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HomeMy WebLinkAbout05866 ORD - 08/17/1960BWS:BB:8 -11 -60 AN ORDINANCE APPROQRIATING THE SUM OF $3435.16 OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230 TULE LAKE LIFT BRIDGE PROJECT, TO PAY THE AMOUNT DUE BY THE CITY TO ROBERT E. BRENNAN ET UX, FOR A 2.471 ACRE TRACT OF LAND ACCORDING TO THE JUDG- MENT BY THE COUNTY COURT OF NUECES COUNTY, TEXAS.- AND TO PAY FOR THE COURT COSTS; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL DID HERETOFORE PREVIOUSLY AUTHO- RIZE THE ACQUISITION OF A 2.471 ACRE TRACT OF LAND OUT OF A LARGER TRACT OF LAND BELONGING TO ROBERT E. BRENNAN ET UX, FOR CERTAIN ROAD RIGHT -OF -WAY IN CONNECTION WITH THE BRIDGE REMOVAL AND RELOCATION PROJECT; AND WHEREAS, THE CITY ATTORNEY DID INSTITUTE CONDEMNATION PRO- CEEDINGS TO ACQUIRE THE AFORESAID PROPERTY AND A HEARING DULY HELD BEFORE SPECIAL COMMISSIONERS APPOINTED BY THE COUNTY JUDGE, WHICH SPECIAL COMMISSIONERS AWARDED THE AFOREMENTIONED PROPERTY OWNERS THE TOTAL AMOUNT OF $36,724.00, WHICH AMOUNT HAS PREVIOUSLY BEEN DEPOSITED IN THE REGISTRY OF THE COURT; AND WHEREAS, AN APPEAL WAS TAKEN FROM THE AWARD OF THE COMMISSIONERS AND A JURY TRIAL WAS HELD IN THE COUNTY COURT OF NUECES COUNTY, TEXAS. AND THE VERDICT OF THE JURY WAS THE TOTAL SUM OF $40,081.16 AND JUDGMENT IN THAT AMOUNT ENTERED AGAINST THE CITY; AND WHEREAS, THE JUDGMENT ENTERED IN THE COUNTY COURT HAS NOW BE- COME FINAL, IT IS NECESSARY FOR THE CITY TO PAY THE TOTAL SUM OF $3357.16 TO ROBERT E. BRENNAN AND WIFE, MARION BRENNAN, THE DIFFERENCE BETWEEN THE AMOUNT PREVIOUSLY DEPOSITED AND THE ANOUI4T OF THE JUDGMENT OF THE COUNTY COURT, ALL AS ACCORDING TO SAID JUDGMENT; AND WHEREAS, IN THE PROCESS OF TRYING THE AFORESAID LAWSUIT THE CITY ATTORNEY, OF NECESSITY, INCURRED THE COSTS OF ACQUIRING A COPY OF THE TRANSCRIPT OF THE HEARING BEFORE THE SPECIAL COMMISSIONERS, WHICH AMOUNT INCURRED IS $78.00 AND IT IS NECESSARY TO APPROPRIATE SUFFICIENT MONEY TO PAY THIS EXPENSE: • • r ti NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ,CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE SUM OF $3435.16 IS HEREBY APPROPRIATED OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND N0. 230 TULE LAKE LIFT BRIDGE PROJECT, OF WHICH THE SUM OF $3357.16 IS TO 'BE PAID 70,ROBERT E. BRENNAN AND WIFE,-MARION BRENNAN, ACCORDING TO THE JUDGMENT ENTERED BY THE COUNTY COURT OF NUECES COUNTY, TEXAS, IN THE CONDEMNATION CASE BROUGHT BY THE CITY AGAINST SAID PROPERTY OWNERS FOR THE ACQUISITION OF A 2.471 ACRE TRACT OF LAND OUT OF'A LARGER TRACT BELONGING TO SAID OWNERS AND THE SUM OF $78.00 IS TO PAY THE COSTS OF THE TRANSCRIPT OF THE HEARING BEFORE THE SPECIAL COMMISSIONERS. SECTION 2. THE IMMEDIATE NECESSITY OF SATISFYING THE AFORE- MENTIONED JUDGMENT AND PAYING THE COSTS INCURRED IN TRYING THE LAWSUIT 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, 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 1S ACCORDINGLY PASSED AND APPROVED, THIS THE_ZZDAY of 1960. ATTE MAYOR THE C I TY 0 RPUS CHR 5 I,' TEXAS _ 1 CITY SECR �. APPROVED AS TO LEGAL FORM THIS THE % J DAY OF , 1960: CITY AT ORN Y ' • AH- 10 -20 -59 AUGUST 10, 1960 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 N0. BRIDGE REMOVAL AND RELOCATION BOND FUND N0. 230, THE SUM OF 53435.16, PROJECT NO. 230 -55 -9,11 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DIRECTOR OF FINANCE!/ N CORPUS CHRISTI, TEXAS ,J / / DAY OF 19 � o' 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 F-OR 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; 1, 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 THE CITY 0 C RPUS CHRI s TEXAS THE CHARTER RULE WAS SUSPENDED BY THE/FOLLOWING VOTE: ELLROY KING / .JAMES L. BARNARD MRS. RAY AIRHEART / .JOSEPH B. DUNN PATRICK J. DUNNE n R. A. HUMBLE / / GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEAR JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.