HomeMy WebLinkAbout028433 RES - 12/08/2009RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE A
DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT KNOWN AS PARCELS 25 AND 25-TCE FOR THE
NORTH PORT AVENUE — IH 37 to US 181 STREET PROJECT
(#6264)(BOND 2004), A STREET AND STORM WATER
DRAINAGE PROJECT, FOR THE PUBLIC PURPOSE, USE, AND
CONSTRUCTION OF STORM WATER DRAINAGE
IMPROVEMENTS AND FOR OTHER RELATED DRAINAGE
PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE
CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY
MEANS OF NEGOTIATIONS OR BY EXERCISE OF THE CITY'S
POWER OF EMINENT DOMAIN.
WHEREAS, the City of Corpus Christi has implemented a street and storm
water project known as the North Port Avenue —1E137 to US 181 Street Project
#6264 (Bond 2004) to build street and storm water drainage infrastructure
improvements along North Port Avenue from IH37 to US Highway 181,
hereinafter referred to collectively as the "Project" for public use as storm water
drainage and for other related drainage and public purposes; and
WHEREAS, the Project is necessary to help alleviate flooding in the North Port
Avenue area and will serve the citizens of the City of Corpus Christi; 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 owner, Triple S Refining Corporation, of the tracts of land
known as Parcels 25 and 25-TCE, 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,
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120809 RESO2condemn North Port Ave IH37 to US 181 Parcels 25, 25-TCE
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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 street and storm water drainage
improvements known as the North Port Avenue — IH37 to US 181 Street
Project, as recited above (the "Project"), and that it is necessary for the public
welfare and convenience to acquire from the owners thereof, Triple S Refining
Corporation, the drainage utility easement rights of the subject property shown
and described in Attachment "A," (referred to herein this Resolution as "the
Property") for the public purpose of the Project and for other related drainage
and public purposes.. Public necessity requires that the City acquire the
Property either through purchase or by the process of eminent domain.
SECTION 2. The public necessity to acquire the Property for the public
purpose and use of the Project 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 acquire the Property by negotiation, the City Attorney and
designee are hereby directed and authorized to institute and prosecute to
conclusion, or to cause to be instituted and prosecuted 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.
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SECTION 5. This Resolution shall take effect immediately upon passage.
ATTEST:
Armando Chapa
City Secretary
Approve as to form: 2 -Nov-09
By: 6\)1
Veronica Ocatiass
Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
,(1:-/964-1)
Joe Ad rhie
Mayor
120809 RESO2condemn North Port Ave IH37 to US 181 Parcels 25, 25-TCE
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day of 6tealik, 2009
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler v
Brent Chesney
Larry R. Elizondo, Sr. r
Kevin Kieschnick417-/
Priscilla Leal J° }C-
PG
John E. Marez
Nelda Martinez
Mark Scott
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File :\Mproject\councilexhibits\exh6264c.dwg
PROJECT #6264
9
SITE PLAN
NOT TO SCALE
AT -MC -MEM' - - -
North Port Avenue -111-37 TO US 181
Street Improvement Prot No. 6264
Bond 2004
Parcels 25, 25-TCE, Southwestern Refining Co.
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE 11-17-2009
UMW MOM
IWO