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HomeMy WebLinkAbout17725 ORD - 07/20/1983AN ORDINANCE AMENDING ORDINANCE NO. 15459, ADOPTED APRIL 2, 1980, 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 BY ADDING A DESCRIPTION OF CERTAIN IMPROVEMENTS, WOOD PILE AND FRAME PIER, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF THE HEREINAFTER MORE FULLY DESCRIBED TRACT FOR THE CORPUS CHRISTI BEACH IMPROVEMENT PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST JIMMY E. SELSOR AND WIFE, ROIANNA SELSOR, AND JACK L. TUCKER, 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: A portion of Block Q, Rincon or Brooklyn Addition to the City of Corpus Christi, Texas, as shown by the map thereof recorded in Volume A, at page 32, of the Map Records of Nueces County, Texas, and being a strip of land lying between the East line of Avenue A and the shoreline of Corpus Christi Bay, 50 feet in width, that is to say, 25 feet wide on each side of a center line which was the center line of the tail track of the San Antonio and Aransas Pass (later Texas & New Orleans) Railroad Epworth Wye Tract, as shown by said map, said strip of land containing eighteen hundred seventy-five square feet (1875 sq. ft.) more or less, including all improvements, structures and appurtenances thereto, to -wit: a wood pile and frame pier approximately 637 feet in length extending in an easterly direction from the above described land into the waters of Corpus Christi Bay. and WHEREAS, the said Corpus Christi Beach Improvements Project requires the acquisition of fee simple title in and to the aforesaid parcel or tract of land and improvements; and WHEREAS, record title of the aforesaid parcel appears to be in the following: Jimmy E. Selsor and wife, Roianna Selsor, and Jack L. Tucker; and WHEREAS, the City of Corpus Christi, Texas, is unable to arrive at an agreement with the said owners and claimants as to the price and value of said parcel or tract of land and damages for the taking thereof by the City; it is, therefore, determined by the City Council that it is necessary that the said tract or parcel of land described be acquired in fee title through the exercise of the City's power of eminent domain for said public purpose; and WHEREAS, Ordinance No. 15459 makes no reference to appurtenances or improvements to the land and the City desires to acquire the said .17725 SEP 28 1984' MICROFILMED improvements as well as the land: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 15459 is amended to read as follows: "Section 1. That the City of Corpus Christi, Nueces County, Texas, in accordance with the City Charter and the laws of the State of Texas does hereby order, direct and authorize that eminent domain proceedings be instituted for the purpose of acquiring the fee simple title of the above described land and premises, including the improvements, excluding mineral interest, for use by the City for the Corpus Christi Beach Improvement Project, and for other municipal purposes, within the City limits, and to condemn the fe('title to the aforesaid parcel or tract of land, including improvements, excluding mineral interest." 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 property for use in the Corpus Christi Beach Improvement Project and for other municipal purposes. SECTION 3. The public importance and necessity for the City to gain immediate possession and title to the aforesaid tract or parcel of land hereinabove described for the Corpus Christi Beach Improvement Project and for other municipal purposes within the City limits as above described and provided (and the fact that a hearing before the Special Commissioners in scheduled for August 18, 1983), 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 and take effect and be in full force an effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this o21) day of July, 1983. ATTEST: y Secre —f—ete APPROVED: 1 ' DAY OF JULY, 1983 2Bru'e Aycock,iylttorney MAYO THE C TY OF CORPUS CHRISTI, TEXAS Corpus C risti, Te 62,10 day of 198 a TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17'725