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HomeMy WebLinkAbout10578 ORD - 11/24/197111/24/71:e AN ORDINANCE APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $1,791.75 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10410 FOR REIMBURSEMENT TO THE DEVELOPER, NICHOLSON BUILDING & SUPPLY COMPANY, INC., AS THE CITY'S PORTION OF COST TO CONSTRUCT A BRIDGE IN BRIARWOOD SUBDIVISION, UNIT I, PROJECT NO. 220 -70 -125; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there is hereby appropriated out of No. 220OStreet Bond Fund the sum of $1,791.75, to supplement funds previously appropriated by Ordinance No. 10410, passed and approved by the City Council on August 11, 1971, for reim- bursement to the developer, Nicholson Building & Supply Company, Inc., as the City's portion of cost to construct a bridge in Briarwood Subdivision, Unit I, applicable to Project No. 220 -70 -125. SECTION 2. The sum appropriated shall be paid to Nicholson Building & Supply Company, Inc., or its duly authorized representative, contemporaneous with delivery to the City Secretary of a duly executed Release, in the form made in Exhibit "A ", annexed hereto and made a part hereof. SECTION 3. The necessity to appropriate the hereinabove described sums and to make reimbursement to the developer as promptly as possible creates a public emergency and 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 but 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, and having requested the suspension of the Charter rule and that this ordi- nance be passed finally on the :date of its introduction and take iG5"78 .. V effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 41,Q) day of November, 1971. n ATTEST• - City Secrets y OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED 24TH DXY OFIbVFAER, 1971: C]lEy Attorney THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That BUFORD NICHOLSON, individually, and the Nicholson Building and Supply Company, Inc., a corporation organized under the laws of the State of Texas, jointly and severally, and their respective successors, heirs, executors, administrators, and assigns, in consideration of the sum of One Thousand Seven Hundred Ninety -One and Seventy -Five One Hundredths ($1,791.75) Dollars lawful money of the United States of America, to us in hand paid by the CITY OF CORPUS CHRISTI, a home rule city, municipal corpo- ration and body politic under the laws of the State of Texas, the receipt of which is hereby acknowledged, have remised, released, and forever discharged and by these presents do for themselves, their successors, heirs, executors, administrators, and assigns, remise, release, and forever discharge the said CITY OF CORPUS CHRISTI, its successors and assigns, of and from all debts, charges, demands, actions, suits, agreements, damages,•claims and liabili- ties whatsoever that they might now have or that might subsequently accrue to them by reason of any manner or thing whatsoever growing out of or in anywise connected with, directly or indirectly, the acquisition, preparation, design, engineering, and construction of the bridge in Briarwood Subdivision, Unit I, in the City of Corpus Christi, Nueces County, Texas, and any and all contracts, oral or written, appertaining thereto. In witness whereof, BUFORD NICHOLSON, individually and the President of NICHOLSON BUILDING & SUPPLY COMPANY, INC., he being duly authorized to do so, aforesaid; have hereunto set their hands in triplicate originals this day of , 1971. Buford Nicholson, Individually ATTEST: ,Secretary ,President NICHOLSON BUILDING & NICHOLSON BUILDING & SUPPLY COMPANY, INC. SUPPLY COMPANY, INC. THE STATE OF TEXAS X COUNTY OF NUECES X Before me, a Notary Public, on this day personally appeared BUFORD NICHOLSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 1971. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NUECES X Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared of Nicholson Building & Supply Company, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the day of , 1971. Notary Public in and for Nueces County, Texas CORPUS CHRISTI, TEXAS DAY 0 19 %/ 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 MEETINGS 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. - RESPECT UL-LY,, AYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THHE/ FOLLOWING VOTE: RONNIE SIZEMORE `}-- CHARLES A. BONNIWELL ROBERTO BOSOUEZ ✓ REV. HAROLD T. BRANCH ✓"/ THOMAS V. GONZALES GAGE LO2ANO, SR. r C�(�('.- �•, /TI J., HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: a RONNIE SIZEMORE V _ ,. CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK