HomeMy WebLinkAbout027668 ORD - 04/22/2008RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE
UTILITY AND TEMPORARY CONSTRUCTION
EASEMENTS FOR A WASTEWATER PROJECT, KNOWN
AS THE GREENWOOD WWTP 4 MGD EXPANSION
PROJECT (#7303), ON TWO TRACTS OF LAND KNOWN AS
PARCELS 1 AND 2; FOR THE PUBLIC PURPOSE AND USE AS
WASTEWATER IMPROVEMENTS AND FOR OTHER RELATED
PURPOSES; AND AUTHORIZING THE CITY 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 for a wastewater project
known as the Greenwood WWTP 4 MGD Expansion Project (#7303), to build
wastewater improvements hereinafter referred to collectively as the "Project" for the
public use as wastewater improvements and for other related 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 on two tracts of land known as Parcels 1 and 2; 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 wastewater improvements (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, I E, E IT RESOLVED BY THE CITY COUNCIL F 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, as shown and described in Attachment "A" and which are necessary for
the for the wastewater improvement project known as the Greenwood VVWTP
MGD Expansion Project (#7303), as recited above (the "Project") and for public
purpose and use as wastewater improvements (referred to herein this Resolution as
"the Property") and for other related 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 Greenwood WMP 4 MGD
027668
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SECTION 2. The public necessity to acquire the Property for the public purpose
and use of the Project and wastewater improvements, and for other related
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
wastewater infrastructure improvements, and for other related 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 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.
SECTION 5. This Resolution shall take effect immediately upon passage.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa + my Garr
City Secretary Mayor
Apprevd as to form: t -Apr-08
By:
Veronica Ocatias
Assistant City Attorney
for City Attorney
042208 Reso Greenwood WI TP 4 MGD
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day of
070
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 M C tchon
042208 Reso Greenwood W NTP 4 MGD
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027668
Page 3 of
Parcel
No.
Greenwood map 4 rt4GCc ansion #73031
Qwners of Record — Parcels 1 2.
Owner of Record
Property Legal
Descry ' tion
11.536 acres out of Lot 8,
Section 14, Bohemian Colony
Lands, Corpus Christi, Nueces
County, Texas.
Orlando Salinas
Parcel Legal Description
Parcel 1 - ,281 acres out of
Lot 8, Section 14, Bohemian
Colony Lands.
Parcel 1-tce - .397 acres out
of Lot 8, Section 14,
Bohemian Colony Lands
Parcel 2 - .172 acres out of
Lot 1, Block 1, Saratoga Park
Parcel 2-tce - .861 acres out
of Lot 1, Block 1,Saratoga
Park.
ATTACHMENT" "
Page 1 of
F 1 +pro' ct council xhibi s exh7303c.dw
PARCEL
SOUTH TEXAS RAINBOW
EXISTING
GREEIONOOD
T.P.
PARCEL r2
GRANDSTANDSl
PARCEL 3
RONALD VOSS
VICINITY MAP
GREENWOOD W.W.T.P.
4 MGD EXPANSION
#7303
CITY COUNCIL EXHIBIT
,TY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
Page 2 of
DATE: 03-31-2008