HomeMy WebLinkAbout0148 ORD - 05/22/1929MICROFILM JAN 0 6 1969
"AN ORDINANCE
i` PROVIDING FOR THE CONDE12TATION OF CERTAIN LANDS
SITUATED IN THE COUNTY OF LIVE OAK, NECESSARY TO THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF THE CITY#S
DAM AND STORAGE RESERVOIR AT AND NEAR LA FRUTA TEXAS,
IN CONNECTION WITH THE ENLARGFI ENT AND EXTENSION OF
THE CITYtS WATER WORKS' SYSTEMA ND SOURCE OF WATER
SUPPLY; DECLARING THE NECESSITY FOR SUCH CONDE=ATION,
AND DECLARING AN EMERGENCY."
WHEREAS, the City of Corpus Christi has heretofore declared the necessity of th
enlargement of its source of water supply, 'and has heretofore secured permit from the Board
of Water Engineers for the construction, maintenance and operation of the dam and municipal
storage reservoir at and near La Fruta, Texas, for the impounding and storage of flood water
from the Nueces River; and
WHEREAS, the City of Corpus Christi has .more than doubled in population within
last four years, and the present source of water supply is inadequate to supply the City and
its inhabitants with sufficient water for the present and future. needs; and
• WHEREAS, a necessity exists, and has existed for some time, that a larger source
of water supply be secured for present and future needs of said City; and
WHEREAS, the City has, at a great expense, proceeded with said construction, an
has secured, where possible, all necessary property rights needed in the construction,main—
tenance and operation of said improvement; and
WHEREAS, it is necessary to said improvement to secure easements for said improve-
meat for the permanent flooding of a portion of said lands, and the intermittent flooding
of portions thereof; and all riparian rights incident to said land, and all rights of egres
and ingress over said land; and other rights in and to said lands necessary and incident to
the maintenance, operation and construction of said improvement, and maintenance of proper
sanitary conditions therein; and
WHEREAS, certain of the lands and property rights, over which said easements ar
needed and must be'seeured by the City, are owned by D. B. Miller and his wife, Zepha Miller
and Mrs..S. F. Miller, and the City and said owners have not been able to agree upon a con—
sideration for said easements, and the damages occuring to said owners by said improvements;
and
WHEREAS, the City of Corpus Christi has the power of eminent domain delegated
to said City under is Charter, and also under the provisions of the Revised Qivil Statutes
of the States of Texas, and particularly under Title 52 of the Revised Civil Ptatutes of
Texas, 1925, and more particularly articles 1108 and 1109 of said Chapter 10� Title 28; all
of which are- hereby adopted by the City of Corpus Christi for the purposes named,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS;
SECTION 1: That the City of Corpus Christi, Texas, through its City Council,
hereby declares the necessity existing for the condemnation of said tracts of land for, the
purposes stated in the preamble of this ordinance.
• SECTION 2: That the City Council hereby adotts the provisions of the Revised
Civil Otatutes referred to in the preamble of this ordinance, as cumulative of the charter
of said Qity for the purposes specified.
SECTION 3: That the Attorneys of said City be authorized and directed to insti
tute and prosecute to final judgment, condemnation proceedings against D. B. Miller and his
wife, Zepha "Ailler, and Mrs. 5. F. Miller, for the easements and rights needed in the tracts
og land lying and being situated in Live Oak County, Texas;, being a certain tract of land
acquired by the said D. B. Miller under the will of S. G, Miller, recorded in Book 1, page
90, Record of Wills, Live Oak County, Texas, and by deed from Mrs. S. F. Miller to D. B.
Miller recorded in Book "P*, page 330, Deed Records of Live Oak County, Texas, by dried from
Mrs. S. F. Miller to D. B. Miller duly recorded in Book *F", page 332, Deed Records of Liv
Oak County, Texas, and by deed from Airs. S. F. Miller to D.-B. Miller recorded in Book "Q",
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