HomeMy WebLinkAbout01733 ORD - 11/06/194410/13/44-
AN ORDINANCE
AUTHORIZING AND DIRECTING THE LAYOR AND
CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI,
TEXAS, TO EXECUTE, FOR ADTD ON BEHALF Os^ SAID
CITY, AN AGREP.=T BY AND BEM-MT THE CITY
OF CORPUS CNL'dISTI, TMAS, AIM PSCDANIEL R^LALTY
COTTA Y AND R. G. lJoDANIEL, INDIVIDUALLY, FOP,
IF— PL'RCBASE OF A SZ,FIR LINE- LOCATED rf SOUTH -
'VEST P.SIGH S AND BROADMOOR PARE ADDITIONS, AND
ALL OTTER UTILITY LINES IN SAID ADDITIO'.S; AND
DECT ^_RING =RGENCY.
BE IT M- -AINED B`I TZE CITY COIa7CTL OF TFE CTTY OF CORPUS CFP,ISTI,
TEXAS:
SECTION; 1. That the Hayor and City Controller of the City
of Corpus Christi, Texas, be, and they are hereby, authorized
and directed to execute, for and on behalf of said City, as agree-
ment by and bet�xeen the City of Corpus Christi, Texas and ?McDaniel
Realty Company and R. G. UcDaniel, individually, a, copy of
agreement is attached hereto and made a part hereof, and reads as
follows, to flit:
'1
nM wars OF TEUS
CCCdlY of sUMM
Z ia. m ar about robs year 1941. a serer line use
installed iu a portion of Seatiaraat Heights Addition and is
Broadmeor Park mditIm to the City of Corpus Christi by D. 6.
2oDanial at a sent of Sfs- Thoamaud. Thras 8tasdred Tan and WAOC
Dollars (W$10.12). of *d" rennet Three Tbaosand Sit Roadrsd
ww-'ty -Dino and lyQ w rollers 43A29,40) has bvem, paid by tha
installation of other utilise' limas by the City of Co,'.us Christi.
sass b03ag gas and Valor lines In Brux oer Perk $a. 3 Addition
to the City of Osrpus Christi, end
MEW. the said x. 4. NODUn.iel is now claiming a pap.
aunt for the bslame dm of Two thousand Six Hundred Bighty end,
72AOO Dollars (42.6W-7e)t and
i1H n", the said & 6. Nwho al did, an or about 1941.
omstrmst a saver rim from vors Strout to eraadmeor part 20. 3
and eztamding OR to PoWt Prawn, said line being asw a part of
the lines wad embsuelsm thereof in use by the easer a"t. sad
u a part Of the saver system of %M City of Corpus Christi! and
D8RBTI.S. the dispute as to the liability of the City and
as to the liability of said R. C. HoDwasl for the pW p t of
said lime has been settled by agrsoeent of the pasties to the
satisfaction of all pmrtiem oeaaersadt
MW- TEKWORS. MW ALL W BY TZM SRMW8s That
AbDaaial eatlty O-P-W, acting by mad through its Preeidest.
E. 0. NsD oriel. aid said S. C. ldDenisl, Judividually, of tbm
Cemxty of lrwaes. ,State of Taxam. is asaaidaratisa of the etas of
TWO ft--d ft— 8msdstM Dallars (42.5W). the raawipt of ,Adeh
L bareby aeksealed®ed Masi asafmesed, sad other geed and ralnab}.a
oowidaratiams, de bsrgaiU, men. sad sAeeiga to tow City ar Csapaa
Christi. a nmaioip+l asrparatiea, s].1. title. -Urset. ass' olain _
is end to therellnsing described property, to'*'ite
AU t " assew lino esk mgm6 frr 8t1Aet in
a m"t�ly ffirNt " martheast Of the aorihsut
lint of time L. A,*.& Traet to Part AYamas. sad All
Water. ga =s scd newer lines "I ssd serving SwaEsewt
weights Addition, Yb aadener Fsrk &o. 1 Addition, Braad-
moar Park Pao. 2 Addition, and Bm&dmoor Park Ha, 3
Additd.aa to the City of Corpus a isti, Sesms. aad
iaaludiuc the uplift p-P leostod is l4'osdeoer Park No,
3 Additism, sad x11 other Pu ?Bq Walvea, Out -afro and
aawesscorias oemseatod on or to Owb and ell of amid utility
Base. uptPeer With all of the osaemsnts and rights -or-
Wey eesmseted thereeith.
And ter the — ooaeiderption, ibDwdel Realty Caesyerq.
wtiyg t�yr end through its President, R. G, 00"ial, end said I C.
)iolisaiel, iadividesl]y, does great and amway unto the acid City
of Corpaa Christi, its %Uoaessora and assign, all or the right,
title end latereat ar the said MDeniol Vssltp Cep' end the ssid
R, a. w alai is sad to tbs froo cad OuLaiarreft" 04s, liberty.
privilege, easement, Cad rj& -or—y to amts, is 'wad ul— all of
the streets snd utility esasmeats upsa which said liars or MW
psvt tbaroor macs nm iar ova, or sure". tegethar With 411- ae4amento
sdjsoust thereto ar usabls in saseootlen yi & the glaRAIL9 or nay
improvement. addition to, extamsisc or, Mlhir3ag, replweisg or
rwoe;ag or sap' or seid Pipe liars ea` ww otbor utility ebieh the
said City of Christi mey desire to pat im, an, or 49reas
said lands sabiect to all of acid eassascata.
