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HomeMy WebLinkAbout09464 ORD - 08/13/1969AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECES- SARY FOR THE FLOUR BLUFF SEWAGE PLANT SITE, PROJECT NO. 250- 6753, AND FOR OTHER MUNICIPAL PURPOSES, AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST DR. THOMAS A. WILLIAMS AND DR. DWIGHT H. HAUSE, 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 LOTS 13, 14 AND 15, SECTION 56, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, WHICH PARCEL OF LAND IS MORE FULLY DESCRIBED HEREINAFTER AND WHICH PARCEL OF LAND IS NEEDED IN CONNECTION WITH SAID AFOREMENTIONED FLOUR BLUFF SEWAGE PLANT SITE, AND OTHER MUNICIPAL PURPOSES; AND WHEREAS, SAID PROJECT REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND: AND LOTS THIRTEEN (13), FOURTEEN ('14), AND FIFTEEN ('15), SECTION FIFTY -SIX (56), OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS IN NUECES COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME A, PAGE 42, MAP RECORDS OF NUECES COUNTY, TEXAS,AND ALL RIGHTS IN CONTIGUOUS STREETS AND ALL RIPARIAN RIGHTS AND ACCRETIONS; WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE FOLLOWING: AND DR. THOMAS A. WILLIAMS AND DR. DWIGHT H. HAUSE; 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 MICA r 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 FLOUR BLUFF SEWAGE PLANT SITE, AND FOR 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 CON- CLUSION AND TO OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE IN THE FLOUR BLUFF SEWAGE PLANT 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 FLOUR BLUFF SEWAGE PLANT PROJECT, SAID PROJECT BEING FOR SEWAGE PLANT AND FOR OTHER MUNICIPAL PURPOSES 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 ORDI- NANCE 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, -2- 'n AND THAT THIS ORDINANCE BE PASSED FINALLY ONTHE 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 ,0 DAY OF AUGUST, 1969. ATTEST: CI SECRET RY M O THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 3%� DAY OF AUG 1969: ASSISTANT CITY A RNEY .x Corpus Christi, Texas • Zday of C ticsr� c,c 19� 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. / V. A. "Dick"Bradley, Jr.� Eduardo E. de Ases Ken McDaniel ✓ W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon ✓ /// Gabe Lozano, Sr. h V/ V. A. "Dick" Bradley, Jr� , ' I Eduardo E. de Ases f Ken McDaniel / W. J. 'Wrangler" Roberts ✓ Ronnie Sizemore Y.