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HomeMy WebLinkAbout11502 ORD - 05/30/1973. JRR:cd 5/29/73 1st AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS, TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDEN- TIFYING THE RECORD TITLE 014NERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEM- NATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 35, SOUTH STAPLES STREET, WIDENING PROJECT NO. 220- 70 -107, SOUTH STAPLES - PADRE ISLAND DRIVE TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, GLEN W. BEARDSLEY AND WIFE, MARGARET I. BEARDSLEY, 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. 35 BEING a 20 foot wide by 165 foot long strip of land parallel to and abutting 60 foot wide Dump Road (South Staples Street) out of the Southwest 165 feet of Tract B, Lot 1, Lokey Subdivision as recorded in Vol. 7, Page 16, Map Records of Nueces County, Texas, and con- taining 3,300 square feet of land more or less. and WHEREAS, the necessity for the completion of- South Staples Improve- ments, and other municipal purposes, requires the acquisition of the aforesaid parcels of land; and WHEREAS, record title to the aforesaid parcels appears to be in the following: Glen W. Beardsley and wife, Margaret I. Beardsley; and WHEREAS, the City of Corpus Christi, Texas, is unable to arrive at an agreement with the said owners and claimant as to the price and value of said parcel, and damages for the taking thereof by the City; it is, there- fore, determined by the City Council that it is necessary that said lots or parcels of land described be acquired 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 aforesaid parcels of land and premises, excluding mineral interests, for use by the City for South Staples Improvements, - Project No. 220 -70 -107, and for other municipal purposes, and to condemn the fee simple title to the aforesaid parcels or tracts of land, excluding X502 mineral interests. 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 South Staples Improvements, and for other municipal purposes. SECTION 3. The public importance and necessity for the City to gain immediate possession and title of the aforesaid parcels or tracts of land hereinabove described for the South Staples Improvements and for other Municipal purposes, as hereinabove 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 resolution and ordinance shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and necessity exist, and 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 ACCORDI14GLY SO ORDAINED, this the c3 b—!C�Q, day of May, 1973. ATTEST: C ty Secretar / MAY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 3j�'%DAY OF MAY, 1973: City Attorney ec�e, A.`. Corpus Christi, Texas 30_tA. day of }t o 19 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: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez C Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby il& James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark a