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HomeMy WebLinkAbout03420 RES - 02/03/1953i A RESOLUTION -2n DETERMINING THE ADVISABILITY OF THE IMPROVEMENT, ENLARGEMENT, AND EXTENSION OF THE CLIFF MAUS MUNI- CIPAL AIRPORT, INCLUDING THE ACQUISITION OF ADDI- TIONAL LAND, RIGHTS AND EASEMENTS; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO PREPARE TRUE, CORRECT AND PROPER DESCRIPTIONS OF THE LANDS NECESSARY TO BE TAKEN FOR SUCH IMPROVEMENTS, ENLARGEMENT AND EXTENSION AND AUTHORIZING AND DIRECTING THE CITY MANAGER OR SUCH OFFICER, AGENT OR EMPLOYEE OF THE CITY OF CORPUS CHRISTI AS HE MAY DIRECT TO NEGOTIATE WITH THE OWNERS OF THE PROPERTIES NECESSARY FOR THE ENLARGE- MENT, IMPROVEMENT AND EXTENSION OF THE CLIFF MAUS MUNICIPAL AIRPORT TO ACQUIRE ALL PROPERTIES, EASE- MENTS, REVERSIONARY RIGHTS AND THINGS REQUIRED OR OTHERWISE NECESSARY FOR THE EXTENSION AND IMPROVE- MENT OF SUCH AIRPORT AND FOR THE PAYMENT OF ALL DAMAGES WHICH MIGHT BE SUFFERED BY THE OWNERS OF THE SAME; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL NECESSARY STEPS IN CONNECTION THEREWITH AND CONDUCT AND CONCLUDE SUCH NEGOTIATIONS AS SOON AS POSSIBLE AND REPORT THE RESULTS OF THE SAME TO THE COUNCIL; REPEALING ALL ORDINANCE OR PARTS OF ORDI- NANCES IN CONFLICT THEREWITH; AND DECLARING AN EMER- GENCY. WHEREAS, the City of Corpus Christi, Texas, has for more than ten (10) years been operating a municipal airport known as Cliff Maus Municipal Airport for commercial airlines and other aircraft; and WHEREAS, the facilities at said airport are unsatisfactory and an investigation, study and report of the advisability of improving said airport as compared with the alternative of improving Cuddihy Field or the advisability of building a new airport at some other location all have been investigated and public hearings held in the matter; and, WHEREAS.` the City Council of the City of Corpus Christi, Texas, has weighed and considered all facts, factors and circumstances in connection T-- with said airport and the above and foregoing matters, and determined, in their discretion that it is to the best interest of the City to improve Cliff Maus Municipal Airport by the acquisition of additional land, by the relocation of the public road, by the extension and rebuilding of runways, by installation of I. L. S. and G. C. A., and make such other improvements and enlargements as are proper for the use of said airport as a Municipal Airport; and, WHEREAS, the City Council of the City of Corpus Christi, Texas, by Ordinance No. 3246, passed and approved on the 8th day of April, 1952, authorized the negotiations with the present owners of land extending to the northwest of said airport, and negotiations were had under such authoriz ation with said owners and the City of Corpus Christi, Texas, did on December 2, 1952, institute condemnation proceedings in the County Court of Nueces County, Texas, seeking to condemn the necessary land for such extension of the Cliff Maus Municipal Airport, and injunction proceedings were filed by the owners of said land in Cause No. 41, in the County Court of Nueces County, Texas, to enjoin the City of Corpus Christi, Texas, from pro- ceeding with said condemnation proceedings, and the Judge of the County Court of Nueces County, Texas, did, on February 3, 1953, announce his decision in said matter and his holdings therein, to the effect that the description of the property in said condemnation was legally insufficient, and no bona fide effort had been made to negotiate with and agree with all of the owners of the tract as to the value of the land, severance damages, damages to the remain- ing tract by reason of avigation easements, and damages for the taking of the reversionary interest of the owners of the tract in the Old Brownsville Road, and all other damages; and; WHEREAS, a map or drawing showing the proposed extension and en- largement of the Cliff Maus Municipal Airport has beenprepared,showing thereon the proposed extension of the present runway and the land necessary to be ac- quired for the purpose of extending and enlarging the Cliff Maus Municipal Airport and the Relocation of the Old Brownsville Road, and is attached hereto and made a part hereof as Exhibit "A" to this Resolution; WHEREAS, the City Council of the City of Corpus Christi, Texas, desires to acquire the tracts of land necessary for the expansion of the Cliff Maus Municipal Airport and all necessary rights and easements in connection therewith as soon as possible: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That it is determined that it is desirable and to the best interest of the City of Corpus Christi, Texas, to improve, extend and en- large Cliff Maus Municipal Airport at its present location, including the ac- quisition of adjacent land, located to the northwest of the present airport, and as shown and delineated on the map attached hereto and made a part hereof and estimated to contain 117 acres. more or less, and to acquire any and all rights of reversion and otherwise that the owners of said tract of land have or might have in that portion of the Old Brownsville Road necessary to be closed for such expansion, and to acquire any and all easements necessary for the carrying out and effectuating the determined purpose of improving, ex- tending and enlarging of Cliff Maus Municipal Airport as shown by said map, including the relocation of the Old Brownsville Road. SECTION 2. That the Director of Public Works shall prepare a correct, true and proper description of the land necessary to be taken for such improvement, extension and enlargement of the Cliff Maus Municipal Airport as shown by the map or plat attached hereto, including therein the Portion of the Old BrownsvilleRoad necessary to be closed, which said des cription shall be by metes and bounds and shall tie in with well established and recognized monuments in such vicinity and with a known and established coiner of one of the J. C. Russell Farm Lots, Nueces County, Texas, which said correct and true description shall be prepared as soon as possible, and be shall also prepare a true and correct metes and bounds description of the pro- perty and land necessary for the relocation of the old BrownsvilleRoad. SECTION 3. That immediately upon the preparation of the said true and correct descriptions the City Manager or such officer or agent or employee of the City of Corpus Christi as he may direct shall, and he is hereby authorized so to do, negotiate with owners of that certain tract of land. containing 117 acres, more or less, shown on said map and for which accurate description is herein provided, and the owners of the reversionary interest in the Old Browns- ville Road, for the purchase of their rights in and to said property, including the fee simple to said 117 acres, more or less, and the fee simplee,,,toe the pro- perty and land necessary for the relocation of the Old Brownsville Road, and he shall furnish each of the owners of a the few s�impplle of said 117 acres, more or less. and of said property necessary to relocate the Old Brownsville Road, in undivided interests as stipulated in Cause No. 41, in the Nueces County Court of Nueces County, Texas, copies of the said true and correct des- criptions of said lands, including the portion of the Old Brownsville Road necessary to be closed, and in said negotiations shall negotiate with them for the acquisition of all properties, easements, reversionary rights and things required or otherwise necessary for the extension, enlargement and improvements of Cliff Maus Municipal Airport and for the payment of all damages of any kind or nature that might be suffered. SECTION 4, That the City Manager be, and he is hereby, authorized to take any and all necessary steps in connection with the foregoing and he is hereby authorized and directed to conduct and conclude such negotia- tions as soon as possible, and report the result of said negotiations to the City Council. SECTION 5, Any and all ordinances, or parts of ordinances, in conflict herewith are hereby repealed, SECTION 6, The fact that improvements should be commenced for the extension and enlargement of Cliff Maus Municipal Airport, and as a preliminary step it is necessary to acquire additional land, creates a public emergency and an imperative public necessity requiring the suspension of that certain 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 such public emergency and imperative public necessity to exist, re- questing 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, PASSED AND APPROVED, this the day of February, A. D. 1953, MAY CMAWAA CITY OF CORPUS CHRISTI, TEXAS AftST: 4 City Secretary _ APP!Rfl AS TO LEGAL FORM: r� - City Attorney CORPUS CHRISTI, TEXAS rr .mar 19—i.3— TO THE IMEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINAMCE� A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- 51ON 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; 1, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPE TFULLY, N. sill MA CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: LESLIE WASSERMAN FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAM, JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: LESLIE WASSERMAN FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAM, JR 3Hi o