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HomeMy WebLinkAbout07350 ORD - 09/09/1964IMS:JKH:9-9 -64 AN ORDINANCE APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND THE SUM OF $11,929.69 FOR PROJECT NO. 245 -56 -1, OF WHICH AMOUNT $11,000.00 IS FOR THE AMOUNT OF JUDGMENT DATED APRIL 8, 1963, IN FAVOR OF FRANK T. DROUGHT, AND THE AMOUNT OF $929.69 IS FOR INTEREST ON THE AWARD OF $11,000.00 AFTER JUDGMENT, THE AWARD OF INTEREST BEFORE JUDGMENT BEING STILL ON APPEAL AT THIS TIME; AND DECLARING AN EMERGENCY. WHEREAS, IN CONNECTION WITH THE CONSTRUCTION OF THE NEW MUNI- CIPAL AIRPORT, SUIT WAS BROUGHT AGAINST THE CITY OF CORPUS CHRISTI BY FRANK T. DROUGHT, TO COLLECT FEE FOR ENGINEERING SERVICES ALLEGED TO BE DUE FROM THE CITY; AND WHEREAS, IN ACCORDANCE WITH THE JUDGMENT RENDERED IN CAUSE N0. 64864 -D, ON APRIL 8, 1963, IN THE 105TH DISTRICT COURT OF NUECES COUNTY, TEXAS, RENDERED IN FAVOR OF THE SAID FRANK T. DROUGHT, BY THE TERMS OF WHICH THE CITY WAS TO PAY THE SAID FRANK T. DROUGHT, THE SUM OF $11,000.00 PLUS INTEREST FROM JANUARY 1, 1957, TO THE DATE OF JUDGMENT, PLUS INTEREST ON THE WHOLE AMOUNT FROM THE DATE OF JUDGMENT; AND WHEREAS, SAID JUDGMENT AS TO THE ITEM OF INTEREST PRIOR TO THE DATE OF JUDGMENT HAS BEEN APPEALED TO THE TEXAS SUPREME COURT; AND WHEREAS, IT HAS BEEN RECOMMENDED BY THE CITY ATTORNEY THAT THE CITY MAKE PAYMENT OF THE JUDGMENT AWARD OF $11,000.00 PLUS INTEREST ON SAID AWARD TO DATE WITHOUT PAYMENT OF THE SAME TO BE CONSIDERED AS PAYMENT OF THE PLAINTIFF'S CLAIM FOR INTEREST BEFORE JUDGMENT BECAUSE THE SAME IS BEING TESTED IN THE APPELLATE COURTS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF NO. 245 AIRPORT BOND FUND THE SUM OF $11,929.69 FOR PROJECT No. 245 -56 -1, OF WHICH AMOUNT $11,000.00 IS FOR THE AMOUNT OF JUDGMENT DATED APRIL 81 1963, IN FAVOR OF FRANK T. DROUGHT, AND THE AMOUNT OF $929.69 IS FOR INTEREST ON THE AWARD OF $11,000.00 AFTER JUDGMENT, THE AWARD OF INTEREST BEFORE JUDGMENT BEING STILL ON APPEAL AT THIS TIME. SECTION 2. THE NECESSITY TO IMMEDIATELY APPROPRIATE THE ABOVE SUMS FOR THE PURPOSES AFORESAID CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS 7350 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 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE _DAY OF SEPTEMBER, 1964. ATTEST: / CITV SECR ARY ero-l0fl_1 THE CITY OF COR'U CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS T DAY OF SEPTEMBER, 1964: CITY ATTORNEY 9 -8 -64 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN t THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF NO. 245, AIRPORT BOND FUND, PROJ. a 245 -56 -1, $11,929.69 FRANK DROUGHT) FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. >i a DI CTO 0 r/ Y'k CORPUS CHRISTI TEXAS LAY OF 4 y 94� 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; 11 THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCEDy OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, \OU Pro•Tem THE CITY OF CO US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOW G VOTES JAMES L. BARNAROY ,JAMES H. YOUNG ✓ �L -L JACK R. BLACKMON ./ L JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS f W. H. WALLACE, JR.v/ THE ABOVE ORDINANCE WAS PASSED BY THE FOLL046G,VOTE. JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO / V W. J. ROBERTS W. H. WALLACE, JR.