HomeMy WebLinkAbout09956 ORD - 10/14/19700 1 KH:10 -7 -70 -
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN
FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND DESCRIBED
AS PARCEL NO. 13, MORE PARTICULARLY DESCRIBED HEREIN-
AFTER, SAID PARCEL BEING NECESSARY FOR GREENWAY WATER
LINE CONSTRUCTION, PROJECT NO. 202 -68 -29.1, AND FOR
OTHER MUNICIPAL PURPOSES; AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
AGAINST THE OWNER, I. W. SHAFFER; 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. 13
•
Being a 0.712 acre tract of land out of that certain 5.568 acre tract conveyed
to 1. W. Shaffer, at ux by Ada Magee McCown it vir in September 22, 1954 and
recorded in Volume 657, page 499 Deed Records, Nueces County, Texas, said
0.712 acre tract being more particularly described by metes and bounds as
follows:
Beginning at the southeast corner of said 5.568 acre tract, the same being
the southwest corner of the Ila Magee Noakes tract for the woutheast and beginn-
ing corner of the tract herein described;
Thence N. 55 17' W., with the south boundary line of said Shaffer tract, a
distance of 31.22' feet to a point for the southwest corner of the tract herein
described,
Thence N. 180 39' 30" E•, with a line that is 30 feet west of and parallel to
the east boundary line of said Shaffer Tract, a distance of 1027.82 feet to a
point in the South right -of -way line of State Highway No. 9 for the northwest
corner of the tract herein described,
Thence S. 750 31' 10" E., with the South right -of -way line of said Highway, a
distance of 30.08 feet to a point for the Northeast corner of this tract;
Thence S. 180 39' 30" W., with the east boundary line of said Shaffer Tract and
with the west boundary line of said Noakes Tract, a distance of 1038.65 feet to
the point of beginning
Containigg 0.712 acre of land more or less.
AND
WHEREAS, THE SAID GREENWAY WATER LINE CONSTRUCTION, PROJECT
NO. 202 -68-29.1, 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: 1. W. SHAFFER; 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
9956
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 GREENWAY WATER LINE CONSTRUCTION, MAINTENANCE AND
OPERATION, 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 GREENWAY
WATER LINE CONSTRUCTION, MAINTENANCE AND OPERATION, 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 CONSTRUCTION, MAINTENANCE AND
OPERATION OF THE SAID WATER LINE, 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 BUT 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,
-2-
0 . .
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 1.4wz DAY OF OCTOBER, 1970.
ATTEST:
CITY SEC ET Y
APPROVED:
DAY OF OCTOBER, 1970:
a
i•
CIT ATTORNEY
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
141 day of (&,tV ,4,b
TO TILE 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,
R
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 fol wing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
s
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore ��