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HomeMy WebLinkAbout16034 ORD - 02/11/1981jkh;2-11-81; 1st AN ORDINANCE APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND THE SUM OF $142,959, OF WHICH AMOUNT $136,000 REPRESENTS AWARD OF SPECIAL COMMISSIONERS, $1,050 IS FOR FEES FOR THE SPECIAL COMMISSIONERS AND $5,909 IS FOR APPRAISAL SERVICES OF TWO APPRAISERS AND COURT APPEARANCE OF ONE APPRAISER IN CAUSE NO. 814-1, CITY OF CORPUS CHRISTI V. P.J.C. PARTNERSHIP, IN CONNECTION WITH THE ACQUISITION OF TWO PARCELS FOR THE GABRIEL TERRACE OUTFALL, PROJECT NO. 295-72-2; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there is hereby appropriated out of the No. 295 Storm Sewer Bond Fund the sum of $142,959, of which amount $136,000 repre- sents award of Special Commissioners, $1,050 is for fees for the Special Commissioners and $5,909 is for appraisal services of two appraisers and court appearance of one appraiser in Cause No. 814-1, City of Corpus Christi v. P.J.C. Partnership, in connection with the acquisition of two parcels for the Gabriel Terrace Outfall, Project No. 295-72-2. SECTION 2. The necessity to appropriate the sums hereinabove described in order that the City may take possession of the parcels involved at the earliest practicable date in order that the project may proceed without delay creates a public emergency and an imperative public necessity requir- ing 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, 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 // day of February, 1981. ATTEST: it ecretary APPROVED: J. BRUCE A By MAY LYRE CIT ir CORPUS CHRISTI, TEXAS (/ //P/ Assistant City,ney 1E034 $0LIVIED ,SIP z 71984 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 6, 1981 I certify to the City Council that $ 142,959.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Eland No. and Name 295 Storm Sewer Bond Fund Project No. 295-72-2 Project Name Gabriel Terrace Drainage Outfall from which it is proposed to be drawn, and such money is not appropriated for any other purpose. "Condemnation Acquisition" Parcels 16,17 FIN 2-55 Revised 7/31/69 Corpus Christi, T xas day of / , 191) 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, MAY 0).;// HE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend - by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky by the following vote:. 16031 NO. 814-1 CITY OF CORPUS CHRISTI V. P.J.C. PARTNERSHIP, ET AL CONDEMNATION PROCEEDINGS FILED WITH THE JUDGE OF THE COUNTY COURT AT LAW NUMBER ONE OF NUECES COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On the 5th day of February, 1981, in the City of Corpus Christi, Nueces County, Texas, the above styled proceedings in eminent domain came on to be heard before the undersigned, three disinterested freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners by the Judge of the County Court at Law No. 1 of Nueces County, Texas, to assess the damages caused by these proceedings, and came the Plaintiff, City of Corpus Christi, Texas, a municipal corporation located in Nueces County, Texas, acting herein by and through the said City, and came also the Defendants, and all parties having announced ready, the Commissioners proceeded to hear the evidence and arguments of the parties and made the following findings: I That on the 13th day of November, 1980, the City of Corpus Christi, Plaintiff, filed a written statement with the Judge of County Court at Law No. 1 of Nueces County, Texas, wherein upon the facts and for the pur- poses therein stated, it sought judgment vesting in the City of Corpus Christi fee simple title to certain land for the purpose of establishing, construct- ingrand maintaining a facility to be designated as the Gabriel Terrace Drainage Outfall and appurtenances thereto and for other municipal purposes, said land being situated within the corporate limits of the City of Corpus Christi, Nueces County, Texas, and being more particularly described as follows, to -wit: Parcel No. 16 Being an irregularly shaped tract of land out of Tract 2-6, M.M. Gabriel Partition of the Gugenheim and Cohn's Farm Lots as shown by map of record in Volume 2, Page 24, Miscellaneous Map Records, Nueces County, Texas and more particularly des- cribed by metes and vounds as follows: Beginning at a point on the centerline of West Point Road, said point being the southwest corner of Lot 15, Gugenheim and Cohn's Farm Lots as shown by map of record in Volume A, Page 53, Map Records, Nueces County, Texas; Thence N. 00° 14' 30" E., along the west boundary Sine of said Lot 15, a distance of 1,017.94 feet to a point on the South boundary line of abovementioned Tract 2-B; Thence S. 89° 52' 40" E., along the south boundary line of said Tract 2-B, a distance of 916.24 feet to a point for the beginning point of the tract of land herein described; Thence N. 49° 26' 00" E., a distance of 714.46 feet to a point on the southwest right-of-way line of South Padre Island Drive; Thence S. 40° 34' 00" E., along the southwest right-of-way line of said South Padre Island Drive, a distance of 110.0 feet to a