HomeMy WebLinkAbout09686 ORD - 03/25/1970AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN EASEMENTS 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
CONSTRUCTION OF A SEWER LINE AND FOR OTHER MUNICIPAL
PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS AGAINST THE OWNER, THOMAS D.
PUCKETT; 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 DESCRIBED AS
FOLLOWS:
AND
A TRACT OF LAND 5 FEET IN WIDTH AND 147.50 FEET IN
LENGTH BEING THE SOUTH 5 FEET OF LOT 10, BLOCK 1,
GUTH PARKSIDE AS SHOWN BY MAP OR PLAT OF RECORD IN
VOLUME 15p PAGE 50, NUECES COUNTY, TEXAS MAP RECORDS
TO WHICH REFERENCE IS HEREBY MADE FOR MORE PARTICULAR
DESCRIPTION;
AND
ALSO THE RIGHT TO USE THE LAND EXTENDING 10 FEET TO
THE NORTH OF THE ABOVE DESCRIBED TRACT DURING THE
PERIOD OF CONSTRUCTION OF A SANITARY SEWER LINE;
PROVIDED, HOWEVER, AFTER COMPLETION OF THE INITIAL
INSTALLATION AND CONSTRUCTION OF SAID 5ANiTARY 5EWER
LINE, THE RIGHT OF WAY HEREBY GRANTED SHALL BE CONFINED
TO SAID STRIP OF LAND 5 FEET IN WIDTH AS ABOVE DESCRIBED;
WHEREAS, THE SAID ALLISON SYSTEM LATERALS REQUIRES THE ACQUISI-
TION OF EASEMENTS IN AND TO THE AFORESAID PARCEL OR TRACT OF LAND; AND
WHEREAS, RECORD TITLE TO THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: THOMAS D. PUCKETT;
AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNER AND CLAIMANT AS TO THE PRICE AND
VALUE OF SAID EASEMENTS, AND DAMAGES FOR THE TAKING THEREOF BY THE CITY;
IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT
EASEMENTS IN SAID LOT OR PARCEL OF LAND DESCRIBED BE ACQUIRED 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:
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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 'EASEMENTS TO THE ,ABOVE
DESCRIBED LAND AND PREMISES, EXCLUDING MINERAL INTERESTS, FOR USE BY THE
CITY FOR THE CONSTRUCTION OF THE ALLISON SYSTEM LATERALS, AND FOR OTHER
MUNICIPAL USES,AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCEL
OR TRACT OF LAND, EXCLUDING MINERAL INTERESTS.
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 AS A PART OF THE
ALLISON SYSTEM LATERALS.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACT OF
LAND HEREINABOVE DESCRIBED FOR THE ALLISON SYSTEM LATERALS, 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 INTRO-
DUCTION AND THAT SUCH RESOLUTION AND ORDINANCE 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, , ,� y/"AY OF MARCH, 1970.
ATTEST:
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OR
THE CITY OF CORPUS CHRISTI, TEXAS
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Corypuuj/s ,ChriM 4 4x &Y o , 1970
TO THE pMMBERS 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,
OR
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.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. ',Wrangler , Roberts
Ronnie Sizemore