MUNICIPAL PURPOSES, WITHIN
THE CITY LIMITS AND TO CONDEMN THE RIGHT, TITLE AND INTEREST OF THE SAID
H. Ross GARZA AND WIFE, EVA R. GARZA, IN AND 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 SAID OCEAN
DRIVE EROSION CONTROL 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 OCEAN DRIVE EROSION CONTROL PROJECT,
SAID PROJECT BEING FOR PUBLIC STREET, PUBLIC PARK, EROSION CONTROL, 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 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 A4z DAY OF
SEPTEMBER, 1967.
ATTEST.
CITY ECRETAR M
APPROVED AS TO d&GAL FO THIS HE CITY OF CORPUS CHRISTI, TEXAS
/ DAY F SEPTEMBER, 1967:
O
CIT ATTRNEY
CORPUS CHRISTI, TEXAS
DAY OF =5 ? =i? � 1 92�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
e YOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
U
RONNIE SIZEMORE
V. A. 'DICK" BRADLEY, JR. v `
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D. i
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS