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HomeMy WebLinkAbout05747 ORD - 04/27/1960BWS:JKH:4 -27 -60 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOFT ANBEHALF OF THE CITY OF CORPUS CHRISTI, A SETTLEMENT AGREEMENT WITH JESS EDWARDS, INC., WHEREBY JESS EDWARDS, INC., AGREES TO PROVIDE THE CITY WITH AN ASSIGNMENT OF THAT PORTION OF THEIR LEASEHOLD ESTATE WHICH HAS BEEN ACQUIRED BY THE CITY FOR USE IN THE TULE LAKE LIFT BRIDGE AND RAILROAD REMOVAL AND RELOCATION PROJECT ALONG WITH A COMPLETE RELEASE FROM ANY FURTHER LIABILITY OF THE CITY; APPROPRIATING THE SUM OF $5500.0 0 AS CONSIDERATION FOR SAID ASSIGNMENT AND RELEASE; AND DECLARING AN EMERGENCY. WHEREAS, JESS EDWARDS, INC., A TEXAS CORPORATION, WITH PRINCIPAL OFFICES IN NUECES COUNTY, TEXAS, IS THE HOLDER OF AN UNRECORDED LEASE ON A PORTION OF THE PROPERTY OWNED BY BERTHA WEIL, ET AL, WHICH LANDS ARE BEING ACQUIRED BY THE CITY IN CONNECTION WITH AND AS PART OF THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT; AND WHEREAS, AS PART OF THE AFOREMENTIONED PROJECT, AND IN PARTI- CULAR THE ADJUSTMENT AND RELOCATION OF THE RAIL YARD ON THE AFORESAID WEIL PROPERTIES, HAS NECESSITATED THE ACQUISITION BY THE CITY OF A PORTION OF THE JESS EDWARDS, INC., LEASEHOLD ESTATE; AND WHEREAS, IN THE ACQUISITION OF THE JESS EDWARDS, INC., LEASEHOLD ESTATE AND THE RELOCATION OF SAID LEASEHOLD ESTATE ON THE AFOREMENTIONED WEIL PROPERTIES, JESS EDWARDS, INC., OF NECESSITY AND AT THE REQUEST OF THE CITY, EXPENDED ITS OWN FUNDS IN RELOCATING ITS LEASEHOLD ESTATE AND OTHERWISE INCURRED DAMAGE; AND WHEREAS, THE CITY IS NOW DESIROUS OF ENTERING INTO AN AGREEMENT WITH JESS EDWARDS, INC., WHEREBY JESS EDWARDS, INC., AGREES TO ACCEPT THE SUM OF $5500.00 AS TOTAL COMPENSATION FOR THE LOSS OF A PORTION OF ITS LEASEHOLD ESTATE ON THE AFOREMENTIONED WEIL PROPERTIES AND FOR ALL DAMAGES SUFFERED OR INCURRED BY REASON OF THE AFOREMENTIONED PROJECT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, 517 U • • AN AGREEMENT WITH JESS EDWARDS, INC., A CORPORATION LOCATED IN NUECES COUNTY, TEXAS, WHEREBY JESS EDWARDS, INC., QUITCLAIMS OR ASSIGNS ALL OF ITS RIGHT, TITLE AND INTEREST IN AND TO THAT PORTION OF ITS LEASEHOLD ESTATE ON THE WEIL PROPERTIES WHICH OF NECESSITY HAD TO BE ABANDONED BY REASON OF THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT AND IN PARTICULAR THE LOCA- TION OF THE JOINT RAIL YARD ON THE WEIL PROPERTIES AND WHEREBY JESS EDWARDS, INC., AGREES TO ACCEPT THE SUM OF ,5500.00 AS TOTAL CONSIDERATION FOR SUCH ASSIGNMENT AND/OR QUITCLAIM AND FOR ALL DAMAGES GROWING OUT OF OR IN ANY WAY CONNECTED WITH THE AFOREMENTIONED PROJECT. SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $5500.00 OUT OF N0. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND FOR THE CONSIDERA- TION OF THE AFOREMENTIONED AGREEMENT WITH JESS EDWARDS, INC., BEING PROJECT No. 230 -55 -9.27• SECTION 3. THE NECESSITY TO ACQUIRE THAT PORTION OF THE JESS EDWARDS, INC., LEASEHOLD ESTATE WHICH IS NEEDED FOR THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT AND TO SETTLE ALL DAMAGES TO JESS EDWARDS, INC., GROWING OUT OF SAID PROJECT SO THAT SAID PROJECT MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE- QUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE PD AY i OF , 1960. ATTE�,T� i__ L�6� �� �. MAYO CITY SECRETAR THE CITY 016RPUS CHRIS 1, TEXAS APPROVED AS TO LEGAL FORM THIS DAY OF 1g6o: CITY ATTORNEY iJAW.AHC10-20-59 4 -z7 -6o I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENT, OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF No- 730, R,RIDGE REMOVAL AND RELOCATION BOND FUND, j2pn iv— hin 240-55-9,27, t5500. FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRECTOR OF FINANCE s • CORPUS CHRISTII,, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYO THE CITY OF CO PUS CHRIS I, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN N PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. ✓V_ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING /___ %.1.q n JAMES L. BARNARD MRS. RAY AIRHEARI JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.