HomeMy WebLinkAbout06383 ORD - 01/03/1962:MW 1 -3 -62
AN ORDINANCE
APPROPRIATING OUT OF NO. 202 WATER SYSTEM
BOND FUND THE SUM OF $31,000.00 ON THE PRINCIPAL
PLUS INTEREST AT 6% PER ANNUM FROM JULY 30,
1954, TO DATE WHICH REPRESENTS AN INTEREST
PAYMENT OF $13,819.91 OR A TOTAL PAYMENT OF
$44,819.91,•PAYABLE TO FARRELL D. SMITH AND
R. E. LAIRD, JOINTLY, AS JUST COMPENSATION
FOR THE ACQUISITION OF 8.74 ACRES OF LAND
NEAR CALALLEN, TEXAS, USED AS A SITE FOR THE.
CITY'S RAW WATER INTAKE -- STEVENS WATER PLANT,
PROJECT NO. 202- 53 -22; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, ON ONE HAND, AND
FARRELL D. SMITH AND R. E. LAIRD, ON THE OTHER HAND, ENTERED AN AGREEMENT
ON JULY 30, 1954, WHEREBY OWNERS AGREED AND CONSENTED TO THE CITY TAKING
POSSESSION OF 8.74 ACRES OF LAND LOCATED NEAR CALALLEN, TEXAS, AS OF THAT
DATE,FOR ITS USE AND TO CONSTRUCT IMPROVEMENTS THEREON KNOWN AS THE RAW
WATER INTAKE -- STEVENS WATER PLANT, AS THOUGH THE CITY HAD ACQUIRED FEE
SIMPLE TITLE THERETO WITH THE MUTUAL UNDERSTANDING THAT AT SUCH TIME AS
IT WAS DETERMINED, MARKET VALUE OF SUCH PROPERTY INCLUDING ALL DAMAGES,
IF ANY, WOULD RELATE TO SAID DATE OF JULY 30, 1954; AND
WHEREAS, AFTER NEGOTIATIONS BETWEEN SAID PARTIES HAVE FAILED
TO RESULT IN AN AGREEMENT AS TO JUST COMPENSATION, IT WAS DECIDED BY SAID
PARTIES TO SUBMIT THE MATTER OF JUST COMPENSATION TO ARBITRATION; AND
WHEREAS, AN ARBITRATION AGREEMENT WAS EXECUTED BY SAID PARTIES
ON DECEMBER 13, 1961, SUBMITTING THE MATTER OF JUST COMPENSATION TO THREE
ARBITRATORS THEREIN AGREED UPON BY SAID PARTIES; AND
WHEREAS, SAID ARBITRATORS HAVE FILED THEIR ARBITRATION AWARD
AS OF DECEMBER 3O, 1961, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, AWARDING TO SAID OWNERS COMPENSATION IN THE AMOUNT OF $31,000.00;
AND
WHEREAS, THE CITY IS OBLIGATED BY VIRTUE OF ITS AGREEMENTS WITH
SAID OWNERS TO PAY INTEREST UPON SAID JUST COMPENSATION AT 6w PER ANNUM
FROM JULY 30, 1954, UNTIL PAID:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
03313
SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF NO. 202
WATER SYSTEM BOND FUND THE SUM OF $131,000.00 ON THE PRINCIPAL PLUS
INTEREST AT 6% PER ANNUM FROM JULY 30, 1954, TO DATE, WHICH REPRESENTS
AN INTEREST PAYMENT OF $13,819.91, OR A TOTAL PAYMENT OF $44,819.91,
PAYABLE TO FARRELL D. SMITH AND R. E. LAIRD, JOINTLY, AS JUST COMPENSATION
FOR THE ACQUISITION OF 8.74 ACRES OF LAND NEAR CALALLEN, TEXAS, USED AS
A SITE FOR THE CITY'S RAW WATER INTAKE -- STEVENS WATER PLANT, PROJECT NO.
202- 53 -22.
SECTION 2. THE NECESSITY FOR PAYMENT OF THE CONSIDERATION FOR
ACQUISITION OF THE LAND AS HEREINBEFORE STATED TO IMMEDIATELY ELIMINATE
ACCRUAL OF INTEREST 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 .(q
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE rJ
DAY OF JANUARY, 1962.
J
MAYOR_ /
THE CITY OF CORPUS CHRISTI, T
ATTEST ::
CITY ECRETAR
APPROVED AS TO LEGAL FORM THIS
-3 DAY OF JANUARY, 1962:
��w "
CITY AFTOANEY
THE STATE OF TESAS j(
CODNTY OF NUECES J(
6
ARBITRATION AWARD
WHEREAS, certain matters between the City of Corpus Christi, Texas,
on the one hand, hereinafter called "City", and Farrell D. Smith and R. E.
Laird, on the other hand, hereinafter called "Landowners ", were by them sub-
mitted to Charles M. DeLomel, Gregory S. Moore and Harold A. Carr as arbitra-
tors, by their arbitration agreement in writing, executed by the said parties
respectively, each to the other and dated the 13th day of December, 1961,
all as more fully appears in the true copy of said arbitration agreement
which is attached hereto and made a part hereof as fully as if copied verbatim
at this point.
We, the said arbitrators, having met on numerous occasions to discuss
and deliberate upon the questions constituting the subject matter of this
arbitration, and having seen and inspected the land involved, have, as evi-
denced by our signatures affixed hereto, agreed upon the following:
1. Considered as severed land, we find that the 8.74 acres of land
presently used as a site for the City's raw water plant and as a road way
leading thereto, had on July 30, 1954, a fair market value of ,&//, -'r'O 0
2. We find that the remainder, before the taking, that is, the whole
tract of land (approximately 103 acres), exclusive of the strip (8.74 acres)
which was considered in Determination 1 above, immnediately before possession
was given to the City of the 8.74 acres had a fair market value of
3. Excluding increase in value, if any, and decrease in value, if
any, by reason of benefits or injuries received by said Landowners in common
with the community generally and not peculiar to them and connected with their
ownership, use, and enjoyment of the particular tract of land across which
the strip of land acquired (8.74 acre tract) runs, and taking into considera-
tion the uses to which the strip acquired is to be subjected, we find that
the remainder of said Landowners' land (approximately 94.26 acres) immediately
after possession of the 8.74 acre tract was given to the City, had a fair
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market value of 404/ Q• / *! 3 n
As a result of said determinations, we find that just compensation
to the Landowners jointly, if paid on July 30, 1954, would be g/, '00 a °-I
The above and foregoing three determinations constitute our award
pursuant to the power invested in us by virtue of the arbitration agreement
of December 13, 1954, a copy of which is attached hereto.
In making determination Number One, we considered the highest and beat
use of the 8.74 acres to be:
In determining that Landowners' remainder has been damaged as a result
of the severance of the 8.74 acres therefrom and the use to which it has been
put, if we have considered the same to be damaged, we were motivated by the
In determining that Landowners' remainder has been enhanced in value
as a result of the severance of the 8.74 acres therefrom and the use to which
- it has been put, if we have considered the same to be enhanced, we were moti-
vated by the following:' % /� e
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Signed as our arbitration award, as evidenced by the signatures
affixed hereto, this, the .30 day of .�e[�Brs�.bef , 196 %
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ARSITRATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF NULCES
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HEREINAFTER REFERRED
TO AS "CITY ", ON THE ONE HAND, AND FARRELL 0, SMITH AND R. E. LAIRD, HERE-
INAFTER REFERRED TO AS "OWNERS ", ON THE OTHER HAND, ENTERED AN AGREEMENT
ON JULY 30, 1y54, WHEREBY OWNERS AGREED AND CONSENTED TO THE CITY TAKING
POSSESSION OF THE HEREINAFTER DESCRIBED PROPERTY AS OF THAT DAY FOR ITS
USE AND TO CONSTRUCT IMPROVEMENTS THEREON AS THOUGH THE CITY HAD ACQUIRED
FEE SIMPLE TITLE THERETO WITH THE MUTUAL UNDERSTANDING THAT AT SUCH T114E
AS IT WAS DETERMINED, MARKET VALUE OF SUCH PROPERTY INLLUUING ALL DAMAGES,
IF ANY, WOULD RELATE TO SAID DATE OF JULY 30, 19J4; AND
WHEREAS, IT WAS AGRECD AND UNDERSTOOD BY THE PARTIES TO SUCH
CONTRACT AFORESAID THAT THE DETERMINATION OF JUST COMPENSATION TO SUCH
OWNERS WOULD BE DEFERRED UNTIL SOME LATER DATE: AND
WHEREAS, SAID PARTIES HAVE NEGOTIATED UPON SEVERAL OCCASIONS IN
AN EFFORT TO REACH A MUTUAL AGREEMENT AND UNDERSTANDING CONCERNING THE
FAIR MARKET VALUE TO WHICH SAID OWNERS WOULD BE ENTITLED AS A RESULT OF
THEIR RELINQUISHMENT OF TITLE AND POSSESSION OF SAID PROPERTY, AND ALL
SUCH EFFORTS TO ARRIVE AT AN AGREEMENT HAVE MET WITH NO SUCCESS; AND
WHEREAS, BOTH PARTIES FEEL THAT NO AGREEMENT CAN BE REACHED CON-
CERNING JUST COMPENSATION DUE TO OWNERS AND FEEL THAT IT IS DESIRABLE AND
FOR THE BENEFIT OF BOTH PARTIES AND THAT IT WILL BE EXPEDIENT, ECONOMICAL
AND SATISFACTORY TO SUBMIT SAID CLAIM FOR COMPENSATION WITHIN THE MEANING
OF ARTICLE 1, SECTION 17 OF THE CONSTITUTION OF THE STATE OF TEXAS TO THREE
ARBITRATORS TO BE DETERMINED BY THEM, ACTING UNANIMOUSLY OR BY A MAJORITY
VOTE AND TO HAVE THEIR DETERMINATION AND AWARD TO BE BINDING AND FINAL
BETWEEN THE PARTIES HERETO:
NOW, THEREFORE, KNOW ALL W -N BY THESE PRESENTS: THAT THE PARTIES
HEREBY AGREE THAT THE QUESTION OF JUST COMPENSATION DUE TO THE OWNERS AS
A RESULT OF SUCH RELINQUISHMCNT OF POSSESSION AND TITLE TO THE FOLLOWING
DESCRIBED PROPERTY, TO -WIT:
TRA CT I.
BEGINNING AT A POINT ON THE PUBLIC ROAD RUNNING WEST OF
THE TOWNSITE OF CALALLEN TO U. S. HIGHWAY 77 AT A POINT
WHERE THE EAST LINE OF THE C.P. & L. 135 K. V. TRANS-
MISSION LINE INTERSECTS SAID WESTERN BOUNDARY OF SAID -
ROADWAY FOR A PLACE OF BEGINNING;
THENCE ALONG THE NORTHEAST BOUNDARY OF THE SAID C. P. &
L. TRANSMISSION LINE RIGHT OF WAY TO A POINT 500' FROM
THE RIGHT DANK OF THE NUECES RIVER FOR A CORNER;
THENCE AT RIGHT ANGLES IN A NORTHEASTERLY DIRECTION 501
FOR A CORNER;
THENCE IN A SOUTHEASTERLY DIRECTION PARALLEL TO THE NORTH-
EASTERN BOUNDARY OF SAID C. P. & L. TRANSMISSION LINE
RIGHT OF WAY AND 501 TNEREFROM TO THE SAID PUBLIC ROAD
FOR A CORNER;
THENCE ALONG THE WESTERN BOUNDARY LINE OF SAID PUBLIC
ROAD TO THE PLACE OF BEGINNING, CONTAINING APPROXIMATELY
1.64 ACRES.
TRACT Z.
