HomeMy WebLinkAbout09690 ORD - 04/01/1970vMP :3/31/70
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE
TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN
NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTI-
FYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING
NECESSARY FOR THE EXPANSION OF ELGIN PARK, BEING PROJECT
NO. 291- 64-4; DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS AGAINST THE OWNER, MRS. C. R.
CERVANTES; 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:
LOT 24 BLOCK 2, EL REY, AN ADDITION TO THE CITY OF CORPUS
CHRISTI NUECES COUNTY, TEXAS AS SHOWN BY MAP OR PLAT IN
VOLUME 6, PAGE 52, MAP RECORDS OF NUECES COUNTY, TEXAS;
AND
11,, WHEREAS, THE SAID EXPANSION OF ELGIN PARK, BEING PROJECT N0,
291 -64-4, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE AFORE-
SAID PARCEL OR TRACT OF LAND; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: MRS. C. R. CERVANTES; 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 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 EXPANSION OF ELGIN PARK 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 EXPANSION OF
ELGIN PARK 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 EXPANSION OF ELGIN PARK 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 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 NECESSITY EXIST, HAVING
REQUESTED THE SUSPENSION OF SUCH 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 1%lt DAY OF APRIL, 1970.
ATTEST:
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CITY ECRETARY
THE CITY of CORPUS CHRISTI, TEXAS
APPROVED:
_DAY OF PRIL, 1970:
CITY AT N
Corpus Christi, Texas
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
resolution fshall ybenread att three imeetings uofdthand
tthat such ordinance or
request that you suspend said Charter rule or the City Council; I, therefore,
nance finally on the date it is introduced, or at the pass this ordi-
City Council. present meeting of the
Respectfully,
IAYOR
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 I W• J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the foil owing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr,
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts
Ronnie Sizemore
is