HomeMy WebLinkAbout09018 ORD - 09/11/1968BJW:9/10/68
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI, TEXAS, TO CONDEMN FOR PUBLIC STREET
AND OTHER MUNICIPAL PURPOSES A CERTAIN PARCEL OF LAND
LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PRO-
PERTY, BEING PARCEL 42 -B, OCEAN DRIVE, CRAIG TO ALAMEDA,
PROJECT NO. 220- 67 -97; IDENTIFYING THE RECORD TITLE
OWNER, DR. FRANKLIN W. YEAGER AND WIFE, YVONNE, SAID
CONDEMNATION BEING NECESSARY FOR THE USE OF THE PUBLIC
FOR 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 Y2 -B, 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:
AND
BEING ALL OF LOT 2, BLOCK 3, MONTCLAIR ADDITION, AN ADDI-
TION TO THE CITY OF CORPUS CHRISTI, TEXAS ACCORDING TO THE
MAP OF RECORD THEREOF RECORDED IN VOLUME 15, PAGE 33, MAP
RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HERE-
BY MADE FOR MORE PARTICULAR DESCRIPTION;
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
DR. FRANKLIN YEAGER AND WIFE, YVONNE YEAGER;
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 15 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:
9018
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 AFOREMENTIONED PROJECT, SAID PROJECT BEING NECESSARY FOR THE
USE OF THE PUBLIC FOR MUNICIPAL PURPOSES WITHIN THE CITY LIMITS AND TO CON-
DEMN 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 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 PURPOSES HEREIN STATED AND DESCRIBED
CREATES A PUBLIC EMERGENCY AND 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 SUCH EMERGENCY AND NECESSITY TO EXIST, AND
HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE 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 / DAY OF SEPTEMBER, 1 0
ATTEST:
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI AS
Z/ L 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 COUNCILS 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.
RESPE94ULLY,
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPEI, DE 8 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 FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR. '
P. JIMENEZj JR., M.D.
GAGE LOZAN O, SR.
KEN MCDANIEL /
W. J. "WRANGLER" ROBERTS �/