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HomeMy WebLinkAbout11521 ORD - 06/13/1973JRR:HG:e:6 /12/73 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GEORGE B. BARNES AND JEROME G. FELDMAN, DBA LAGUNA MADRE MOBILE HOME PARK, LOCATED ON LOT 13, GLENOAK SUBDIVISION, PROVID- ING FOR THE RELOCATION OF CERTAIN EXISTING UTILITY LINES LOCATED IN SAID LOT 13, AT THE EXPENSE OF THE OWNERS OF SAID LAGUNA MADRE MOBILE HOME PARK, IN ACCORDANCE WITH SPECIFICATIONS OF THE CITY OF CORPUS CHRISTI, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING9 AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS, CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to enter into an agreement with George B. Barnes and Jerome G. Feldman, dba Laguna Madre Mobile Home Park, located on Lot 13, Glenoak Subdivision in the City of Corpus Christi, Nueces County, Texas, providing for the relocation, at the expense of said George B. Barnes and Jerome G. Feldman, of all utility lines located in said Lot 13, and being the easement granted by Jessie E. Johnson and wife, Louie E. Johnson and more particularly described as being 177 feet northwest of and parallel to the northwest right of way' line of Debra Lane and being 180 feet in length, as currently owned by the City, said relocation to be subject to the approval of and in accordance with the specifications of the City of Corpus Christi. A copy of said Agreement is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. That the necessity to commence the relocation of certain utility lines in said Lot 13, Glanoak Subdivision, so that development may proceed, creates a public emergency and 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 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 ordinance 11-521 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 13th day of June, 1973. ATTEST: r, City Secr t y - - - -� APPROVED: 13TH DAY OF JUNE, 1973: b /AW �— / City Attorney MAY THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS X COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: Whereas the City of Corpus Christi, Texas is the present owner of a easement granted by Jessie E. Johnson and wife, Louie E. Johnson to Houston Natural Gas Corporation, dated November 20, 1956, recorded in Volume 755, page 589 of the Deed Records of Nueces County, Texas, And whereas the said City of Corpus Christi, Texas presently is using and maintaining certain pipe lines on the property described in said easement, And whereas George B. Barnes and Jerome G. Feldman, d /b /a Laguna Madre Mobile Home Park are desirous of obtaining a release of said easement and the relocation of the pipe lines which the City of Corpus Christi is presently maintaining on said property, Now, therefore, George B.Barnes and Jerome G. Feldman d /b /a Laguna Madre Mobile Home Park contract and agree with the City of Corpus Christi as follows: 1. For and in consideration of a release and quitclaim from the City of Corpus Christi, Texas of the above described ease- ment, George B. Barnes and Jerome G. Feldman, d /b /a Laguna Madre Mobile Home Park covenant and agree to pay to the City of Corpus Christi, Texas all costs, expenses and charges involved in the re- location of the pipe lines and equipment which the City of Corpus Christi presently has on the land described in the above mentioned easement. This agreement shalt be binding upon the heirs, successors and assigns of the parties hereto forever. In testimony whereof witness our hands this f % day of June, 1973. EXHIBIT "A" BY ATTEST THE STATE OF TEXAS COUNTY OF NUECES X LAGUNA MADRE MOBILE HOME PARK, a Pzri.tnership ISAMbb CITY OF CORPUS CHRISTI, TEXAS BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared George B. Barnes known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL �,OP I, CE 7,'his 1,;, day of A.D. 1973, f "Notary Pub11vc,�Nueces County —rexas My Commission Expires Junp , 19_ THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, in and for said County, Texas, on this clay personally appeared Jerome G. Feldman known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFTCE s_ day of A.D. 1973. ar 'Public,eNueees,County, exas Commission Expires June 1, q9 THE STATE OF TEXAS tt COUNTY OF NUF.CES BI3FORE ME, the undersigned authority, on this day personally appear R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi 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 , 19 Notary Public in and for Nueces County, Texas APPROVED: 13th Day of June, 1973: CITY ATTORNEY c Corpus Christi, Texas day of 19,2_3 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, EXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales a 4,y— Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff_ Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr.� J. Howard Stark