HomeMy WebLinkAbout027667 RES - 04/22/2008RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE
UTILITY AND CONSTRUCTION EASEMENTS FOR A
STORM WATER DRAINAGE PROJECT, KNOWN AS THE
TILL CREEK DRAINAGE BASIN PROJECT, PHASE 2 (#2270),
ON THREE TRACTS OF LAND KNOWN AS PARCELS 1, 2, AND
3; FOR THE PUBLIC PURPOSE AND USE AS STORM WATER
DRAINAGE IMPROVEMENTS AND FOR OTHER RELATED
DRAINAGE PURPOSES; AND AUTHORIZING THE C1TY
MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE
SUBJECT PARCELS BY MEANS OF NEGOTIATIONS OR
EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN,
WHEREAS, the City of Corpus Christi has implemented a storm water drainage
project, known as the Till Creek Drainage Basin Project, Phase 2 (#2270), to build
storm water drainage infrastructure improvements hereinafter referred to collectively
as the "Project" for the public use as storm water drainage and for other related
drainage and public purposes; and
WHEREAS, the Project has entered the acquisition phase; and
WHEREAS, the City Council of the City of Corpus Christi (the "Council") desires to
determine, confirm, ratify and find that there is a public necessity for the Project; and
WHEREAS, the Council desires to determine, confirm, ratify and find that public
necessity requires the City acquire and own certain property rights in land from the
title owners of the three tracts of land known as Parcels 1, 2, and 3, as shown and
described in Attachment "A" and which are necessary for the public purpose use of
the Project and for public purpose and use as drainage infrastructure (referred to
herein this Resolution as "the Property"); and
WHEREAS, the Council desires to confirm and authorize the City Manager and City
Attorney to acquire the needed property rights by means of negotiations or by
exercise of the City's power of eminent domain,
NOW THEREFORE, R.E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Public necessity requires that the City have certain property rights,
certain property rights in land from the title owners of the two tracts of land known as
Parcels 1, 2, and 3, as shown and described in Attachment "A" and which are
necessary for the for the storm water drainage improvement project known as the
Till Creek Drainage Basin Project, Phase 2 (#2270), as recited above (the "Project")
and for public purpose and use as drainage (referred to herein this Resolution as
"the Property") and for other related drainage and public purposes. Public necessity
requires that the City acquire the Property more fully described in Attachment "A" to
this Resolution, either through purchase or by the process of eminent domain.
042208 Reso Ern Dom Till Creek Parcels 1-3
027667
Page 1 of 3
SECTION 2. The public necessity to acquire the Property for the public purpose
and use of the Project and storm water drainage infrastructure improvements, and
for related drainage and other public purposes, is hereby confirmed and ratified, and
all acts done or initiated by employees, attorneys or representatives of the City to
acquire and condemn the Property, are hereby confirmed and ratified as authorized,
approved, and validated and declared to be valid in all respects and purposes as of
the respective dates thereof for the public necessity of the Project, and for public
purpose and use as storm water drainage infrastructure improvements, and for other
related drainage and public purposes.
SECTION 3. The City Manager and designee are directed to negotiate with the
property owners to purchase their property interests in the Property. If the City is
unable to negotiate to acquire the Property by reason of the City's inability to agree
with the owners of such private property interests in the Property as to the value of
such interests in the Property, or further negotiation with the owners of the Property
becomes futile, the City Attorney and designee are hereby directed and authorized
to institute and prosecute to conclusion all necessary proceedings to condemn the
private property interests in the Property in order to acquire rights to the Property
and to take any other action necessary or incidental to such acquisition or eminent
domain proceedings to secure the rights to the Property.
SECTION . 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.
SECTION 5. This Resolution shall take effect immediately upon passage.
ATTEST:
Armando Chapa
City Secretary
Approve, as to form: o ' -Apr-08
By: InAL&)
Vero Ica Ocarias
Assistant City Attorney
for City Attorney
042208 Reso Em Dom Till Creek Parcels 1-3
CITY F CORPUS CHRISTI
Henry Ga ett
Mayor
Page 2 of
1/2
4daY of
2008
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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027667
042208 Reso Em Dom Till Creek Parcels 1-3 Page 3 of 3
Till Creek Draina *e Basin I • rovements Phase 2 #2270
OwnersofRecord — Parcels 1 2 3.
Parcel
owner of Record
Property Legal
esc . tion
Parcel Legal escntion
,�
Pinnacle P perties
T Cas Ger eral Part.
acres out �,
S eppard ,Corp rs
Chris , reces bounty, Te as.
Parcel 1 - .323 acres out of
Lot 32, H. B. Sheppard Farm
Lots
Parcel 1-tce - .48 acres out of
Lot 32, H. B. Sheppard Farm
Lots
Lot 4, Block 2, Su tide
Industrial Tracts, Corpus,ot
Christi, Nueces County, Texas.
ce i r sf o f
loc �, sung
n t al Tract.
Iris Powell Grant, Trustee
et al.
1 90.032 acres out of Lot 1,
1 Assessors Map 141, Corpus
Christi, Nueces County, Texas.
Parcel - . acres out of
Lot 1 Assessors Ma 1 1.
Peacel tc -- ares out
ap 1 .
ATTACHMENT ""
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