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HomeMy WebLinkAbout15338 ORD - 01/30/1980AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEM- NATION BEING NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE OSO WASTEWATER TREATMENT PLANT - LAND ACQUISITION PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNER, RUDOLPH T. BARRERA, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary to acquire, for and on behalf of the City of Corpus Christi, a certain parcel or tract of land described as follows: All of Lots 15 thr 22 and part of Lot 23, Block 3, Edgewater Terrace Addition, part of Lot 12, Se ion 17, F.B. and E.F. and G.T. apart of tract of land patented to City of Corpus Christi by Patent Number 158, Volume 29-B, dated June 11, 1959 and being a part of that certain tract of land awarded to Edwin Juelg in Cause Number 83003-B in the 117th. District Court of Nueces County, Texas, styled City of Corpus Christi VS. Edwin Juelg et al on June 19, 1964. Beginning at the Northeast corner of Lot fifteen (15) in Block three (3) of the Edgewater Terrace Addition to the City of Corpus Christi, Texas. Thence in a Souther]- direction along and with the East boundary line of said Lot fifteen (15) and a line being an extension of said East boundary line to a point being the intersection of said extended line with a line being the Northerly extension of the East boundary line of Lot 12 (twelve) in Section Seventeen (17) of the Flour Bluff and Encinal Farm and Garden Tracts of Nueces County, Texas. Thence North 87° 16' W. a distance of 385 feet. Thence S. 31° 37, TIT. to a point on the North or Northeast boundary line of a shell road lying. along the S. W. boundary line of a tract awarded to Edwin Juelg in Cause Number 83003-B in the 117th. District Court of Nueces County, Texas, on the 19th. day of June, 1964; Thence in a Northwesterly direction with the meanders of the North or N. E. boundary line of said road to a point where said line intersects the West boundary; line of that certain tract of land conveyed to the City of Corpus Christi, Texas by that certain Deed dated October 27, 1942, recorded in Volume 299 on page 76 of the Deed records of Nueces County. AUG 2 91900 15538 • Thence N. 18° 10' 15" E. along the East boundary line of the City of Corpus Christi Tract to a point and the North boundary line of Lot 23, Block 3 of Edgewater Terrace Addition. Thence in an Easterly direction along the North boundary line of Lots twenty- three (23) through fifteen (15) both inclusive of block three (3) to the point of beginning. WHEREAS, the necessity for the completion of the Oso Wastewater Treatment Plant - Land Acquisition Project and other public purposes, requires the acquisition of the aforesaid parcel of land; and WHEREAS, record title to the aforesaid parcel appears to be in the following: Rudolph T. Barrera; and WHEREAS, the City of Corpus Christi is unable to arrive at an agreement with the said owner, and claimant as to the price and value of said parcel, and damages for the taking thereof by the City; it is, therefore, determined by the City Council that it is necessary that said property be acquired by the City of Corpus Christi through the exercise of its police power of eminent domain for said public purpose: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. In accordance with the City Charter and the laws of the State of Texas, the City of Corpus Christi, Nueces County, Texas, does hereby order, direct and authorize that eminent domain proceedings be instituted in order to acquire the aforesaid parcel of land and premises, excluding mineral interests, for use by the City of Corpus Christi for the improvement of the Oso Wastewater Treatment Plant and for other municipal purposes, and to condemn the aforesaid parcel or tract of land, excluding mineral interests. SECTION 2. The City Attorney of the City of Corpus Christi is hereby authorized and directed to institute proceedings against the said property, and against all persons who appear to have an interest therein, and to proceed with said condemnation suit to its final conclusion and to obtain possession and title to said easements for use in the Oso Wastewater Treatment Plant - Land Acquisition Project, and for other municipal purposes. SECTION 3. The public importance and necessity for the City to gain immediate possession and title of the aforesaid parcel or tract of land hereinabove described for the Oso Wastewater Treatment Plant Project, and for other public purposes, as hereinabove described for the Oso Wastewater Treatment Plant Project, and for other public purposes, • as hereinabove described and provided, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the 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, this the 30 day of January, 1980: ATTEST: 4d4 retary APPROVED: p DAY OF JANUARY, 1980: J. BRUCE AYCOCK CITY ATTORNEY By feV/ % . /_ Assistant C ) torn T91, TH CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Tpas day of 19 20 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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 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; I, therefore, 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, MAYO THE CIOF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: 15338 •