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HomeMy WebLinkAbout09016 ORD - 09/11/1968JKH:9 -10-6d 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, BEING PARCEL 41 -C; IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE OCEAN DRIVE BAYFRONT PARK SITE #j, OCEAN DRIVE - CRAIG TO ALAMEDA, PROJECT NO. 220- 67 -97, FOR PUBLIC STREET AND OTHER MUNICIPAL PURPOSES, AND BEING WITHIN THE CORPORATE LIMITS OF L 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 41 -C, OCEAN DRIVE BAYFRONT PARK SITE A5, OCEAN DRIVE - CRAIG TO ALAMEDA, PROJECT No. 220- 67 -97, 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 AFORESAID PROJECT REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND: # BEING ALL OF LOTS 3 AND 4, BLOCK 3, MONTCLAIR ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 33, MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HEREBY MADE FOR MORE PARTICULAR DESCRIPTION. AND WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE FOLLOWING: HENRY G. TROMM, ROBERT L. OTTO AND WIFE, MARY JEAN OTTO; AND • WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS AS TO THE PRICE AND VALUE OF r SAID LOTS OR PARCELS OF LAND, AND DAMAGES FOR THE TAKING THEREOF BY THE CITY; IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECES- SARY THAT THE SAID LOTS OR PARCELS 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: 9016 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 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 BAYFRONT PARK SITE #5, OCEAN DRIVE - CRAIG TO ALAMEDA, PROJECT No. 220- 67 -97, 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 PARCELS OR TRACTS OF LAND, EXCLUDING MINERAL INTEREST. SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI 15 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 ITSFINAL CONCLUSION AND TO OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE IN THE SAID OCEAN DRIVE BAYFRONT PARK SITE #5, AND FOR OTHER MUNICIPAL PURPOSES, AS AFORE- SAID. 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 PURPOSES HEREIN STATED AND DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE AND 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 NECES- SITY 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 11TH DAY OF SEPTEMBER, 1968. ATTES CI TY SEC AR M O THE CITY OF CORPUS CHRISTI, TEXAS APPfj(_ED: / DAY OF E BE R, 196 C__1j A I TANT t ITY RNE • M CORPUS CHRISTI, T XAS (� //T/ L DAY OF j9! 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 INTRODUCEDi 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 0 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDE ,THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. yt 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. //' eii�,�/ P. JIMENEZ, JR., M.D. °^'-"l/�'—X/ GABE LOZANO, SR. KEN MCDANIEL • W. J. "WRANGLER" ROBERTS