HomeMy WebLinkAbout08607 ORD - 09/21/19678 1.. 1
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 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 AGAINST HERTHA K. SHEPPERD, ET
AL, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; ADD
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. 2, 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 REQUIRED
THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR
TRACT OF LAND:
AND
ALL THAT CERTAIN TRACT OF LAND LYING BETWEEN THE
NORTHEAST BOUNDARY LINE OF THE PUBLIC ROAD KNOWN AS
OCEAN DRIVE ANDTHE SHORELINE OF CORPUS CHRISTI BAY
MORE PARTICULARLY DESCRIBED BY QUITCLAIM DEED FROM
EARL C. DUNN, MAUDE DUNN WRIGHT AND HUSBAND, CLEVELAND
WRIGHT, AND LUCILLE DUNN,A FEME SOLE, TO HERTHA K.
SHEPPERD), A WIDOW, RECORDED IN VOL. 726, PAGES 75, 76,
77 AND 70, DEED RECORDS, NUECES COUNTY, TEXAS, SAID
PROPERTY LYING EAST OF AND BETWEEN THE EAST LINE OF
OCEAN DRIVE AND CORPUS CHRISTI BAY AND IMMEDIATELY
IN FRONT OF AND EAST OF LOT 3 OF WATSON PLACE, A
SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, AS SHOWN BY MAP RECORDED IN VOL. 13,
PAGE 51, MAP RECORDS OF'NUECES COUNTY, TEXAS;
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
AND
HERTHA K. SHEPPERD; A WIDOW, AND GUARANTY NATIONAL BANK & TRUST
OF CORPUS CHRISTI, TRUSTEE OF ESTATE OF W. K. SHEPPERD,
DECEASED;
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
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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:
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, 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 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 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 SAID OCEAN
DRIVE EROSION CONTROL PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THECITY 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 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 EMERGENCY AND
NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED,
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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 a-ZWt DAY OF SEPTEMBER, 1967.
ATTEST:
CITY/SECRETAR)Y // - V
U THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS T
DAY OF SEPTEMBER, 1967:
CITY ATTORNEY
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CORPUS CHRISTI TE AS
` DAY OF4�V/ Gx�� %j � ,9�0
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; 1, 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,
l.er/
10-1 1 "_ -,e.J
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE 9 (%
V. A. "DICK" BRADLEY, JR.
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.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS