HomeMy WebLinkAbout08865 ORD - 05/15/1968�Y:JKN:5 -15 -68
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AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN CERTAIN PARCELS OR TRACTS OF
LAND; DESCRIBING THE SAME; DESIGNATING TITLE HOLDERS;
DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO
ACQUIRE RIGHT OF WAY FOR NORTH STAPLES STREET PROJECT,
WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
DIRECTING THE CITY ATTORNEY 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 MORE
FULLY DESCRIBED HEREIN, WHICH ARE NEEDED IN CONNECTION WITH THE NORTH
STAPLES STREET PROJECT, DESIGNATED AS PROJECT N0. 220- 61 -50, SAID
PROJECT TO BE ALONG NORTH STAPLES STREET, FROM LEOPARD TO KINNEY STREETS;
AND
WHEREAS, THE SAID NORTH STAPLES STREET PROJECT REQUIRES THE
ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCELS OR
TRACTS OF LAND:
AND
PARCELS 12 & 1.3
BEING A TRACT OF LAND 5 FEET T1O1 5.50 FEET IN WIDTH OUT
OF THE WEST SIDE OF BLOCK N0. 41, BLUFF PORTION,OF THE
CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OF RECORD IN
VOLUME A, PAGES 2 AND 3, NUECES COUNTY, TEXAS, MAP
RECORDS, SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 41 FOR
A CORNER OF THIS TRACT;
THENCE S. 59° 32' E. WITH THE SOUTH RIGHT -OF -WAY LINE OF
MESTINA STREET, A DISTANCE OF 5 FEET TO A POINT FOR A
CORNER OF THIS TRACT;
THENCE S. 0° 061 23° E., A DISTANCE OF 350.02 FEET TO
A POINT IN THE NORTH RIGHT -OF -WAY LINE OF LIPAN STREET
FOR A CORNER OF THIS TRACT;
THENCE N. 59° 32' W. WITH THE NORTH BOUNDARY LINE OF
LIPAN STREET, A DISTANCE OF 5.50 FEET TO THE SOUTHWEST
CORNER OF SAID BLOCK 41 FOR A CORNER OF THIS TRACT;
THENCE N. 0° 25' E. WITH THE EAST RIGHT -OF -WAY LINE OF
NORTH STAPLES STREET, A DISTANCE OF 350 FEET TO THE PLACE
OF BEGINNING;
WHEREAS, RECORD TITLE OF SAID TRACTS OR PARCELS OF LAND APPEARS
TO BE IN THE FOLLOWING: TEXAS EMPLOYMENT COMMISSION; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS BEEN UNABLE TO ACQUIRE
THE AFORESAID TRACTS OR PARCELS OF LAND BECAUSE OF INABILITY TO NEGOTIATE
WITH THE OWNER,AND FURTHER DUE TO TITLE DEFECTS HAS BEEN UNABLE TO NEGOTIATE
WITH THE OWNER; IT IB, 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 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 NORTH STAPLES STREET IMPROVEMENT PROJECT AND OTHER
MUNICIPAL PURPOSES WITHIN THE CITY LIMITS AND TO CONDEMN THE FEE SIMPLE
TITLE TO THE AFORESAID PARCELS OR TRACTS 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 NORTH STAPLES
STREET IMPROVEMENT 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 NORTH STAPLES STREET IMPROVEMENT
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
-2-
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 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_/LDAY OF MAY, 1968.
ATTEST:
CI SECRE AR �/- MA OR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROV D:
AY OF MAY, 1968:
CITY ATTORNEY
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CORPUS CHRISTI T XAS
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; 1, THEREFORE
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCEDj OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
MA 0
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.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZi JR., M.D.
GABE LOZANO, SR. 1p
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS dl f