HomeMy WebLinkAbout031172 ORD - 06/20/2017 1
An ordinance of the City Council of the City of Corpus Christi, Texas (1)
determining the public necessity and public use for the acquisition of Right-of-
Way Easements, Temporary Construction Easements and fee simple property
rights for a street improvement project known as the Rodd Field Road Expansion
Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014);
(2) authorizing the City Manager or 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 easement and
fee simple property interests in the properties within the project area depicted on
the Project Location Map; (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 herein by a single record vote of the City Council.
WHEREAS, the City of Corpus Christi is in need of a Right-of-Way Easements,
Temporary Construction Easements, and fee simple property rights for the purposes of
constructing street improvements at the intersection of Rodd Field Road and Yorktown
Boulevard;
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 ordinance 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 Right-of-Way Easements, Temporary Construction Easements,
and fee simple property rights 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 roadway
intersection and street related improvements optimizes the enhancement and
adequacy of municipal streets;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
03 U72
INDEXED
2
Section 1. All of the Recitals are hereby found to be true and correct legislative
and factual findings 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
finds and determines that a public use and necessity exists for the welfare of the City
and its citizens to construct the Rodd Field Road Expansion Project, generally from
Saratoga Boulevard to Yorktown Boulevard (Bond 2014), and it is in the public interest
to acquire the Right-of-Way and Temporary Construction Easements along with any
fee simple property rights needed as shown on the attached Exhibit A - Project
Location Map, 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 easement and fee simple property
interests for the Rodd Field Road Expansion Project, generally from Saratoga
Boulevard to Yorktown Boulevard (Bond 2014), 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 all interested parties of the property
proceedings in eminent domain in accordance with State law to acquire the easement
and fee simple interests in the property. 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 budget that was approved on
January 17, 2017, all without requiring additional City Council consideration or
approval.
Section 5. That this ordinance authorizing condemnation proceedings over the
property described and depicted in the Project Location Map shall be approved by
single record vote of the City Council.
Section 6. That this ordinance shall take effect immediately from and after its
passage, and it is so ordained.
3
That the foregoing ordin nce was re d for the first time and passed to its second
reading on this the I2jy of , 2017, by the following vote:
Joe McComb 0 A 1 Ben Molina
RudyGarza _
I.A - Lucy Rubio _al,Z_
Paulette Guajardo f .J i Greg Smith ___aii,L
i4Michael Hunter Carolyn Vaughn
Council Member VaiZVI t'
That the foregoing ordinance-was read for the second time and passed finally on this
the -)( tHay of ffc I (c , 2017, by the following vote:
Joe McComb atae Ben Molina aat /
Rudy Garza , A! Lucy Rubio .A 0
Paulette Guajardo I. 4.1 Greg Smith ' 4 /
Michael Hunter Carolyn Vaughn ii.
Council Member \I aA. CL,i'
jr11--)PASSED AND APPROVED on this the day of , 2017.
ATTEST:
7: -C.1).e. , .,te., •fi/,(cArtrk ,,, wt. c- -62-14A- -
Rebecca Huerta Jo- cComb
City Secretary M.; •
+ J11_'7:
4
Exhibit A- Project Location Map
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PROJECT SITE f /
Parcel 1
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LOCATION MA ,,
NOT TO SCALE 4; ,...,•,
Rodd Field Road Expansion Project CITY OF CORPUS CHRISTI, TEXAS
Project No. E15112 DEPARTMENT OF ENGINEERING SERVICES