HomeMy WebLinkAbout04690 ORD - 12/11/1956GGP: AP: 12/11/56
AN ORDINANCE
AMENDING ORDINANCES NO. 4439 AND N0.11440 TO THE EFFECT
THAT THE AUTHORITY FOR ACQUISITION OF TITLE TO LAND SE
TO INCLUDE THE AUTHORIZATION FOR ACQUIRING HE F E S MPLE
TITLE THEREOF; RATIFYING THE ACTS OF THE CITY ATTORNEY
IN SUCH ACQUISITION PROCEEDINGS; AND DECLARING AN
EMERGENCY.
WHEREAS, THE CITY COUNCIL OF THE CITY DF CORPUS CHRISTI, TEXAS, DID
PASS AND APPROVE ORDINANCES No. 4439 AND N0. 4440 ON THE 4TH DAY OF JANUARY, 1956,
FINDING IT NECESSARY AND ORDERING THE CONDEMNATION OF CERTAIN REAL ESTATE IN
NUECES COUNTY, TEXAS, THE RECORD TITLE OF SAME BEING IN L. L. WOODMAN, SR., TRUSTEE,
AND FRANK EVANS, AS RECORDED IN VOLUME 678, PAGE 161, OF THE DEED RECORDS OF NUECES
COUNTY, TEXAS, AND IN L. R. CROCKETT AND W. J. ROBERTS, AS RECORDED IN VOLUME 592,
PAGE 322 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; AND
WHEREAS, INADVERTENTLY ORDINANCE No. 4439 AND NO. 4440 RECITED THAT
THE "CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY ORDER A CONDEMNATION OF A RIGHT-
OF—WAY AND EASEMENT IN, ACROSS, ON AND OVER" THE ABOVE IDENTIFIED REAL ESTATE OF
L. L. WOODMAN, SR., TRUSTEE, AND FRANK EVANS, AND THAT OF L. R. CROCKETT AND W. J.
ROBERTS, IN THAT IT WAS THE TRUE INTENTION OF THE CITY COUNCIL OF CORPUS CHRISTI,
TEXAS, AT THE TIME OF THE APPROVAL AND PASSAGE OF SAID ORDINANCES NO. 41139 AND NO.
4440 TO ORDER THE CONDEMNATION BY THE CITY OF CORPUS CHRISTI OF THE FEE SIMPLE
TITLE TO SAID PROPERTY IN ITS ENTIRETY, INSTEAD OF A MERE "RIGHT—OF—WAY AND EASE-
Id ENT IN, ACROSS, ON AND OVER" THE PROPERTY OF L. L. WOODMAN, SR., TRUSTEE, AND
FRANK EVANS, AND THAT OF L. R. CROCKETT AND W. J. ROBERTS; AND
WHEREAS, THE CITY ATTORNEY OF CORPUS CHRISTI, TEXAS, FROM THE INCEPTION
AND INITIATION OF SAID CONDEMNATION PROCEEDINGS IN BEHALF OF THE CITY OF CORPUS
CHRISTI, TEXAS, HAS SOUGHT TO OBTAIN THE FEE SIMPLE TITLE OF SAID PROPERTY IN ITS
ENTIRETY IN CONFORMITY WITH THE TRUE INTENTION OF THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS, WHICH ACTION BY THE CITY ATTORNEY OF CORPUS CHRISTI, TEXAS, THE
CITY COUNCIL OF CORPUS CHRISTI, TEXAS, DESIRES TO ADOPT AND RATIFY AS ITS OWN
IN RECTIFYING THE RECITATIONS IN SAID ORDINANCES; AND
WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, HAS BY ORDINANCE
N0. 4483 ALREADY ADOPTED, RATIFIED AND CONFIRMED THE ACTION OF THE CITY CONDEMNOR,
ACTING BY AND THROUGH ITS CITY ATTORNEY, IN ACQUIRING FEE SIMPLE TITLE TO SAID
LAND FROM SAID OWNERS IN SAID CONDEMNATION PROCEEDINGS:
NW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. IN CONFORMITY WITH THE PREMISES THE CITY COUNCIL DOES
HEREBY AMEND ORDINANCE NO. 4439 TO THE EFFECT THAT THE DIRECTION AND AUTHORITY
FOR THE INSTITUTION AND PROSECUTION OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION
OF THE LAND DESCRIBED THEREIN BE FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE
TITLE TO SAID LAND AND PREMISES DESCRIBED IN SAID ORDINANCE.
SECTION 2. THE CITY COUNCIL DOES HEREBY AMEND ORDINANCE N0. 4440
TO THE EFFECT THAT THE DIRECTION AND AUTHORITY FOR THE INSTITUTION AND PROSECUTION
OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF THE LAND DESCRIBED THEREIN BE
FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE TO SAID LAND AND PRESMISES DES-
CRIBED IN SAID ORDINANCE.
SECTION 3. THAT ALL ACTS AND PROCEEDINGS HERETOFORE INSTITUTED, PROSE-
CUTED AND CONDUCTED BK, FOR AND IN BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
BY THE CITY ATTORNEY OF CORPUS CHRISTI, TEXAS, IN ATTEMPTING TO PROCURE FEE SIMPLE
TITLE TO THE LAND AND PREMISES DESCRIBED IN SAID ORDINANCE N0. 4439 AND N0. 4440 BE,
AND THE SAME IS HEREBY RATIFIED, ADOPTED AND CONFIRMED TO THE SAME EFFECT AS THOUGH
ORIGINALLY SO AUTHORIZED, AND THE CITY ATTORNEY IS FURTHER AUTHORIZED AND DIRECTED
TO CONTINUE WITH SAID PROCEEDINGS AND/OR SUCH OTHER PROCEEDINGS AS MAY BE NECESSARY
IN ACQUIRING THE FULL FEE SIMPLE TITLE TO ALL OF THE LANDS AND PREMISES DESCRIBED
IN EACH OF SAID ORDINANCES N0. 4439 AND ND. 4440.
SECTION 4. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECESSITY
FOR THE CITY TO OBTAIN FEE SIMPLE TITLE OF THE REAL PROPERTY IN ITS ENTIRETY HERE -
INA30VE IDENTIFIED SO THAT A BRIDGE MAY BE CONSTRUCTED OVER THE TULE LAKE CHANNEL
CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS-
PENSION OF THE 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
EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID'CHARTER
RULE AND THAT THIS 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 OF DECEMBER, 1956.
ATTES�;
MAYOR
CITY SECRET AR THE CITYCF CORPUS CHRISTI, TEXAS
APPROVED AS ?b LEGAL �ORM
DEC DER 11p 1956:
CITY ATTORNE
CoypS CHRISTI, TEXAS
J r , 1956
TO THE MEMBERS 'OF-THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OFrTME FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT LS 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 INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULL
MAYOR
THE CITY/OF C PUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH r2L�
W. J. ROBERTS
MINOR CULLI
B, E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLL
FARR41,, SMITH
W. J. ROBERTS
MINOR CULLI
B. E. BIGLER
MANUEL P. MALDONADO
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