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HomeMy WebLinkAbout05780 ORD - 06/01/1960BWS:BB:5 -31 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON LF- ,THE CITY OF CORPUS CHRISTI. TO ENTER INTO AN AGREEMENT WITH PARNOT V. DONIGAN WHEREBY THE CITY IS GIVEN PERMISSION TO BEG­Fff__Wl1STRUCTION OF THE RE- ROUTING OF CORN PRODUCTS ROD AS PART D THE _BASCULE BRIDGE REMOVAL AND RELOCATION-MFOJECr. A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART,HEREOF; APPROPRIATING THE SUM OF $10.733.00 DUT OF BRIDGE REMOVAL"AND RELOCATION BOND FUND NO. 230, THE SUM OF $8483.00 TO BE PAID AS CONSIDERATION TO PARNOT V. DONIGAN FOR ACQUISITION OF PROPERTY, AND THE SUM OF $2250.00 BEING FOR REMOVAL OF BUILD- INGS-FROM SAID PROPERTY; AND DECLARING N EMERGE 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 FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO AN AGREEMENT WITH PARNOT V. DONIGAN WHEREBY THE CITY IS GIVEN PERMISSION TO TAKE POSSESSION OF A CERTAIN PORTION OF A TRACT OF LAND BELONGING TO THE SAID PARNOT V. DONIGAN, FOR THE PURPOSE OF BEGINNING CONSTRUCTION OF RELOCATING CORN PRODUCTS ROAD AND FOR THE PURPOSE OF MOVING THE IMPROVEMENTS LOCATED ON THE SAID LAND, ALL ACCORDING TO THE AGREEMENT WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM HEREIN, SECTION 2. THE SUM OF $10.733.00 IS HEREBY APPROPRIATED OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230, THE SUM OF $8483.00 TO BE PAID AS CONSIDERATION TO PARNOT V. DONIGAN FOR ACQUISITION OF PROPERTY, AND THE SUM OF $2250.00 BEING FOR REMOVAL OF BUILDINGS FROM SAID PROPERTY. THE CITY MANAGER IS INSTRUCTED TO AUTHORIZE AND TO PAY OVER THE SUM OF $8483.00 TO PARNOT V. DONIGAN WITHOUT PREJUDICE. ACCORD- ING TO THE TERMS AND CONDITIONS AND INTENT OF THE AFORESAID ATTACHED AGREEMENT, WHICH SUM SHALL BE APPLIED TO THE FINAL AMOUNT DETERMINED TO BE DUE AND OWING TO PARNOT V. DONIGAN FOR THE ACQUISITION OF THE LAND AND FOR DAMAGES, IF ANY. SAID FINAL AND TOTAL CONSIDERATION TO BE DETERMINED EITHER BY NEGOTIATION OR CONDEMNATION. SECTION 3. THE IMMEDIATE NECESSITY OF GAINING POSSESSION OF THE LAND TO BE ACQUIRED FROM THE PARNOT V. DONIGAN TRACT SO THAT CON- c _ 5 780 STRUCTION MAY BE BEGUN AND COMPLETED ON THE RELOCATION OF CORN PRODUCTS ROAD AS A PART OF THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING 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, HAYING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTE TS PASSAGE, IT IS ACCORD -' INGLY PASSED AND APPROVED, THIS /DAY O V 1960. ATTEST: / \ MAYO - CITY 9ECRETA RY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS DAY OF , 1960; L , CITY AT RNEY TILE STATE OF TEXAS j COMITY OF NKCES THIS AGRttNEMT MADE Am CHTtRCD INTO OT AND SCTVEEM Tog CITY Of CORPS CHRISTI, ACTING 119961" SY AMC THROUGH ITS CITY MAMAGCR, WITH AUTHORITY DULY CONftRRED DY THE CITY COUMCIL, HCRCINAfitR OOMCTIIK& Rtreamv TO A& CITY AND PARODY V. DOMIGAM, HCIItIMAfTCR SON[TIR s RCPCRRCD TO AS 000. w 1 TMF,ASSF TN_ THAT TUC CITY N CORPUS CHRISTI IS CMGAQCO IN A PROJECT RINIYM AS THt BASCULE 8*11116t REMOVAL AND RELOCATION PROJECT AND AS A PART Of SA10 PROJt6Ts IT IS MEtt&&ARY ►OM YHE CITY, IN COO►CRATIM WITH OTHER LOEAL OOVCRMKCNTAL AGCNCICS, TO RELOCATt CERTAIN RAIL LINES AND MAIL YAMOS VITNIM TNC CITY Of CORP" CHRISTI ANO NUCC[& COUNTY; AND THAT AS A PART Of TMt PROJECT Of RELOCATING YNC RAILROADS AND RAILYARMS, IT 09CAME NECESSARY VON TMC CITY TO CONSTRUCT A RAHLYAMD I010111D1ATtLY MONTH Of STATE Ii1GMVAY No. 44 uT1KCN LtXIMGTON ftVLEVARO AM TNt 9X1STIKG COOK PRODUCTS ROTA ON PROPCOTY OVMLO MY NtRTNA WCIL, CT A4,1 AND THAT IM TMt LOCATION Of SAID RAHLYARD, IT OECANt MCCE&SARY r0M THE CITY TO CLOSC THE CXISTIMO Comm PR000CTS ROAD AT TMC POINT WKCRt SAID ROAD IMTtRSECTZ V /TM STATt HIOHVAY No. 441 AND THAT AS A RESULT Of TH[ CLOS1116 Of TKC CXISTIMG Cook PRODUCTS ROAD AT THt APOR90A10 POINTS IT IS NCCt&SARY PM THC CITY TO AaMillit A PORTION Of A TRACT Of LAND SELOMI NG TO PAINIOT V. DOM I "N, WHICH TRACT W LAND L199 VtST Of TNC tXISTINO CORN PRODUCT& ROAOT SO THAT CORM PRODUCT& ROAD MAY S[ RE- ROUTED AROUND TNt LIMITS or THE AFORESAID JOINT MAILYARD AND PROVIOC ACCCSS TO NIONWAY 01 AMO THAT IN OROtM TO 99TKRNI09 VMS VALUE Of TNC PROPSRTY MECC&SARY TO St ACQUIRED SY THt CITY FROM SAID LVKR, AN APPRAISAL HAS &L ;K MARL OY 6iREOORY S. MOORt, KCAL ESTATE A►PRAISCR, WHICH APPRAISAL DCTERNIMES THAT TNC VALUC Of TNC PART TO SE ACOUIRCO FROM TMC LAND Of THE AFORESAID OWWR HAS A MARKET YALUt or EIGHT THOUSAND FDSR Iiumno EISMTY -THREE (i8.h3.©D) DOLLARS; AM THAT CONSTRUCTION IS ►RSSCNTLY MOM NAY ON TMC JOINT YARD A11D ON TUC REL04ATION OF CORN PROD110TS ROAD. ON TUC TRACTS ADJACCNT TO THE TRACT eCLOMSIN& TO PARNOT V. 000I41AN AND 10 011010 TO ALLOW CONSTRUCTION TO DC 144110 OH THE LANG TO it ACQ111RR0 eV CITY FROM SAID OVW IMMCOIATKLY A00 60 AS NOT TO DCLAY CONSTRUOTION PCNOINC 01800TIATIONS NETWCCII TUC CITY AND OWNER. TNC PANTItS ARE MUTUALLY &CSIOONS OF COMING INTO TNC FOLLOWIOS A41199I1CNTt NOW TNERIFORE, KNDV ALL HER W THESE PRESENTS; THAT TUC ►ARTICS NENCTO 00 MERC11V MUTUALLY AORCC AS FOLLOWS. TO -MIT: 1. TUC OWNER NtRUV A410498 TWAT TNC CITY MAY ITSCLF AND OT AND THROWN ITS ASIMTS. SCRVANTS, CNPI.OV44S AND CMNTRACTOSS. 044111 G"STOWCT1OM ON TNC LANs TO NC A"WIN90 BY TOOL CITY FROM &Age OWNER AS CROWN ON TUC MAP DO PLAT CONTAINS& IN TOIL APPRAISAL OATS* MAY 15. 1060, SY 89ECO4Y S. IN"& INCWOINS TUC CASSM4MT IN TUC FORM OF A SWRVC ON WNICN A PORTION OF TMC ROADWAY IS TO DC LOCATE& TRM►ONARILY. 2. TOIL OW16% ASNCES TRAT TNC CITY NAV SNTSM ON TO VAN PONTIOMS OF TN& TRACT OF LAND MONISM TO OWNER. 11EASONASLE ADO 444C4SAIT FOR THE PWRPOSC OP OSTAININN C&TIMAT&& AUe MANIN& PLANS ►011 TMC 49WVAL AND RCL&CATION OF THE /MPROVU UTS NCCESSARV TO at OC- MOVEe AS RCS11LT OF TNC PROJECT. 31 TUC CITY A62699 TO PAY OVCO TO SAID OWNER TNC AMOUNT OF TN4 AFORCUIS APPRAISAL. /gift TMC SUM OF EIOMT TDN/OAND Few #VOWED E MNTV -TN44E ({"83.00) O&LLANS UPON CNCC11TION OF TNI& A44CC- MCNT. IT IS MUTUALLY A{eCCO BY Ale NCTWL9* VMS PALTICS. M&WEVRR. ,NAT 'Nit PAT118NT OF SAID SUM OF 11004V It NITMOUT P119NOIC9 TO CITW O PANTY AN* IS TO 4E AP►IICe TO TUC FINAL AMOYMT OCTCOMINCD w COIN DEIIATISU OR A4119Ce WON 49TVECM TUC PARTICS A& TNC TOTAL COMPpSATION DC UMIO90 OR FOUND TO 44 DUC SAID OWNIA. IN TUC 4YCNT. 41,11111 eY COORDINATION 011 MCNOTIATION. IT IS 6ET9001INED TWAT A LCONCR AMOUNT IS OUE. TNC OVNEA ASSCES TO OCFUMD TO TMC CITY TOR e1FFERRIICC AND IM T04 MAT THAT IT IS O47911011490 TUAT OWNLN IS mmiTLCO TO A Oe4ATCR AMOUNT. By COIIDNMATION ON N4NOTIATION. TNCN THE CITY ADR94S TO PAY TOIL DIFFCUCHCC. ._. !. Tog CITY anus THAT IT WILL. AT I" poll Cott. =VC SWON IUP*WCNUYS THAT MAY RRASOMAtLY 69 OCTSRM /NCO 094CSSARY To it ACMOVCO AT A LOCATION OR LOSAT1011s TO aR MWTWALLY "11990 WON ORTWERN TNR PAN- ""- IT 14 THE INTpIT OF 709 PAOTICS. WWLVtR. THAT Tilt IMPROVENENTS WILL 89 LOCAT90 ON TNt VCST $109 OF THE 11110 ROADWAY AND ARBANSCD So TNAT Tilt INPROV94tNTS WILL COXSTITVTE A 34017AOLE ARRANOtMCNT FJR FA&M- Its PWRPOSCS. S. IT IS SPACIPICALLV U110911ST000 AND A609910 OV AAp &STWtCN TNC PARTIES THAT THIS PtRMISSION FROM TUC 0114U TO TNC GIP! TO ALLOW TYC CITY TO 096101 CONSTRUCTION ON THE LAND AND TO MOVE TNC IMPROVCWATS SMALL NOT CON►TiTUTE A WAIVER NOB SMALL ACQUISITION C►TOPP 17WNU FROM ANY RIONT TO COMPENSATION THAT MAY tR OCttRMINES TO OR DUE AND OWINs TO SAID OWNER. FOR TNt PORTION 09146 ACQUIRED OR I" DAMANCS, IF ANY. S#TMtR BY USOOT1ATION OB CONDEMNATION• 6. TMC MAP SR PLAT CONTAINED IN TNC AVOR46AID APPRAISAL OF 90900" S. ADORE It AGRt&O, NY AND OETWECN TUC PARTICS. TO OE INC LANG ON WN;CM TNC CONSTRUCTION IS TO BE AC6►NPLISNCD AND WHICH TNC CITY INTENSS TO ACQUIRE CITMLR tY NE60TIATION OR CONDEMNATION. TtE ARRA 10&MTtFIC0 Ot SAif YAP OR PLAT AS AREAS •A8• •tom A" .&. IS Tt iC TNC LAND ACQUIRED BY TMt CITY folk THE PEBNANCMT R►AOWAY AND TUC AREA 0E91611ATU AS • N IS AN CASLMLMT ARLA WHICH 011MA Ass us TS PROVIDt TO THC COT. AT NO COST TO THE CITY. IN TNC FORM sr A OURYt W TRAY TUC ROADWAY MAY Ot CON47AUtTRD OV&N SAID tASCMSXT ANO ALLOWED TO RIMAIN 'MERE UNTIL SUCH FVTURC TIN& THAT TNC 1XISTINO OIL WELL, WNICIN IS L04ATUD IN AREA SCE, 15 PLU049O AND AOANDONCO. WITNESS OUR HANDS ON THIS-DAY Or .A.D.. IM# ATT[5TI c I TY Of CW05 taxi 13T I BY CITY HANASCO 1TY �ECIICTARY API"kOW0 AS TO LEGAL FORM 1/ 15 0AY faV_. 14541 ITV ATTOIIM&Y F'ARNOT V. OONISAR. OWNER 01118910% Or FINANCE ,v. .f ' f Jnw:AH:10-20 -59 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF NO. 21BRIDGE REMOVAL AND RELOCATIbN BOND FUND. 10.732.0 ($5.483,,00p FOR PARNOT DONIGAN PROP., AND $2250.00 FOR 0FMn -1 nF nuii OINGG FRnM PROPERTY BY N. B. CHILES). FUND FROM WHICH IT 15 PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRECTOR OF FINANCE CORPUS CHRISTI, TEXAS DAY 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, / MAYOR _CITY CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DONNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DONNE �, Q R. A. HUMBLE GABE LOZANO, SR.