BEGINNING AT A POINT ON THE NORTHEASTERN BOUNDARY LINE OF
THE SAID C. P. & L. TRANSMI3310N LINE RIGHT OF WAY 5001
FROM THE RIGHT HAND DANK OF THE NUECE3 RIVER, SAME BEING A
CORNER OF TRACT 1 ABOVE OESCRIBED, FOR THE PLACE OF DE-
GINNING;
THENCE IN A NORTHEASTERLY DIRECTION AT RIGHT ANGLES TO THE
SAID NORTHEASTERN BOUNDARY LINE OF THE C. P. & L. TRANS-
MISSION LINE RIGHT OF WAY 501 FOR A CORNER, BEING ALSO THE
NORTHERN CORNER OF SAID TRACT 1 ABOVE DESCRIBED;
THENCE AT RIGHT ANGLES IN A NORTHWESTERLY DIRECTION 5001
NONE OR LESS TO THE RIGHT DANK OF THE NUECES RIPER (NEINB
AN EXTENSION OF THE NORTHEAST BOWIDARY LINE OF TRACT I
ABOVE DESCRIBED EXTEIm ED IN A NORTHWESTERLY DIRECTION
TO THE SAID BANK OF THE SAID NUECES RIVER) FOR A CORNER;
THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE MEANDERS
OF THE SAID NNECE3 RIVER ALONG THE RIGHT BANK THEREOF
TO A POINT 835' FRON SAID NORTHERN CORNER OF THIS TRACT
LOCATED IN THE NEXT PREVIOUS CALL FOR A CORNER;
TWAE PARALLEL TO THE NORTHEAST BOUNDARY DF THIS TRACT,
5W' MORE OR LESS ABOVE CALLED, 2WI FOR A POINT TO A
CORNER OF THIS TRACT; a
THENCE IN A NORTHEASTERLY DIRECTION TO THE PLACE OF
BEGINNING, CONTAINING APPROXIMATELY 6.7 ACRES,
SMALL BE DETERMINED BY THREE ARBITRATORS, ACTING TOGETHER UNANIIYONSLY OR
BY A MAJORITY VOTE, AND SAID ARBITRATORS TO BE CHARLES N. DELONEL, GREGORY
S. FIORE AND HAROLD A. CARR, EACH A COMPETENT REAL ESTATE APPRAISER PRACTIC-
LNG IN NUECES COUNTY, TEXAS, AND THEY ARE HEREBY APPOINTED AS "CU. IT 10
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AGREED AND UNDERSTOOD THAT THE JUST COMPENSATION TO BE DETERMINED SY
SAID ARBITRATORS WILL BE DETER14INCO UPON THE SAME BASIS AS IF THEY WERE
TESTIFYING IN COURT IN A CONDEMNATION CASE INVOLVING A PARTIAL TAKING,
THAT IS, TREY WILL FOLLOW THE SPECIAL ISSUES RECOMMENDED IN THE CASE
OF STATE VS. CARPENTER, bg S.W. 2D 194, OPINION UPON NOTION FOR REHEAR-
ING, b9 S.W. 2D 979. FURTHER IT 19 AGREED TNAT THE STANDARD TO BE APPLIED
WILL BE MARKET VALUE AS THAT TERM 19 DEFINED IN THE CARPENTER CASE IN THE
OPINION ON MOTION FOR REHEARING AND VALUE AND DAMAGES, IF ANY, WILL BE
DETERMINED AS OF JULY 30, 1954. FURTHER, IT 13 AGREED AND UNDERSTOOD
THAT SAID ARBITRATORS WILL BE INSTRUCTED TO FILE A WRITTEN AWARD REFLECTING
THEIR DETERMINATION OF THE ANSWERS OF CARPENTER ISSUES, STATING BRIEFLY
WITHOUT DETAIL THE BASIS OF THEIR CONCLUSIONS, THAT SUCH AWARD WILL NOT
REFLECT INTEREST AS SUCH PARTIES HAVE ALREACV AGREED THAT INTEREST WILL BE
APPLIED TO SAID AWARD AT THE LEGAL RATE OF SIX PER CENT (6%) PER ANNUM
SIMPLE INTEREST FROM JULY 30, 19541 UNTIL PAID,
FURTHER, IT IS AGREED ANO UNDERSTOOD THAT THE ARBITRATORS WILL
BE INSTRUCTED BY THE PARTIES HERETO TO DISCUSS THE MATTER OF MARKET
VALUE AMONG THEMSELVES, NOT REVEALING TO ANY OF THE PARTIES HEREIN, THEIR
AGENTS, SERVANTS OR REPRESENTATIVES, THE SUBJECT MATTER OF THEIR DISCUSS{ONS
OR DELIBERATIONS UNTIL AFTER THEIR WRITTEN AWARD IS FILED. IT IS NOT THE
INTENTION OF THE PARTIES HERETO TO PROMIONIT THE ARBITRATORS FROM SEEKING
INFORMATION OF ANY KIND FROM THE PARTIES HERETO NOR TO PREVENT THE PAR-
TIES FROM CONSULTING WIT* SAID ARBITRATORS AND FURNISHING THEN INFORMA-
TION OR MATERIALS WHICH TREY BELIEVE NIGNT BE OF ASSISTANCE IN DETERMINING
JUST COMPENSATION. IT IS THE SOLE PURPOSE OF THIS PROVISION TO PRONIBIT
ANY ONE OR MORE OF SAID ARBITRATORS FROM CONFERRING WITH ANYONE OR MORE
OF THE PARTIES HERETO, THEIR AGENTS, SERVANTS ON REPRESENTATIVES, IN
SUCH A WAY AS TO INDICATE DIRECTLY OR INDIRECTLY THEIR TREND OF THINKING
WITH RESPECT TO MARKET VALUE PRIOR TO THE TIME THE WRITTEN AWARD 13 FILED
HEREIN.
