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Home My WebLink About03703 ORD - 03/24/1954EMB:NP 3 -23 -54 AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, OWNED BY JOE C. BICKHAM AND NARY ALICE BICKHAM, FOR A RIGHT -OF -WAY PIPE LINE EASEMENT, FOR THE CONSTRUCTION OF 0. N. STEVENS WATER FILTRATION PLANT TOGETHER WITH A PIPE LINE RIGHT -OF -WAY SYSTEM, AND MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEED- INGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI INTENDS TO ENLARGE AND EXPAND ITS MUNICIPAL WATER SYSTEM BY BUILDING A NEW WATER FILTRATION PLANT TOGETHER WITH THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS AND APPURTENANCES THERETO, INCLUDING PIPE LINE RIGHT -OF -WAYS AND EASEMENTS NECESSARY TO THE OPERATION OF SAID PLANT AND SYSTEM, AND IN ORDER TO DO SO IT 15 NECESSARY THAT A RIGHT -OF -WAY EASEMENT OF CERTAIN REAL PROPERTY BE ACQUIRED BY SAID CITY, A PART OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN NUECES COUNTY, TEXAS, AND LCCATEO ON THE GREGORIA I-ARIAS GRANT, ABSTRACT NO. 592, FOR NUECES COUNTY, AND BEING THE SAME PROPERTY DES- CRIBED IN THE CORRECTION DEED FROM FRANK H. BICKHAM AND WIFE, ANITA BICKHAM; ARTHUR C. BICKHAM AND WIFE, GLADYS BICKHAM; BEN 0. BICKHAM AND WIFE, THELMA BICKHAM; EMMA BICKHAM AND HUS- BAND, TOM C. BICKHAM; ENA BICKHAM HEARN AND HUSBAND, W. C. HEARN, TO JOE C. BICKHAM, BY DEED DATED JULY 10, 1947, AND RECORDED IN VOLUME 371, PAGE 325 OF THE NUECES COUNTY DEED RECORDS, AND CONTAINING 30 ACRES OF LAND. SAID RIGHT -OF -WAY TO BE CONDEMNED ACROSS THE ABOVE DESCRIBED LAND IS LOCATED ON AND ALONG A CENTER LINE EXTENDING ACROSS SAID LAND AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY LINE OF THE ABOVE MENTIONED JOE C. BICKHAM 30 ACRE TRACT, SAID POINT BEARS S 570 35' E, 83 FEET FROM THE NORTH CORNER OF SAID TRACT, THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF 1382.3 FEET TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF THE SAID JOE C. BICKHAM 30 ACRE TRACT, SAID POINT BEARS N 34' 2B' E, 320.3 FEET FROM THE SOUTH CORNER OF SAID TRACT. SUCH RIGHT -OF -WAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (40') FEET IN WIDTH HAVING SAID CENTER LINE ABOVE SET FORTH AND EXTENDING TWENTY (201) FEET ON EITHER SIDE OF SAID CENTER LINE, AND ALSO SHALL INCLUDE AN EASEMENT TO USE LAND EXTENDING AN ADDITIONAL THIRTY -FIVE (35') FEET ON ONE SIDE OF SAID FORTY (40') FOOT RIGHT -OF -WAY MAKING A TOTAL OF SEVENTY -FIVE (75') FEET DURING THE PERIOD OF CONSTRUCTION, THE SAID ADDITIONAL THIRTY -FIVE (35') FEET TO BE ON THE 3`703 SIDE DESIGNATED BY THE CITY OF' CORPUS CHRISTI AND TO BE ON THE SAME SIDE OF SAID CENTER LINE ENTIRELY ACROSS SAID TRACT; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM SAID PIPE LINE. WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN JOE C. BICKHAM AND MARY ALICE BICKHAM, OF NUECES COUNTY, TEXAS; THAT SAID CITY HAS HERETOFORE ATTEMPTED TO REACH AN AGREEMENT AS TO THE PRICE AND VALUE OF SAID RIGHT -OF -WAY AND EASEMENT WITH THE SAID OWNERS, BUT THAT IT IS IMPOSSIBLE FOR THE CITY OF CORPUS CHRISTI, TEXAS, AND SAID OWNERS TO REACH AN AGREEMENT OF PUR- CHASE; BUT, IT BECOMES EXPEDIENT THAT SAID PROPERTY BE CONDEMNED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR SAID PUBLIC PURPOSE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. IN CONFORMITY WITH THE PREMISES, AND IN ACCORDANCE WITH CERTAIN PROVISIONS OF THE CITY CHARTER, THE SAID CITY OF CORPLIS CHRISTI, TEXAS, DOES HEREBY ORDER THE CONDEMNATION OF A RIGHT -OF -WAY AND EASEMENT IN, ACROSS, ON, AND OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN NUECES COUNTY, TEXAS, AND LOCATED ON THE GREGORIA FARIAS GRANT, ABSTRACT No. 592, FOR NUECE5 COUNTY, AND BEING THE SAME PROPERTY DESCRIBED IN THE CORRECTION DEED FROM FRANK H. BICKHAM AND WIFE, ANITA BICKHAM; ARTHUR C. BICKHAM AND WIFE, GLADYS BICKHAM; BEN O. BICKHAM AND WIFE, THELMA BICKHAM; LI4MA BICKHAM AND HUSBAND, TOM C. BICKHAM; ENA BICKHAM HEARN AND HUSBAND; W. C. HEAP.N, TO JOE C. BICKHAM, BY DEED DATED JULY IO, 19$7, AND RECORDED IN VOLUME 3(1, PAGE 325 OF THE NUECES COUNTY DEED RECORDS, AND CONTAINING 30 ACRES OF LAND. SAID RIGHT -OF -WAY TO BE CONDEMNED ACROSS THE ABOVE DESCRIBED LAND IS LOCATED ON AND ALONG A CENTER LINE EXTENDING ACROSS SAID LAND AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY LINE OF THE ABOVE MENTIONED JOE C. BICKHAM 30 ACRE TRACT, SAID POINT BEARS S 57* 351 E, 83 FEET FROM THE NORTH CORNER OF SAID TRACT; THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF 1382.3 FEET TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF THE SAID JOE C. BICKHAM 30 ACRE TRACT, SAID POINT BEARS N 34° 281 E, 320.3 FEET FROM THE SOUTH CORNER OF SAID TRACT. SUCH RIGHT -OF -NAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (40') FEET IN WIDTH HAVING SAID CENTER DINE ABOVE SET FORTH AND EXTENDING TWENTY (20') FEET ON EITHER SIDE OF SAID CENTER LINE, AND ALSO SHALL INCLUDE AN EASEMENT TO USE LAND EXTENDING AN ADDITIONAL THIRTY -FIVE (35') FEET ON ONE SIDE OF SAID FORTY -2- (40') FOOT RIGHT -OF -WAY MAKING A TOTAL OF SEVENTY -FIVE (75') FEET DURING THE PERIOD OF CONSTRUCTION, THE SAID ADDITIONAL THIRTY -FIVE (35') FEET TO BE ON THE SIDE DESIGNATED BY THE OWNER OF SAID PROPERTY AND TO BE ON THE SAME SIDE OF SAID CENTER LINE ENTIRELY ACROSS SAID TRACT; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM SAID PIPE LINE, AND, THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST SAID PROPERTY AND ALLTHE PERSONS WHO MIGHT HAVE AN INTEREST THEREIN AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION, WITH THE INTENTION IN MIND OF OBTAINING A RIGHT -OF -WAY AND EASEMENT IN AND TO SAID PROPERTY FOR THE PURPOSE OF CONSTRUCTING THEREON A WATER PIPE LINE AS A PART OF THE WATER WORKS SYSTEM OF THE CITY OF CORPUS CHRISTI, TEXAS. .SECTION Z. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECESSITY FOR THE CITY TO GAIN POSSESSION AND TITLE OF AND TO THE RIGHT -OF -WAY AND EASEMENT OF THE REAL PROPERTY HEREINBEFORE SET OUT SO THAT A NEW WATER FILTRATION PLANT, TO- GETHER WITH A NECESSARY AND INTEGRATED WATER PIPE LINE SYSTEM THEREFOR BE CONSTRUCTED AS SOON AS POSSIBLE, CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF 17S INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE (3) SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THI5 ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE. IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE 9 DAY of MARCH, 1954. ATTEST: CITY SECRET Ally APPROVED AS TO LEGAL FORM: CITY ATTORNEY MAYOR - THE CITY OF MS CHR I STY. TEXAS -3- CORPUS CHRISTI, TEXAS 7 g4,195� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REA -BONS SET FORTH IN THE EMERGENCY, CLAUSE OF THE FOREGOING - MOINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION 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; 11 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. RESPECTFULLY, - 46ti'e--, 6�L 9 - - MAYOR , CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SU PENDED BY THE FOLLOWING ,O E: /� �:'L- IM�ENSTE I -N -- E LLROY KING P. C. CALLAWAY � JAMES S. NAI SMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS /j��}S SED BY THE FOLLOWIN OBE: �Yti /HT�NSTEI N� C / E LLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE z 1 J J'. -763 1 J J'. -763