HomeMy WebLinkAbout06359 ORD - 12/13/1961IMS:JKH :12 -13 -61
AN ORDINANCE
AUTHORIZING THE REFUND OF $3,532.20, HERETOFORE
DEPOSITED IN ESCROW BY THE GULFGATE SHOPPING
CENTER, INC., FOR INSTALLATION OF STORM SEWERS
AND SIDEWALKS ON MC ARDLE ROAD; AND DECLARING
AN EMERGENCY.
WHEREAS, THE SUM OF $3,532.20 WAS DEPOSITED WITH THE CITY IN
ESCROW BY GULFGATE SHOPPING CENTER, INC., TO COVER THE EXPENSE OF
INSTALLATION OF STORM SEWERS AND SIDEWALKS ON MCARDLE ROAD, AND
ACCEPTED BY THE CITY UNDER AUTHORITY OF ORDINANCE NO. 4893 PASSED
THE 6TH DAY OF NOVEMBER, 1957; AND
WHEREAS, REQUEST HAS BEEN MADE FOR THE REFUND OF SAID FUNDS
SO PLACED IN ESCROW BY REASON OF THE FACT THAT ALTHOUGH MORE THAN FOUR
YEARS HAS ELAPSED SINCE SUCH FUNDS WERE PLACED IN ESCROW, THE CONTEM-
PLATED IMPROVEMENTS HAVE NOT BEEN INSTALLED UP TO THE PRESENT TIME AND
WILL PROBABLY NOT BE INSTALLED FOR SOME TIME IN THE FUTURE; AND
WHEREAS, THE PLEDGE IS MADE TO THE CITY OF PAYMENT OF STREET
IMPROVEMENTS ALONG MCARDLE ROAD ON ASSESSMENT BASIS AND INSTALLATION
OF SAID IMPROVEMENTS WILL PROBABLY NOT BE MADE PRIOR TO SUCH PERMANENT
IMPROVEMENT OF SUCH STREET ON ASSESSMENT BASIS, THE COUNCIL IS OF THE
OPINION THAT A REFUND OF SUCH ESCROW FUND SHOULD IN FAIRNESS BE RE-
TURNED TO THE DEPOSITOR:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THE SUM OF $3,532.20, HERETOFORE DEPOSITED IN
ESCROW UNDER AUTHORITY OF ORDINANCE NO. 4893, IS HEREBY AUTHORIZED
TO BE RETURNED TO THE DEPOSITOR, GULFGATE SHOPPING CENTER, INC., AND
THE DIRECTOR OF FINANCE IS HEREBY DIRECTED TO ISSUE PROPER VOUCHER FOR
SAID PURPOSE.
SECTION 2. THE NECESSITY FOR IMMEDIATE TERMINATION OF THE
ESCROW ACCOUNT BY REFUNDING THE DEPOSIT INVOLVED THEREIN CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQURING THE SUS-
PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
63JS
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 TI£ MAYOR, HAVING DECLARED THAT SUCH PUBLICEMERGENCY AND
IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER
RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE
DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT
FROM AND AFTER ITS PASSAGEY IT IS ACCORDINGLY PASSED AND APPROVED,
THIS THE /6 (J DAY OFDECEMBER, 1961.
me" �
,
THE Clff
CI SECR TA OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
DAY OF DECEMBER, 1961:
CITYT�ATTOR lEY
CORPUS CHRIST TEXAS
A( DAY OF g E9_�/
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-07 THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED,
OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
-
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
BEN F. MCDONALD i JR -+"may
TOM R. SWANTNER
DR. JAMES L. BARNARD V
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWAiVOTE:
BEN F. MCDONALD
Tom R. SWANTNER
DR. JAMES L. BARNARD
JDSE R. DELEON
M. P. MALDONADO
W. J. R03ERTS
JAMES H. YOUNG