HomeMy WebLinkAbout033237 ORD - 12/12/20231
Ordinance authorizing the purchase of 4909 Kostoryz Road and
3115 McArdle Road from Ifergan Michel, LLC for $290,000.00 and
authorizing the use of the power of eminent domain proceedings to
acquire the property
WHEREAS, the City of Corpus Christi ("City") requires multiple tracts of real
property interests consisting of approximately 2.3 acres located at 4909 Kostoryz Road
and 3115 McArdle Road, for public use as a public building known as Fire Station No.
8 in accordance with Texas Government Code 2206.001(c)(4);
WHEREAS, the value of the property rights for said public safety project to be
acquired from Ifergan Michel, LLC has been appraised at $290,000.00 by Lowery
Property Advisors, LLC;
WHEREAS, the Nueces County Appraisal District value for 4909 Kostoryz Road
is $317,631.00 and 3115 McArdle Road is $299,521.00 for a total taxable value of
$617,152.00;
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, in accordance with Texas Government Code Section 2206.053(f),
the City Council finds that the multiple tracts or units of property to be acquired
pursuant to this ordinance are required to construct facilities connecting one location to
another location, and are necessary to advance the public uses recited herein; and
WHEREAS, the motion to adopt this resolution has been made by the following
motion: "I move that the City of Corpus Christi authorize the execution of all documents
necessary, and alternatively, the use of the power of eminent domain, to acquire
approximately 2.3 acres of real property from Ifergan Michel, LLC, located at or near
4909 Kostoryz Road and 3115 McArdle Road for public use as a fire station."
NOW, THEREFORE, BE IT ORDAINED 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 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 Fire Station Number 8 at 4909 Kostoryz Road with a Legal
Description of LEXINGTON PL NE54' OF LT U & ALL LT V and 3115 McArdle Road
03 o 2,37.
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with a Legal Description of LEXINGTON PL W52' OF LTS 5 & 6 & ALL LTS 7 & 8 BK
N, and it is in the public interest to acquire the 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.
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 property interests for
construction of a new Fire Station No. 8, located at 4909 Kostoryz Road and 3115
McArdle Road, including acceptance and recording of legal documents. 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 subject to the availability of funds appropriated for such
purposes.
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 at the
appraised amount, all without requiring additionai City Council consideration or
ap;:�oval.
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.
Introduced and voted on the 3Th day ofCStrq% , 2023.
PASSED and APPROVED on the \ d -'day of 457S M
Paulette Guaja
, 2023.
ATTEST:
Rebecca Huerta, Ci y Secretary
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Exhibit A - Project Location Map