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HomeMy WebLinkAbout10327 ORD - 06/30/19716/23/71:e AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD; SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 30, BEING LOTS 5 AND 6, BLOCK 4, COLE PLACE, FOR BAYFRONT OPEN SPACE PARK SITE NO. 4, PROJECT NO. 291 -70 -8; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNER, FRED FLATO, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; 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: PARCEL NO. 30 A tract of land situated in Nueces County, Texas, and being Lots Five (5) and Six (6), Block Four (4), Cole Place, an addition to the City of Corpus Christi, Texas, as shown by map thereof recorded in Volume 11, Page 57, Map Records of Nueces County, Texas; for Bayfront Open Space Park Site No. 4, Project No. 291 -70 -8; and ' WHEREAS, record title of the aforesaid parcel appears to be in the following: Fred Flato, owner, and Parkdale State Bank and Edwin F. Flato, lienholders of record; and WHEREAS, the -City of Corpus Christi 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 by the City of Corpus Christi and that said title 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 10327 ., . , 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 Ocean Drive Bayfront Park Site #4, Project No. 291 -70 -8, said project being for public park, erosion control and other municipal purposes within the City limits and to condemn the fee simple title to the afore- said 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 said Ocean Drive Bayfront Park Site #4, and for other municipal purposes, as aforesaid. 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 purposes herein stated and described creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule and 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 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 - 3'6 /Qday of June, 1971. ATTES . City Se re ary APPROVED: '9 D OF 4NE , 971: City/Attorney MAYOR THE CITY OLPORPUS CHRISTI,TEXAS v A CORPUS CHRISTI, TEXAS - I 3-yll J DAY OF ..LCiJf_.lJ X97 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONN I E S I ZEMORE A. BONNIWE /G�L_� L`G CHARLES LL ROBERTO BOSQUEZ GC,C ✓. -� REV. HAROLD T. BRANCH �,(✓ THOMAS V. GONZALES /��.L�_ GABE LOZANO, SR. STARK J. HOWARD THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ U REV. HAROLD T. BRANCH CGC:I_ THOMAS V. GONZALES GABE LOZANO, SR.1�_ a, J. HOWARD STARK %�� A