HomeMy WebLinkAbout08608 ORD - 09/21/19674
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE'TITLE T CO ERTAIN
LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY,
TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE
RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECES-
SARY 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; 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. 4, 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 FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF
LAND:
ALL THAT CERTAIN TRACT OF LAND LYING BETWEEN THE NORTHEAST
BOUNDARY LINE OF THE PUBLIC ROAD KNOWN AS OCEAN DRIVE AND THE
SHORELINE OF CORPUS CHRISTI BAY, HAVING FOR ITS NORTHWEST
BOUNDARY LINE AN EXTENSION IN A NORTHEASTERLY DIRECTION OF
THE NORTHWEST BOUNDARY LINE OF THE HEREINAFTER DESCRIBED TRACT
OF LAND FROM THE NORTHEAST BOUNDARY LINE OF SAID OCEAN DRIVE
TO THE SHORELINE OF SAID CORPUS CHRISTI BAY, AND HAVING FOR
ITS SOUTHEAST BOUNDARY LINE A SIMILAR EXTENSION OF THE SOUTHEAST
BOUNDARY LINE OF THE FOLLOWING DESCRIBED TRACT OF LAND, TO -WIT:
PART OF WHAT IS KNOWN AS THE W. S. HARNEY 1000 -ACRE TRACT, AND
BEING ALSO A PART OF BLOCK NO. SEVEN (7), PORT ARANSAS CLIFFS
SUBDIVISION, FRONTING ON THE BLUFF OF CORPUS CHRISTI BAY, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A STAKE THE WEST CORNER OF THIS TRACT, WHENCE STONE
MARKING INTERSECTION OF CENTERLINES OF LOUISIANA AVENUE AND SANTA
FE STREET, IN PORT ARANSAS CLIFFS, BEARS SOUTH SE' 81 20° WEST
1077 FEET; 1'
THENCE SOUTH 44° 341 EAST 102.8 FEET FOR SOUTHWEST CORNER OF THIS
TRACT;
THENCE NORTH 58^ 501 EAST 332.23 FEET FOR SOUTHEAST CORNER OF THIS
TRACT;
THENCE NORTH 440 341 WEST WITH WEST BOUNDARY LINE OF PUBLIC ROAD
RUNNING ALONG TOP OF BLUFF 102.8 FEET FOR NORTHEAST CORNER OF THIS
TRACT;
THENCE SOUTH 580 501 WEST 332.23 FEET TO THE PLACE OF BEGINNING;
CONTAINING 33,223 SQUARE FEET OF LAND, MORE OR LESS;
i lz
AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
SAM TAYLOR AND WIFE, RUTH WARD TAYLOR;
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 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 INSTI-
TUTED 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 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 41-11- DAY OF , 1967.
C,
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS LEGAL FORM THIS
it DAY OF SfqPTEMBER, 1967:
l/1
CITY ATTORN Y
CORPUS CHRISTI TEXAS
DAY OF
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,
lAYOR -
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D. Atte
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON lj2zl t-1
RONNIE SIZEMORE _
V. A. "DICK" BRADLEY JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS