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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 Hoo i r -