HomeMy WebLinkAbout030113 RES - 03/18/20141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS (1) DETERMINING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE
ACQUISITION OF PARCELS OF LAND BY FEE SIMPLE TITLE TO THE SURFACE
ESTATE, RIGHT -OF -WAY EASEMENTS, UTILITY EASEMENTS, AND
TEMPORARY CONSTRUCTION EASEMENTS FOR A STREET IMPROVEMENT
PROJECT KNOWN AS THE NAVIGATION BOULEVARD STREET IMPROVEMENT
PROJECT WHICH IS TO BE GENERALLY LOCATED FROM LEOPARD STREET
NORTHWARD TO UP RIVER ROAD, BOND 2012; (2) AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS
NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO
AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3)
AUTHORIZING THE CITY MANAGER TO INSTITUTE CONDEMNATION BY
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE FEE SIMPLE AND
EASEMENT INTERESTS IN THE PROPERTIES; (4) AUTHORIZING PAYMENT
PURSUANT TO AN AWARD BY SPECIAL COMMISSIONERS; (5) AUTHORIZING
ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS;
AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE
ACQUIRED BY CONDEMNATION THE PARCELS OF LAND DESCRIBED HEREIN
BY A SINGLE RECORD VOTE OF THE CITY COUNCIL.
WHEREAS, the City of Corpus Christi is in need of various tracts of land, right -of -way
easements, utility easements, and temporary construction easements described herein for the
purposes of street and related improvements, and,
WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of
Rights, has been or will be provided to the landowners; and,
WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the
City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in
compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with
no Councilmember objecting to adoption by single resolution for all units of property for which
condemnation proceedings are to be initiated), the City Council has determined to utilize its
constitutional and statutory authority to exercise its authority for eminent domain in accordance
with State law; and,
WHEREAS, the land rights, right -of -way easements, utility easements, and temporary
construction easements listed in Exhibit "A," are necessary to advance the public uses recited
herein; and,
WHEREAS, Texas Government Code Section 2206.053 (f) provides that if a project
for a public use will require a governmental entity to acquire multiple tracts or units of property
to construct facilities connecting one location to another location, the governing body of the
governmental entity may adopt a single ordinance, resolution, or order by record vote that
delegates the authority to initiate condemnation proceedings to the chief administrative official
of the governmental entity; and,
WHEREAS, based on an engineering study, the location of said street and related
improvements optimizes the enhancement and adequacy of municipal streets;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. All of the Recitals are hereby found to be true and correct legislative and
factual fmdings of the City of Corpus Christi Texas, and they are hereby approved and the
Recitals are incorporated for all purposes as if they were fully recited herein.
Section 2. That the City Council of the City of Corpus Christi, Texas, hereby fords and
determines that a public use and necessity exists for the welfare of the City and its citizens to
construct the Navigation Boulevard Street Improvement Project, and it is in the public interest to
acquire the tracts of land, right -of -way easements, utility easements, and temporary construction
easements, as described and listed in Exhibit "A" and depicted in Exhibit `B," attached hereto
and incorporated herein, for such public use; that such acquisition is solely for the public use and
necessity of acquiring this uniquely situated land for providing improvements to its municipal
street system.
Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City
to take all steps necessary to acquire the fee simple and easement interests for the Navigation
Boulevard Street Improvement Project, including acceptance and recording of legal documents,
all subject to availability of funds appropriated for such purposes. If such offer and an
agreement as to damages and compensation cannot be reached, then the City Manager is
delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against
the owners and interested parties of the property, proceedings in eminent domain in accordance
with State law to acquire the properties in fee simple and easement interests in the properties. If
it is later determined that there are any errors in the descriptions contained herein or if later
surveys contain more accurate revised description, the City Attorney, or designee, is authorized
to have such errors corrected or revisions made without the necessity of obtaining the City
Council approval authorizing the condemnation of the corrected or revised properties. The City
Manager or designee is authorized to issue payment pursuant to an award by Special
Commissioners in the condemnation matter.
Section 4. That the City Manager or designee is fully authorized to negotiate and make
final offers, and to execute the contracts and instruments necessary to purchase and acquire all
properties necessary and to pay for said properties provided the amounts paid are within the
Council approved project budgets, all without requiring additional City Council consideration or
approval.
Section 5. That this resolution authorizing condemnation proceedings over the units of
property described and listed in Exhibits A and B, shall be approved by single record vote of the
City Council.
Section 6. That this Resolution shall take effect immediately from and after its passage
and it is so resolved.
PASSED AND APPROVE
CORPUS CHRISTI, TEXAS, this
Y THE CITE ,C�CIL OF THE CITY OF
�
ay of la.f , 2014.
Rebecca Huerta
City Secretary
CIE C Y F CORPUS CHRISTI
Nelda Martinez
Mayor
Corpus Christi, Texas
lhof 1I/� �t�l' '� C , lJ i L
The above resolution was passed by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
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CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: March 18, 2014
A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public
necessity and public use for the acquisition of parcels of land by fee simple title to the surface
estate, right -of -way easements, utility easements, and temporary construction easements for
a street improvement project known as the Navigation Boulevard Street Improvement Project
which is to be generally located from Leopard Street northward to Up River Road, Bond 2012;
(2) authorizing the City Manager or his designee to negotiate and execute all documents
necessary to acquire the property interests subject to availability of funds appropriated for
such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain
proceedings to acquire the fee simple and easement interests in the properties; (4)
authorizing payment pursuant to an award by Special Commissioners; (5) authorizing
acceptance and recording of appropriate legal instruments; and (6) approving condemnation
for all units of property to be acquired by condemnation the parcels of land described herein
by a single record vote of the City Council.
Amount Required: $ NONE
Fund
Name
Account
No.
Fund No.
Org. No.
Project
No.
Amount
Certified
Amount
Balance
[ • j Certification Not Required
Nr-
Director of Financial Services
Date: MAR 1 4 7.014