HomeMy WebLinkAbout027374 RES - 08/21/2007RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE
SIMPLE TITLE TO THE SURFACE ESTATE ONLY FOR A STORM
WATER DRAINAGE PROJECT, KNOWN AS THE MASTER
CHANNEL 27 DRAINAGE PROJECT, ON FIVE TRACTS OF LAND
KNOWN AS PARCELS 5A,5B,6A,6B, AND 6C; AND FOR A
RELATED DRAINAGE AND UTILITY EASEMENT KNOWN AS
PARCEL 5C; TOGETHER WITH TWO RELATED TEMPORARY
CONSTRUCTION EASEMENTS; ALL OUT OF LOTS 22, 23, AND
24, SECTION 20, FLOUR BLUFF & ENCINAL FARM & GARDEN
TRACTS; FROM THE OWNERS, DIAZ CAPITAL PARNERSHIP
LTD. AND NABIL EMILADY, TRUSTEE; FOR THE PUBLIC
PURPOSE AND USE AS A STORMWATER DRAINAGE
CHANNEL AND FOR OTHER RELATED PURPOSES; AND
AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY
TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF THE
CITY'S POWER OF EMINENT DOMAIN.
WHEREAS, the City of Corpus Christi has implemented a storm water
improvement project, known as the Master Channel 27 Drainage Project, to
build a new storm water drainage channel and a related underground drainage
and utility facility hereinafter referred to collectively as the "storm water
improvement project" to serve the City; and
WHEREAS, the storm water improvement project has entered into the
acquisition phase; and
WHEREAS, the City of Corpus Christi has determined that there is a public
necessity for the storm water improvement project and has determined that
there is a public necessity for the acquisition of property rights, consisting of
fee simple title to the surface only and Drainage and Utility Easement rights in
land that will be used for this project, as shown and described in Attachment
"A"; and
WHEREAS, the City of Corpus Christi has authorized acquisition of the needed
property rights by means of negotiations and through eminent domain;
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Council of the City of Corpus Christi hereby
determines that there is a public necessity for storm water drainage
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improvements as above recited; and that it is necessary for the public welfare
and convenience to acquire from the owners thereof the fee simple title to the
surface estate only and Drainage & Utility Easement rights as shown and
described in Attachment "A" as the subject property, for the public purpose of
the new storm water improvement project.
SECTION 2. That the City Manager and the City Attorney are authorized to
act on behalf of the City to acquire the subject property, either by negotiated
purchase or by filing or causing to be filed condemnation proceedings under
Texas law in the event the consideration to be paid for the taking cannot be
agreed upon by negotiation.
SECTION 3. That this resolution shall take effect immediately.
SECTION 4. Severability: If any provision, section, subsection, sentence,
clause, or phrase of this Resolution, or the application of the same to any
person or set of circumstances is for any reason held to be unconstitutional,
void, or invalid, the validity of the remaining portions of this Resolution shall not
be affected thereby, it being the intent of the City Council in adopting this
Resolution that no portion hereof, or provisions or regulation contained herein,
shall become inoperative or fail by reason of any unconstitutionality or invalidity
of any other portion hereof and all provisions of this Resolution are declared to
be severable for that purpose.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to form on 14 -Aug -07
By:
itXt5lkt
Veronica Ocanas
Assistant City Attorney
for City Attorney
Henry Garre
Mayor
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The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda. Martinez
Michael McCutchon
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Attachment "A"
CITY PROJECT No. 2263
MASTER CHANNEL 27 DRAINAGE IMPS.
PARCELS 5A, 5B, 5C, 6A, 6B, & 6C
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI TEXAS
DEPARTMENT OF ENGINEERING SERVICE'S
PAGE: 1 of 1
DATE: 08-14-2007