IT IS AGREED AMD UNDERSTOOD THAT THE WRITTEN AWARD FILED SY
SAID ARBITRATORS $NALL SE FINAL AND CONCLUSIVE OF THE QUESTION OF JUST
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AGREED AND UNDERSTOOD THAT THE JUST COMPENSATION TO BE DETERMINED BY
SAID ARBITRATORS WILL DE DETERMINED UPON THE SAME BASIS AS IF THEY WERE
TESTIFYING IN COURT IN A CONDEMNATION CASE INVOLVING A PARTIAL TAKING,
THAT 13, THEY WILL FOLLOW THE SPECIAL ISSUES RECOMMENDED IN THE CASE
OF STATE VS. CARPENTER, 69 S.W. 20 194, OPINION UPON NOTION FOR REHEAR-
ins, b9 S.W. 2D 979. FURTHER IT 19 AGREED THAT THE STANDARD TO BE APPLIED
WILL BE MARKET VALUE AS THAT TERM IS DEFINED IN THE CARPENTER CASE IN THE
OPINION ON MOTION FOR REHEARING AND VALUE AND DAMAGES, IF ANY, WILL BE
DETERMINED AS OF JULY 30, 1954. FURTHER, IT IS AGREED AND UNDERSTOOD
THAT SAID ARBITRATORS WILL BE INSTRUCTED TO FILE A WRITTEN AWARD REFLECTING
THEIR DETERMINATION OF THE ANSWERS OF CARPENTER ISSUES, STATING BRIEFLY
WITHOUT DETAIL THE BASIS OF THEIR CONCLUSIONS, THAT SUCH AWARD WILL NOT
REFLECT INTEREST AS SUCH PARTIES HAVE ALREACrAGREED THAT INTEREST WILL BE
APPLIED TO SAID AWARD AT THE LEGAL RATE OF SIX PER CENT (6 %) PER ANNUM
SIMPLE INTEREST FROM JULY 30, 19541 UNTIL PAID.
FURTHER, IT IS AGREED AND UNDERSTOOD THAT THE ARBITRATORS WILL
BE INSTRUCTED BY THE PARTIES HERETO TO DISCUSS THE MATTER OF MARKET
VALUE AMONG THEMSELVES, NOT REVEALIE30 TO ANY OF THE PARTIES HEREIN, THEIR
AGENTS, SERVANTS OR REPRESENTATIVES, THE SUBJECT HATTER OF THEIR DISCUSSIONS
OR DELIBERATIONS UNTIL AFTER THEIR WRITTEN AWARD IS FILED. IT IS NOT TOE
INTENTION OF THE PARTIES HERETO TO PRM"i T THE ARBITRATORS FROM SEEKING
INFORMATION OF ANY KIND FROM THE PARTIES HERETO NOR TO PREVENT THE PAR-
TIES FROM CONSULTING WITH SAID ARBITRATORS AND FURNISHING THEN INFORMA-
TION OR MATERIALS WHICH THEY BELIEVE MIGHT BE OF ASSISTANCE IN DETERMINING
JUST COMPENSATION. IT 13 THE SOLE PURPOSE OF THIS PROVISION TO PROHIBIT
ANY ONE OR MORE OF SAID ARBITRATORS FROM CONFERRING VITA ANYONE OR MORE
OF THE PARTIES HERETO, THEIR AGENTS, SERVANTS OR REPRESENTATIVES, IN
SUCM A WAY AS TO INDICATE DIRECTLY OR INDIRECTLY THEIR TREND OF TNIOKIINi
VITA RESPECT TO MARKET VALUE PRIOR TO THE TIME THE WRITTEN AWARD IS FILED
HEREIN.
IT IS AGREED AND UNDER31000 THAT THE WRITTEN AWARD FILED OT
SAID ARBITRATORS SMALL BE FINAL AND CONCLUSIVE OF THE QUESTION OF JUST
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COMPENSATION, INCLUDING DAMAGES, IF ANY, DUE SAID OWNERS THE SAME AS IF
THE MATTER WERE DETERMINED IN CONDEMNATION AND IT SHALL BE BINDING UPON
THE PARTIES HERETO, TNEIR WEIRS AND /OR ASSIGNS FOREVER.
THE ARBITRATORS HEREIN SHALL BE ENTITLED TO A FEE FOR THEIR SER-
VICES, TO BE PAID AFTER THE WRITTEN AWARD 13 FILED, OR IN THE EVENT THAT
SUCH ARBITRATORS ARE NOT ABLE TO AGREE AS TO AN AWARD, THEN AFTER A DEAD-
LOCK HAS BEEN REACHED, THAT THE FEES FOR EACH ARBITRATOR SMALL BE UPON
THE BASIS OF ONE HUNDRED DOLLARS ($100.00) PER DAY WHICH IS THE ACCEPTED
FEE BASIS FOR PAYMENT OF REAL ESTATE APPRAISERS IN THE CORPUS CHRISTI
AREA FOR MAKING APPRAISALS OF THIS KIND. PROVIDED, HOWEVER, THAT IT IS
AGREED AND UNDERSTOOD TWAT IM NO EVENT SMALL THE FEES FOR THE TWREE
ARBITRATORS EXCEED THE TOTAL SUN OF FIFTEEN HUNDRED DOLLARS ($1500.00).
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE CITY WILL SE BILLED FOR THE
SERVICES OF CHARLES M. DELOMEL AND WILL BE SOLELY RESPONSIBLE THEREFOR, THAT THE
OWNERS WILL BE BILLED FOR THE SERVICES OF GMEGORY S. MOORE AND WILL BE SOLELY
RESPONSIBLE THEREFOR, AND THE PARTIES HERETO SMALL BE JOINTLY BILLED FOR THE
SERVICES OF HAROLD A. CARR AND WILL PARTICIPATE JOINTLY AND EQUALLY IN THE
PAYMENT or HIS FEE.
IT IS FURTHER AGREED AND UNDERSTOOD THAT U ►ON THE FILING OF THE AWARD
HEREIN AND UPON THE TENDER Of THE CITY 'S VOUCNER TO THE OWNERS FOR THE
FULL AMOUNT OF COMPENSATION AWARDED, PLUS INTEREST AS SPECIFIED ABOVE,
THE OWNERS WILL DELIVER UNTO THE CITY THEIR GENERAL WARRANTY DEED CONVEY-
ING THE PROPERTY DESCRIBED ABOVE, EXCLUSIVE OF ANY AND ALL NONERAL INTER-
EST WHICH SMALL ME EXCEPTED FROM SAID CONVEYANCE AND RETAINED By SAID
OWNERS WITHOUT ANY NIGHT WHATEVER REMAINING TO SAID OWNERS, THEIR NEIRS
OR ASS IONS, OF INGRESS OR EGRESS TO OR FROM THE SURFACE Of THE LAND
CONVEYED FOR THE PURPOSE OF EXPLORING, DEYELOPIRG' DRILLING OR MINING
DF SAID MINERALS. FuR THEN, IT IS AGREED AND UNDERSTOOD BY THE PARTIES
HERETO THAT THE ROAD SWAT IS LOCATED UPON TRACT 1 Of THE LAND NERESY
ACQUIRED WILL BECOME AND WILL NEREAFTER BE A PYBLIC ROAD, AND IN THIS
CONNECTION IT IS UNDERSTOOD THAT THE CITY INTENDS TO ENCLOSE BY FENCE,
AT ITS OPTION, THE AREA DESCRIBED ABOVE AS TRACT 2.
