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
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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