Loading...
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 Page 1 of 3 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 Page 2 of 3 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 6/t dt)L 4i)/6 al,J4(,kfd- 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