HomeMy WebLinkAbout05364 ORD - 05/20/1959BS-.mw 5 -20 -59
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AN ORDINANCE
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE
CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL
ESTATE LOCATED IN NUECES COUNTY TEXAS OWNED
BY ROBERT E. BRENNAN AND WIFE FOR STREET AND
ROAD USE IN THE PROJECT l�i0F1N AS THE TOLE LAKE
LIFT BRIDGE PROJECT, WHICH LAND IS MORE PAR-
TICULARLY DESCRIBED HEREIN; DIRECTING THE CITY
ATTOBNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT
THE INTENTION OF THIS ORDINANCE; AND DECLARING
AN EMERGENCY.
WHERE", the City of Corpus Christi is the sponsor of the Tula
Lake Lift Bridge Project, Project No. 13 -55 -1, which includes the construction
of a combination rail and highway lift bridge across the ship channel
known as the Tula Lake Lift Bridge, together with the approach roads
providing access to and across said bridge; and
WHERE", it is hereby determined necessary to acquire the herein-
after described real property in order for the City as sponsor to complete
said project, in that the hereinafter described property must be acquired
for a road to provide access to the aforesaid Tula Lake Lift Bridge from
Shell Road to the South Approach of said bridge; and
WHEREAS, the record title in and to the hereinafter described
property appears to be in Robert E. Brennan and wife, both of whom reside
in Nueces County, Texas; and
[WHEREAS, the City of Corpus Christi is unable to arrive at an
agreement with said owners as to the price and value of said land and the
damages if any to be sustained by said owners in connection with the re-
maining portions of said land, and it therefore becomes necessary that
said property be acquired by the City of Corpus Christi for the aforesaid
public purpose, by condemnation.
NOW, THMMORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The public need and necessity for the acquisition
of the hereinafter described real property is hereby publically declared,
after having considered all of the factors in connection thereto, con-
sidering especially the engineering plans in connection with the approaches
to the Tale Lake Lift Bridge. In conformity with the premises, and in
accordance with the Charter of the City of Corpus Christi, and in accordance
with the State law which provides said City with the power to condemn
property for public purposes, the City Council of the City of Corpus
Christi does hereby order the condemnation of certain real estate in
Nueces County, Texas, and the acquisition thereof by the City of Corpus
Christi, as sponsor and as agent of the Nueces County Navigation District
No. land the County of Nueces, the other public agenctsparticipating in
the said project, by the exercise of the power of eminent domain, said land
being more particularly described as follows:
"Beginning at a 3/4" iron pipe in the north right -
of -way line of Up River Road and being the south east corner
of Mrs. W. E. Brennan 5.535 acre tract and the south west
corner of the Robert Brennan 4.534 acre tract, which is the
point of beginning and south west corner of this survey.
"Thence N 80- 45' -30" E a distance of 447.74' to a point.
"Thence N 00 -36' W a distance of 305.70' to a point on
the north line of the said Robert Brennan Tract and being
N 780 -14' E a distance of 74.22' from the north west corner
of the said tract and being the north west corner of this
survey.
"Thence N 780 -14' E a distance of 106.78' along the
said north line to a 1" iron pipe for a corner of this
survey.
"Thence S 780 -32' E a distance of 29.45' to a 1" iron
pipe which is the northeast corner of the said Robert
Brennan Tract for the north east corner of this survey.
"Thence S 60 -59' E a distance of 368.69' along the
east line of the Robert Brennan Tract to a point.
"Thence S 270 -38' W a distance of 93.14' to a point
of curvature of a left curve.
"Thence along a left curve having a radius of 932.64'
a distance of 307.24' to the point of tangency of the said
curve.
"Thence S 80- 45 -30" W a distance of 45.85' to a point
on the north right -of -way line of Up River Road which is
N 780 -24' W a distance of 205.79' from the southeast corner
of the said Robert Brennan Tract for the south east corner
of this survey.
"Thence N 780 -24' W 100.41' to a 3/4" iron pipe which
is the point of beginning, and containing 2.471 acres of
land, more or less."
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r
SECTION 2. The City Attorney is hereby authorized and directed
to institute condemnation proceedings against said property and the true
owners thereof and all persons who might have an interest therein, and
to proceed with said condemnation suit to its conclusion, with the ultimate
purpose of obtainingppssession and fee simple title to said property so
that said construction and improvement project may be completed.
SECTION 3. The public importance of this ordinance and the
public need and necessity for the City to gain possession and title of and
to the real property hereinabove set out so that said construction and
improvement project may be completed creates a public emergency and a
public necessity requiring the suspension of the Charter rule that no
ordinance or resulution shall be passed finally on the date of its intro-
duction 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 intro-
duction and that this ordinance take effect and be in full force and effect
from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED, This
the Od (0 day of May, 1959.
MAYOR
THE CITY CORFU HRISTI, TESAS
ATTEST:
City Secretary/
APPROVED AS TO LEGAL FORM THIS
THE 20TH DAY OF MAY, 1959:
City Attorney
CORPUS CHRISTI, TEXAS
l7 11 ® , 19-lr7
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN;
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE
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
COUNCILS I, THEREFOR£, 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,
I
MAYOR
THE CITY OF C P CHR TI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART clid
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE I. LOZANO, SR. '
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
ELLROY KING
U
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
G
GABE LOZANO, SR. '�'