HomeMy WebLinkAbout09727 ORD - 04/29/1970BJW:4/29/70
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE
TITLE TO CERTAIN PARCELS OR TRACTS 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 OWNERS, SANTIAGO
MARTINEZ, ET UX ZOILA MARTINEZ AND GENE STANLEY; AND
DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, CERTAIN PARCELS OR TRACTS OF LAND DESCRIBED AS
FOLLOWS:
PARCEL NO. 14
LOT 29, BLOCK 2, EL REY ADDITION, AN ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. SAID
ADDJTION BEING FURTHER IDENTIFIED BY MAP OR PLAT,
VOLUME 8, PAGE 52, MAP OF RECORD NUECES COUNTY, TEXAS;
PARCEL NO. 15
LOT 30, BLOCK 2, EL REY ADDITION, AN ADDITION TO THE
CITY OF CORPUS CHRISTI, NUEIEES COUNTY, TEXAS, SAID
ADDITION BEING FURTHER IDENTIFIED-BY MAP OR PLAT,
VOLUME 8, PAGE 52, MAP OF RECORD NUECES COUNTY, TEXAS;
AND
WHEREAS, THE SAID EXPANSION OF ELGIN PARK, BEING PROJECT
No. 291 -64 -4, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE
AFORESAID PARCELS OR TRACTS OF LAND; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCELS APPEAR TO BE IN
THE FOLLOWING: SANTIAGO MARTINEZ, ET UX ZOILA MARTINEZ AND GENE STANLEY;
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 LOTS OR PARCELS 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 LOTS OR PARCELS 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:
9727
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, WITH-
IN THE CITY LIMITS, AND TO CONDEMN THE FEE TITLE TO THE AFORESAID PARCELS
OR TRACTS 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 PARCELS 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 yDAY OF APRIL, 1970.
ATTEST j,
CIT'T SECR E'TgJ�tY <-1.----/-
APPROVED:
FDAY OFnAPRIL, 1970:
ndJ/�wq�i
CITY TOtt EY 0
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
(2 /Z4ddaY 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 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,
YOR
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:
( Pi 7
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Jack R. Blackmon /C/.e�� QJ
Gabe Lozano, Sr. 4,
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V. A. "Dick" Bradley, Jre"- --a-
Eduardo E. de Ases /
Ken McDaniel
W. J. i'Wrangler" Roberts
Ronnie Sizemore