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HomeMy WebLinkAbout09663 ORD - 03/04/1970JKH :3 -2 -70 AN 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 NECESSARY FOR THE BUILDING OF A PUBLIC SWIMMING POOL AND RECREATION AREA, AND FOR OTHER MUNICIPAL PURPOSES, BEING LOCATED ON A TRACT OF PUBLIC LAND BOUNDED BY COKE STREET, WINNEBAGO STREET, ROWNLEE STREET, AND BUFFALO STREET; DIRECTING THE CITY TTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST T E OWNERS, VIRG0110 RIOS AND WIFE, MERCEDES RIOS; AND DECLA ING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS FOLLOWS: BEING A TRACT OF LANG OUT OF LOT 41, BLOCK 2, CRAVEN HEIGHTS AS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE 7, MAP RECORDS, NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 44, SAID POINT BEING IN THE WEST RIGHT OF WAY LINE OF 50.4.00T WIDE CULBERSON STREET, FOR THE NORTHEAST AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 00 141 W., WITH THE WEST RIGHT OF WAY LINE OF SAID CULBERSON STREET, A DISTANCE OF 52.88 FEET TO A POINT IN THE NORTH RIGHT OF WAY LINE OF INTERSTATE HIGHWAY No. 37, FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE S. 714° $61 1311 W., WITH THE NORTH RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY, A DISTANCE OF 51.8 FEET TO A POINT IN THE WEST BOUNDARY LINE OF SAID LOT 4 FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N. 00 14' E., WITH THE WEST BOUNDARY LINE OF SAID LOT 44, A DISTANCE OF 66.84 FEET TO THE NORTHWEST CORNER OF SAID LOT 44, FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S. 89° 371 E., WITH THE NORTH BOUNDARY LINE OF SAID LOT Y, A DISTANCE OF 50.0 FEET TO THE POINT OF BEGINNING. CONTAINING 2993.0 SQUARE FEET OF LAND MORE OR LESS; AND WHEREAS, THE CITY SWIMMING POOL, TO BE LOCATED ON A TRACT OF PUBLIC LAND BOUNDED BY COKE STREET, WINNEBAGO STREET, BROWNLEE STREET, AND BUFFALO STREET, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE AFORESAID PARCEL OR TRACT OF LAND; AND 9663 WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE FOLLOWING: VIRGINIO RIOS AND WIFE, MERCEDES RIOS; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, 15 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 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 BUILDING OF A PUBLIC SWIMMING POOL AND RECREATION AREA, AND FOR OTHER MUNICIPAL PURPOSES, WITHIN THE CITY LIMITS, AND TO CONDEMN THE FEE 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 BUILD- ING OF A PUBLIC SWIMMING POOL AND RECREATION AREA, 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 PUBLIC SWIMMING POOL AND RECREATION AREA, AND FOR OTHER MUNICIPAL PURPOSES, WITHIN THE CITY LIMITS AS ABOVE 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 INTRO DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE -2- • SEVERAL MEETINGS OF THE CITY COUNCIL, ANO THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THE SUSPENSION OF SUCH CHARTER RULE, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION ANO TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE Zit DAY OF MARCH, 1970. ATTEST: APPRO ED: DAY OF MARCH, 1970: CITY AT THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas Ageday of 4X- $0-is-64.i , 192W 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 laid 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, THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon ��((( e Gabe Lozano, Sr. A " V. A. "Dick "Bradley, Jr. 41 2 Eduardo E. de Ases !.!./,..,� Ken McDaniel Ar W. J. "Wrangler" Roberts if Ronnie Sizemore i� f The above ordinance was passed by the foil: ling vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo B. de Ases Ken McDaniel W. J. rWrangler" Roberts Ronnie Sizemore