point; Thence S. 49° 26' 00" W., a distance of 586.42 feet to a point on the south boundary line of said Tract 2-6;,. _ Thence No. 89° 52' 40" W., along the south boundary line of said Tract 2-6, a distance of 168.72 feet to the place of beginning and containing 1.642 acres, more or less. Parcel No. 17 Being an irregular shaped tract of land out of Tract 3-6 and 4, M.M. Gabriel Partition of the Gugenheim and Cohen's Farm Lots as shown by map or record in Volume 2, Page 22, Miscel- laneous Map Records, Nueces County, Texas, and more particu- larly described by metes and bounds as follows: Beginning at a point on the centerline of 60 foot wide West Point Road, said point being the southwest corner of Lot 15, Gugenheim and Cohen's Farm Lots as shown by map of record in Volume A, Page 53, Map Records, Nueces County, Texas; Thence N. 000 46' 40" E., along the west boundary line of said Lot 15, a distance of 30.0 feet to a point on the north right-of-way line of abovementioned West Point Road; • Thence N. 89° 59' 00" W., along the north right-of-way line of said West Point Road, a distance of 19.92 feet to a point being the beginning point of the tract of land herein des- cribed; Thence continue N. 89° 59' 00" W., along the north right- of-way line of said West Point Road, a distance of 110.0 feet to a point; -2- a • r Thence N. 00° 46' 40" E., a distance of 3.51 feet to a point being the P.C. of a circular curve to the right; Thence along the arc of said curve whose central angle is 48° 39' 20", radius 110.0 feet, tangent 49.73 feet, a dis- tance of 93.41 feet to the point of tangency; Thence N. 49° 26' 00" E., a distance of 1,334.70 feet to a point on the north boundary line of abovementioned Tract 3-B; Thence S. 89° 52' 40" E., along the north boundary line of said Tract 3-B, a distance of 168.72 feet to a point; Thence S. 490 26' 00",W., a distance of 1,462.64 feet to a point; Thence S. 00° 46' 40" W., a distance of 2.05 feet to the place of beginning and containing 3.657 acres, more or less. II That upon consideration of the said written statement'so filed by Plaintiff, the Judge of County Court at Law No. 1 of Nueces County, Texas, did on the zr-6^ day ofDeep,,,i y---1980, appoint three disinterested free- holders of Nueces County, Texas, as Special Commissioners to assess the damages caused by the taking of said property. III That thereafter said Special Commissioners duly qualified as such, each taking the oath prescribed by law, which oaths are on file with the papers of this cause. IV That after having so qualified, the said Special Commissioners did on the ''day of',.- . b ,— , 1980, by written order bearing said date, designate and appoint the 19th day of December, 1980, at 1:30 p.m., in the Commissioners' Courtroom, situated in the City of Corpus Christi, Texas, at the county seat of Nueces County, Texas, as the date and place for hearing said statement and parties, said date being the earliest practicable time and such place being the county seat of the county in which the property is situated. V That on the 19th day of December, 1980, said Special Commissioners did convene and the Plaintiff requested psotponement, which was agreed upon by said Commissioners and Defendant. That on the 19th day of January, 1981, said Special Commissioners did reconvene and the Plaintiff again requested -3- postponement, which was agreed upon by said Commissioners and Defendants. That on the 5th day of February 1981, said Special Commissioners did reconvene and the following named parties did appear in person or by their attorney: The City of Corpus Christi, by and through the City Attorney of the City of Corpus Christi, Texas, and the Defendants, &-t/./Bvdwvt '741171y- ' 4 /Ortl Q.y and announced ready for such hearing and said Special Commissioners proceeded to hear evidence as to the damages which will be sustained by the owners by reason of the taking of said land,and after hearing and consideration of such evidence the said Special Commissioners did find and determine and accordingly assess damages to be paid by the City of Corpus Christi according to the rule of damages set forth in Article 3265, Rules of Civil Statutes of Texas, in the amount of a1c�/6.4per.D ii,A0, y c3 ' ai/d 6' y/id Dollars ($/J' €'#6' ) for said//,ypi/Parcels 16 and 17 to the owners and claimants jointly. 474 r.La� T // f>7 cad rov y! �WIGGCQYe The costs of this proceeding are adjudged against the Plaintiff. SIGNED this the .4- day of February, 1981. APPROVED AS TO FORM: R. W. Coffin Sr. AssistanAttorney Attorney for laintiff State Bar Lic. No. 4495000 Attorney for Defendants Q Rudolph So , Jr. Minerva Stewart -4- on Rubio SPECIAL COMMISSIONERS Grl._LJa Q..3.s AUTHORITtr BY COUNCIL. -./.1- P1 SECRfPS The foregoing Award was filed with me this the / --day of February, 1981. It is ordered that the Special Commissioners designated below receive the compensation shown below for their services herein: Rudolph Sosa, Jr $ (V Oz Minerva Stewart $S-2) Milton Rubio $ > , d ter -4- 4e=klIfO,A , ge, County Court at Law No. 1 Nueces County, Texas