HomeMy WebLinkAbout09056 ORD - 10/02/1968BJW:10/2/68
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AN ORDINANCE
APPROPRIATING THE SUM OF $4,000 OUT OF NO. 295 STORM
SEWER BOND FUND FOR PROJECT NO. 295- 67 -59, FLOUR BLUFF -
GLENOAK DRIVE DRAINAGE, IN SETTLEMENT OF DISPUTE BETWEEN
THE CITY OF CORPUS CHRISTI AND ROSS WAGNER CONCERNING
DRAINAGE AND STREET RIGHT OF WAY AND DAMAGES TO LAND OF
THE SAID ROSS WAGNER; AUTHORIZING THE CITY MANAGER TO
APPROVE THE AGREEMENT BETWEEN THE PARTIES FOR ACQUISITION
OF THE PROPERTY, DESCRIBED AS A PORTION OF LOTS 15, 16,
17, 18, 19, 20 AND 21, SECTION 40, FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, MORE FULLY DESCRIBED HEREINAFTER,
A COPY OF THE AGREEMENT BEING ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, I.
TEXAS:
SECTION 1. THERE IS HEREBY APPROPRIATED THE SUM OF $4,000 OUT OF
NO. 295 STORM SEWER BOND FUND, FOR PROJECT N0. 295- 67 -59, FLOUR BLUFF -
GLENOAK DRAINAGE IN SETTLEMENT OF A DISPUTE BETWEEN THE CITY OF CORPUS CHRISTI
AND ROSS WAGNER CONCERNING DRAINAGE AND STREET RIGHT OF WAY AND DAMAGES TO
LAND OF THE SAID ROSS WAGNER, SITUATED IN THE FLOUR BLUFF AREA OF THE CITY
OF CORPUS CHRISTI.
SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
TO APPROVE THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND ROSS WAGNER
FOR ACQUISITION OF THE PROPERTY OF SAID ROSS WAGNER, MORE FULLY DESCRIBED
1.
AS FOLLOWS, TO -WIT:
BEING THE SOUTHWEST 20 FEET OF LOTS 15, 16, 17, 18, 19, '
20 AND 21, SECTION 40, FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS, AS SHOWN BY MAP OF RECORD IN VOLUME A,
PAGE 42, NUECES COUNTY, TEXAS MAP RECORDS, SAID 20 FEET
BEING NORTHEAST OF, ADJACENT TO, AND PARALLEL TO EXISTING
4O -FOOT WIDE GLENOAK ROAD, IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS,
A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 3. THE NECESSITY TO IMMEDIATELY SETTLE THE DISPUTE
EXISTING BETWEEN THE PARTIES AS AFORESAID AND TO APPROPRIATE THE NECESSARY
FUNDS TO CARRY OUT THE INTENT OF THIS ORDINANCE 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
9056
THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED
SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION
OF THE CHARTER RULE 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 17"A� DAY
OF OCTOBER, 1968.
ATTEST:
f-
TY SECRET
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: \
DAY OF OCTOBER, 1968:
C
CITY AfTORWIEY
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. 295 Storm Sewer Bond
Project No. 295 -67 -59
$4,00noo
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
ect r of 7'-
LAW OFFICES OF
PRICHARD, PEELER a. SMITH
SUITE 210 VAUGHN PLAZA
CORPUS CHRISTI,TE %AS 75401
C. EDWIN PRICHARD, JR.
TRAVIS A. PEELER September 27, 1968. TELEPHONE TULIP 3-6223
FRANKLIN L.SMITH
Messrs. R. Marvin Townsend, City Manager,
I. M. Singer, City Attorney,
Jack McDaniel, Director of Public Works,
City of Corpus Christi,
City Hall,
Corpus Christi, Texas 78401.
Re: Ross Wagner Drainage Ditch
Gentlemen:
To confirm our previous conversations, we make the following proposal
for settlement of the Ross Wagner Drainage Ditch matter:
Mr. Wagner is to do the following:
1) Dismiss Cause No. 98598 -B, 117th District Court;
2) Dedicate to the Public for street purposes an additional twenty feet
(201) along the northeast side of Glenoak Drive from Flour Bluff Drive to low water
crossing.
3) Agree to hold the City harmless for emptying said water onto Mr.
Wagner's land.
The City is to do the following:
1) Move the Wagner shell road from its location in the right -of -way to
the north as shown on the attached map and to make it a comparable road.
2) At the low elevation point, near the house, to double the capacity
of the drainage pipe and to provide a concrete slab to prevent erosion at the outfall
and install a concrete low water crossing.
3) To pay for Mr. Wagner's benefit, the sum of Four thousand ($4,000.00)
Dollars.
The City of Corpus Christi -2- September 27, 1968
4) Provide Mr, Wagner a culvert for crossing the drainage ditch
at the north corner of Burton Dunn's property.
5) Cut the weeds in low elevation area where the water is to drain, provided
mowers can operate in the area.
6) Define the area to be drained by this ditch as outlined by Mr. Townsend.
7) Pay the Court costs in cause No. 98598 -13, 117th District Court.
If the above items are acceptable, the City will be permitted to immediately
resume construction of the drainageway in order to drain the area through the contested
right -of -way.
ACCEPTE
R. Marvin Townsend,
City Manager
I. M. Singer,
City At ney
Jdck McDaniel,
Director of Public Works
Yours very truly,
C. Edwin Prichard,
Attorney for Ross Wagner
CORPUS CHRISTI, TEXAS
�� ��
AS
DAY OF (�-a�-cc -!/V , I9�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS '
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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 14EETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON Y
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
IT
W. J. "WRANGLER" ROBERTS