HomeMy WebLinkAbout10943 ORD - 06/28/1972JRR:RWC ;jkh; 6- 28 -72; Znd
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH GUY D. WINSTEAD AND WIFE, RUBY WINSTEAD,
WHEREBY THE CITY OF CORPUS CHRISTI IS AUTHORIZED TO TAKE
POSSESSION OF A PORTION OF LOTS FOURTEEN (14) AND FIFTEEN
(15), KOOLSIDE ADDITION,FOR THE CONSTRUCTION OF THE
IMPROVEMENTS TO GOLLIHAR STREET, A COPY OF WHICH AGREE-
MENT IS MARKED EXHIBIT "A ", ATTACHED HERETO AND MADE A
PART HEREOF FOR ALL PURPOSES; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi is in need of a portion of
Lots Fourteen (14) and Fifteen (15), Koolside Addition, in the City of
Corpus Christi, Nueces County, Texas, for the construction of improvements
'to G61rihar "Street; and
WHEREAS, the City and the owners of the above described lots, Guy
D. Winstead and wife, Ruby May Winstead, have attempted to negotiate a sale
of the area of the said lots required for such construction; and
WHEREAS, the said owners of the said land and the City have not
been able to reach an agreement on the value of the land to be taken; and
WHEREAS, the owners of said land, Guy D. Winstead and wife, Ruby
May Winstead, are agreeable and have consented to grant the City the right
to enter upon said premises and take possession thereof in order to expedite
the construction of improvements, reserving unto themselves the right to
receive just compensation in the future according to law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager be, and he is hereby authorized
and directed to execute an agreement with Guy D. Winstead and wife, Ruby
May Winstead, whereby the City is granted the right to enter upon and take
possession of the premises described in said agreement, and whereby the
said owners reserve the right to receive just compensation for the said
land according to law. A copy of said agreement is attached hereto, marked
"Exhibit A ", and made a part hereof.
SECTION 2. The necessity to authorize the execution of the afore-
said agreement so that construction of improvements to Gollihar Street
may proceed in an orderly manner creates a public emergency and an imperative
public necessity requiring the suspension of the Charter rule that no ordinance
10943
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 neces-
sity 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 ay of June, 1972.
ATTEST:
d
�O
City Secreta MAYOR
THE CITY OF RPU STI, TEXAS
APP QED:
ED' OF JUNE, 1972:
6) JA
,&J City Attorn
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi has indicated a need for street
right -of -way off of Lots No. Fourteen (14) and No. Fifteen (15) of Koolside
Addition to the City of Corpus Christi, Nueces County, Texas, as shown by
drawing attached hereto and identified as Exhibit "A" which is incorporated
herein for all purposes, and,
WHEREAS, the parties have not yet been able to agree upon the amount
of compensation to which the owners of such property would be entitled under
the Constitution and Laws of the State of Texas as the result of such taking
which involves the widening and improvement of Gollihar Street in the City of
Corpus Christi, and,
WHEREAS, the City of Corpus Christi has requested of Guy D. Winstead
and Ruby May Winstead, owners of such property, that the City be given per-
mission to go into possession of the right -of -way needed off of Lots Fourteen
(14) and Fifteen (15) as shown on Exhibit "A" at this time with the understanding
that the land owners would reserve to themselves the complete right to receive
just compensation in the future for such taking according to the Constitution and
Laws of the State of Texas, to be determined either by negotiations or by con-
demnation proceeding.
NOW, THEREFORE, BE IT AGREED AND STIPULATED by the City
of Corpus Christi and the owners Guy D. Winstead and his wife, Ruby May
Winstead, that the City may go into possession and use of such right -of -way
at this time with the'understanding that the owners reserve to themselves the
right to receive just compensation for such taking according to the Constitution
and Laws of the State of Texas, and IT IS FURTHER AGREED that the date of
taking for all purposes will be considered the date of this contract.
SIGNED this the 16th day of June, 1972. `
CITY OF CORPUS CHRISTI
Guy'lll. Winstead
By: }
City Manager
Riiby Mdy Winstead
OWNERS
CORPUS CHRISTI, TEXAS
DAY OF 19Z
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; 1, 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.
R ECT LLY,
. O O
a
MAYOR
THE CITY F CO U CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
r THOMAS V. GONZALES �i - - - -- -
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
f = - CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES U
GABE LOZANO, SR.
J. HOWARD STARK