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HomeMy WebLinkAbout12578 ORD - 04/02/1975ML4:jkh:hb:4 %2 /75:ist M AN ORDINANCE 1' APPROPRIATING $57,000 OUT OF THE NO. 230 BRIDGE BOND FUND FOR THE CITY - NAVIGATION DISTRICT - NUECES COUNTY SHARE FOR THE COST OF REMOVAL OF RAILROAD TRESTLE IN NUECES BAY CONTINGENT UPON APPROVAL OF THE GOVERNING BODIES OF THE COUNTY OF NUECES AND THE NAVIGATION DISTRICT OF SETTLEMENT OF LITIGATION, HEREIN MORE FULLY DESCRIBED, RELATING TO THE REMOVAL OF SAID RAILROAD TRESTLE; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi has acted as trustee for the County of Nueces and the Navigation District, and has, in that fiduciary capacity administered the No. 230 Bridge Bond Fund for the County and the Navigation District as well as for itself, and WHEREAS, the No. 230 Bridge Bond Fund has realized cash receipts other than Bond proceeds or contributions from other governmental entities, such as proceeds from the sale of salvage materials and proceeds from the rental of land, which exceed $57,000, and WHEREAS, with respect to said additional cash receipts, the No. 230 Bridge Bond Fund has functioned more as an operating fund than a Bond fund, and WHEREAS, said No. 230 Bridge Bond Fund has remained operative over almost the entire life of the outstanding bonds because of litigation and other problems relating to the erection and operation of the Tule Lake Lift Bridge, the Bascule Bridge Removal, right of way acquisition, etc., and WHEREAS, the City Council on January 22, 1975 authorized a contribution toward settlement of that certain lawsuit styled State of Texas, et al vs. Southern Pacific Transportation Co., et al, Cause No. 111,250 -A, and thereby enabled the City to contribute funds to carry out the proposed settlement agreement for the removal of the pilings in Nueces Bay. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 12578 SECTION 1. There is hereby appropriated the sum of $57,000 out of the No. 230 Bridge Bond Fund for the City- Navigation District - Nueces County share for the cost of removal of railroad trestle in Nueces Bay, this appropriation contingent upon approval by the Governing bodies of the County of Nueces and the Navigation District of the proposed settlement of Cause No. 111,250 -A, styled State of Texas vs. Southern Pacific Transportation Co., et al. SECTION 2. The necessity to provide the sums hereinabove described for the purposes stated in order that the removal of the rail- road trestle in Nueces Bay may be effected at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolu- tion 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 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 - d April, 1975. ATTEST: _-,Civy Secretary MAYOR APPROVED: THE CITY OF CORPUS CHRISTI, TE DAY OF APRIL, 1975: ACTIN/., City Attorney CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) 3 -28 -75 I certify to the City Council that $ 57,000 the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name No 230 Bridge Bond Fund* Project No. 230-55 -23 gyres 7' e Project Name Bridge Removal from which it is proposed to be drawn, and such money is not appropriated for any other purpose. *Contribution toward settlement ' of lawsuit, State of Texas et al vs. Southern Pacific Trans. Co., et al, Cause No. 111,250 -A, removal of pilings - railroad trestle in Nueces Bay _ ___ FIN 2 -55 Revised 7/31/69 Corpus Christi, Texas day of 197 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, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T: Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Lub James T. Acuff i Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark