HomeMy WebLinkAbout08167 ORD - 09/07/19669 -7 -66
AN ORDINANCE
APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND
THE SUM OF $2,263.97, WHICH REPRESENTS THE ADDITIONAL
SUMS DUE ON JUDGMENTS RENDERED IN THE COUNTY COURT IN
CASES OF CITY OF CORPUS CHRISTI VS. RUDOLF'POLASEK, JR.,
AND CITY OF CORPUS CHRISTI VS. ANNASTAZIE S. NEMEC, SAID
AMOUNT BEING ATTRIBUTED $814.11 TO POLASEK JUDGMENT AND
$1,449.86 TO NEMEC JUDGMENT, INCLUDING INTEREST ACCRUED
ON EACH JUDGMENT AND BEING PURSUANT TO AN AFFIRMANCE OF
SAID JUDGMENTS BY THE THIRTEENTH COURT OF CIVIL APPEALS
IN OPINIONS FILED JUNE 16, 1966, ALL IN CONNECTION WITH
PROJECT NO. 295- 64 -37, SCHANEN DRAINAGE DITCH RELOCATED;
AND DECLARING AN EMERGENCY, A
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k BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF N0. 295 STORM
SEWER BOND FUND THE SUM OF $2,263.97, WHICH REPRESENTS THE ADDITIONAL SUMS
DUE ON JUDGMENTS RENDERED IN THE COUNTY COURT IN CASES OF CITY OF CORPUS
CHRISTI VS. ANNASTAZIE S. NEMEC, AND CITY OF CORPUS CHRISTI VS. RUDOLF
• POLASEK, JR., SAID AMOUNT BEING ATTRIBUTED $814.11 TO POLASEK JUDGMENT
AND $1,449.86 TO NEMEC JUDGMENT, INCLUDING INTEREST ACCRUED ON EACH JUDG-
MENT AND BEING PURSUANT TO AN AFFIRMANCE OF SAID JUDGMENTS BY THE THIRTEENTH
COURT OF CIVIL APPEALS IN OPINIONS FILED JUNE 16, 1966, ALL IN CONNECTION
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1 WITH PROJECT No. 295- 64 -37, SCHANEN DRAINAGE DITCH RELOCATED..
1 , SECTION 2. THE NECESSITY TO MAKE THE HEREINABOVE DESCRIBED APPRO-
PRIATION IN ORDER THAT THE�CITY MAY DEPOSIT THE SUMS HEREINABOVE DESCRIBED
IN ORDER TO SATISFY JUDGMENTS RENDERED, INCLUDING INTEREST ACCRUED ON EACH
JUDGMENT, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
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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 ORDI-
NANCE FOR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
' COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY !
EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS
i 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, 1966.
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ATTES
CIVi SECRETAR MAYOR '
THE CITY OF CORPUS CHRISTI, TEXAS,,
APPROVED AS TO LEGAL FORM THI •
DAY F SEPTEMBER, 1966:
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CITY—ATTOYNEY
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816
SEPTEMBER 6. 1966
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. 295, PROD. 29/J5 -64 -y, pSCHANEN
DRAINAGE DITCH RELOCATED (NEMEC AND POLASEK)G'.
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
DI ECT O FINANCE
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CORPUS CHRISTI, T S
Z 6 > DAY OF„•
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
COUNCILS 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
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RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN ✓
JACK BLACKMON
PATRICK J. DUNNE
1
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONN I E S I ZEMORE
WM. H. WALLACE �---- J /S
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW1 4 G VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
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INTER - OFFICE COMMUNICATION
Dept. LEGAL
To_ R. MARVIN TOWNSEND, ASSISTANT CITY MANAGER
From ROBERT E. YOUNG, ASSISTANT CITY ATTORNEY Dote SEPTEMBER
SubieCt ADDITIONAL APPROPRIATION NEMEC AND POLASEK JUDGMENTS
ON JUNE 29, 1966, THE COUNCIL APPROPRIATED $51,500 BY ORDINANCE
N0. 8074, REPRESENTING THE ACQUISITION COSTS PLUS INTEREST. THESE
FIGURES WEREBASED ON MY CALCULATION OF PRINCIPAL AND INTEREST. I
ERRONEOUSLY MISCALCULATED THE INTEREST, COMPUTING IT FROM DATE OF JUDG-
MENT RATHER THAN THE DATE OF POSSESSION, WHICH ACCOUNTS FOR THE INSUF-
FICIENT APPROPRIATION. THE JUDGMENT OF THE COURT OF CIVIL APPEALS IS
NOW FINAL AND IT WILL BE NECESSARY TO APPROPRIATE THE FOLLOWING AMOUNTS:
POLASEK, $814.11
NEMEC, $1,449.86.
THESE FIGURES HAVE BEEN CALCULATED`BY THE ACCOUNTING DIVISION AND I FEEL
THEY ARE RELIABLE.
WE HAVE PREVIOUSLY PAID $31,000 AS A PARTIAL PAYMENT ON THE
NEMEC JUDGMENT AND $20,500 AS A PARTIAL PAYMENT ON THE POLASEK JUDGMENT. '
A FULL RELEASE OF JUDGMENT WILL BE EXECUTED ON EACH PARCEL.
R rBERT YOUNG
A CITY ATT NEY
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