FINALLY, IT 18 AGREED AND UMERSTOGD THAT THIS 18 TO BE A COMMON
LAW ARBITRATION AM NOT A STATUTORY ONE.
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WITNESS OUR HANDS THIS W-P—I DAY OF DECEMBER, 1961.
CITY OF CORPUS CHRISTI, TEXAS
HERBERT W. A ITNEY,_ T ER
ATTEST:
BY: �-CITY CRE ARY /
APPROVED AS TO LEGAL FORM THIS
- DAY OF DECEMBER, 1961.
BY:
CITY ATTORNE Y
FARRELL D. SMITH
R. E. LAIRD
OWNERS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE-
GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR
THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY
THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY.
GIVEN TINDER MY HAND AND SEAL OF OFFICE THIS THE 14 DAY OF
9�., 1961.
�=o- I:{c�ga�9 ypl�
NOTARY PUHLMrs DfJlyANI;l�TEXAS
Notary Public, In and for Nueces County, Texas
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t�
WITNESS OUR HANDS THIS DAY OF DECEMBER, 1961,
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
HERBERT W. WHITNEY_ TY ER
-
BY:
ITT SltcRfi ART
APPROVED AS TO LEGAL FORM THIS
DAY OF DECEMBER, 1961
CITY ArTORNE J
FARRELLLLL 0. SMITH
R. E. LAIRD --
yl
THE STATE OF TEXAS
COUNTY OF NUECES I
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HEWERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS KNOWN TO ME TO BE THE PERSON WHOSE NAME 15 SUBSCRIBED TO THE FORE-
GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT NE EXECUTED THE SAME FOR
THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY
THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 4 DAY OF
,' Les . , 1961.
AA, C e
NOTARY PUB LMr` •NUEyEy MWIY, E.A.
Notary Public, In and for Nueces County, T"03
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Sic
WITNESS OUR HANDS THIS DAY OF DECEMBER, 1961.
CITY OF CORPUS CHRISTI, TEXAS f/
HERBERT W. WHITNEYA_pTY -,MkW ER
ATTEST: `
BY:
ITY 'SkC RE ARY I /
APPROVED AS TO LEGAL FORM THIS
DAY OF DECEMBER, 1961.
BY:
CITY ATTORNE Y
FARRELL 0. SMITH
R. E. LAIRD
OWNERS
THE STATE OF TEXAS I
COUNTY OF 14UECES 9
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE-
GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR
THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY
THEREIN STATED AND AS THC ACT AND DEED OF SAID CITY.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 14 DAY OF
i IZF.G . , 1961 .
NOTARY PUB L�rt TEXAS Pl
Notary PCblrc, In and for Nuaces County, Texas
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THE STATE OF TEXAS
COUNTY OF NUECES i
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED FARRELL D. SMITH, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT ME
LXLCUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
„IVt.N UNDER P;y HAND AND SEAL OF OFFICE THIS l3 ( DAY of
OC,EMBER, 1961.
NOTARY PUBLIC, NUECES 1.0U Y, TEXAS
T.Yas
THE STATE OF TEXAS
COUNTY OF NUECES Q
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. E. LAIRD, KNOWN TO HE TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT ME
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS -11-41— DAY OF
JECElaER, 1961.
—
NOTARY PUBLIC, NUECES COUNTY'
—6—
sets -25 -60
1 -4 -62
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, 202.IWATER SYSTEM BOND FUND. PROJ. 202- 53 -22t
$31,000.00 ON THE PRINCIPAL AND $13,819.91 REPRESENTING INTEREST
OIN $31,000.00 AT 2 PER ANNUM FROM JULY 30, 1954 TO DATE.
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
6 � ffiv"' Arjr�ffim , , m"r
CORPUS CHRISTI Z Of DAY OF 6llqL
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
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; 1', 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,
YOR
THE CITY OF CORPUS CH STI,TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDOMALD
TON R., SWANTNER
DR. JAMES L. BARNARD"'-
Jose R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN F. McDONALD 'r
TON R. SWANTNER CL f2
DR. JAMES L. BARNARD,"
Jose R. DELEON
M. P. MALDONADO ~
W. J. ROBERTS
JAMES H. YOUNG