HomeMy WebLinkAbout09763 ORD - 05/20/1970..f R'
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN
FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND DESCRIBED
AS LOT 44, BLOCK 5, EL REY ADDITION, SAID PARCEL BEING
NECESSARY FOR PUBLIC PARK AND RECREATION AREA AND OTHER
MUNICIPAL PURPOSES; AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST
THE OWNERS, TRINIDAD J. DAVILA, ET AL; AND DECLARING
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:
PARCEL NO. 17
LOT 44, BLOCK 5, EL REY ADDITION, AN ADDITION TO THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND RECORDED IN
VOL. S, PAGE 52, MAP RECORDS OF NUECES COUNTY, TEXAS;
AND
WHEREAS, THE SAID PUBLIC PARK AND RECREATION AREA EXPANSION,
BEING ELGIN PARK EXPANSION, PROJECT N0. 291- 644 -44, REQUIRES THE ACQUISITION
OF FEE SIMPLE TITLE IN AND TO THE AFORESAID PARCEL OR TRACT OF LAND; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: TRINIDAD J. DAVILA, WILLIE J. DAVILA, BERNABI J. DAVILA,
GUADALUPE J. DAVILA, ANTONIO J. DAVILA, GABRIEL J. DAVILA, EULOGIA J.
DAVILA, JUANITA J. JUAREZ, MARY LOISA DAVILA; 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 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
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ABOVE DESCRIBED LAND AND PREMISES, EXCLUDING MINERAL INTEREST, FOR USE
BY THE CITY FOR THE EXPANSION OF ELGIN PARK AND FOR OTHER MUNICIPAL PUR-
POSES, WITHIN THE CITY LIMITS, AND TO CONDEMN THE FEE TITLE TO THE AFORE-
SAID PARCEL OR TRACT OF LAND,EXCLUDING MINERAL INTEREST.
SECTION 2. THE CITY ATTORNEYOF 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 ORDI-
NANCE 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 gD YLL/ AY of MAY, 1970.
ATTEST:
CITY SECRET RY Y R
APPROVED: THE CITY CORPUS CHRISTI, TEXAS
DAY OF MAY, 1970:
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CITY ATlVRN
Corpus Christi, Texas
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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,
J-1 R
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the ollowing 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 fo wing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. Vrangler" Roberts
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Ronnie Sizemore
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