It is further agrsad sad umdsratood that thors is haraW
traasfarred cad wMigesd to the City of Corpus Christi ell tie
right, end the ran right, to sagarviisx. eastrolv fad opas-atr
the aatire Utility system in, on6 cad snross the said P." sabjsetad
to the xassrsmks Murrain asstoed sad the Owbaasiesw of such asee-
meld, to permit the said City to eater upon sad Op"ste said eywbw
or syetems, including the doing of ail acts ehioh may be dammed
Proper or neaeaaery for the aallaotift of nay' and all revs or
ShAe8as Oharged, asaa+ae4 or levied far• the s rsinar r"MUI 4
asometime mania, diasem cations, repairs or replaasmenta, iaalud.-
ing ttw wlvll*V ffi 4180anwOU89 fr4w &W sash atility lives in
MW aaah aasamamts tba *MrVU* 3imaa Of eMAUVIt ale.
And I, the said R. C, 1100andai, as President of *Daniel
laalty CompaW. and individually, do. for ggraelf, xW heirs, emscatos,
end 04a1sintratOrm, eOV400nt with the said City of Carpete Christi
that 1 es the IMAM swear Of fibs hareimahara described property
end apparteumnasa and have gaad righttw cammy and sell the same,
ee aforsas341 that the ame are free from all anaudrraneam and
that I viii warrant and defend She ass agaimat all persons laafally
alsimlmg or to claim tits whole or say part thereof.
The said McDemial Realty CoupwW and R. C. MoDaniel, individualiy.
do hereby release, reeiso, and gaitalaimm unto the City of Corpus Christi,
all Its and his claim in WW *WuOt w atseever by reaes of the isatalls-
tion of agy and all maser ltnsa and utility lines and other improve -
sate placed in said addition& sad all Detentions thereat.
And this Agreement shall net is &Mvdse affect the agreement
heretofore entered into by and between the City of Corpus Chriatt sad
the amid R. C. 74Daniiel regardimg a deposit for strsat improaemats.
which the street Dspartmaut Of the City of Carpets Christi shall and
boa Placed in groadmoes Park so, 3 edditiee., and shall rmmin in full
force mad Offset ft"WAixg to its tense. Providing for the paymsat
by the acid R. m.. Mich of the OM of Three Thousand seven ftW"d
Pifty Dallas (93,751) to the City of Carpus Christi for said paving
ispraamwuts in said Rroadsror Park so. 3 Addition to the City at
Corpus Christi, Buse" Cauaty, teas.
It is further agread by mad bataasn the parties that the said
R, 6. usaft"Ol shall oamvOy to the City of Carp" Christi a- Aortais
strip or land 10 feat aids and appre:imstaIr M.8 feat lamg off the
southwaat corner of lot 7, 800tisn C of Pviflay�a smbdivisiam of the
SdtrF 'tract. far the otmeideastdft of Mcwq sad T44M Dallarca
iM?9). Std mid a.: 4. dal shall this day ramay to the MY
Of Corpus Christi. for the ca"Uwation at flea DWUArs
("), a tSiit'at -�' 34 seat b7 ED toat eat "a east
a" of Lot 12. Busk 1, vroadwar pack amnion to us City of
Corpus Christi, Rases Caunty. Taws.
Us said City of Corms Wisti does ieroby release and
reliat>xtsh AW and all rArtbsr claims as against the Said R. 6.
veDsniol or tho mid 6eDaniel *Salty Coap►w by reason of said
Plating of said aUUV liana and serer lima is said additims,
but shall net affect in any ony liability of ftW R. G. ;gDaaisl for
the Street iAprotenawto hareioahow vontiomd.
WITIM OR HAM this day cf
A. D. 19116
11AdYalM RSUM fl deb
Arafte
00mm for lu mm
MM Xg. the madervigmed authority, am t�Lis dsy
Pu'sonally aired 9. 6, NMUJMUr 7mdivida&1%r, and as pro*Ukst
of lbkkwd*l, asalty Cam. known to as to be the peraeg and aftlamr
.domes ones Sea SAWSwrthed to the tarsgaiag lustrwasmt, sad ambamAostsd
to ss that hs aewasdoad the SM for the pvrpoe s sad ama.ad«etis+
therein exprasead. imddtidmUy, mad in the aapaaity therein tested.
Orm Mm Iff IIL1°i7 ArD S. IIYL OF OMCR this, tkw day
of a. D. 791At.
XQUAT PVBLIC in and for hoses
Coumty, Toga
Ta IUTZ OF Tma )
Caum OF AOt=5
MW 'B, the madersigood authority. on this day
per#wAU,y appeared A. C. iseCaiBCfM. ft7or of the.City of Carpus
Christi.. Tome. kw m to no to he the person and offisor whom
PAW is mthaaltad to the fangeimt S mot. and aoiamwladgad
to as that he aamotbad the saw few the purposes wad aamaidoration
therein espsaasok and, in the aapaoity therein stated.
+3.rM CZtM la WD M 5^. `. OF OFF= thLs, the �. dap
Of , L. D. 1%6
VuRr ?Uwe in sad far maress
qtr. lease
SECTION 2. T9ereas it is to the best interest of the
public that full, final, and complete settlement of the matters
in dispute in accordance with this agreement are and should be
settled at this time without further delay and that it is
necessary to extend some of the lines in question creates a
Public emergency and an imperative public necessity requiring
the suspension of the Charter rule or requirement that no Ordi-
nance or Resolution be passed finally on the date of its intro-
duction, and that said Ordinance or Resolution shall be read at
three several meetings of the City Council, and the I'myor, in
amiting, having declared that said public emergency and impera-
tive necessity exist and having requested thgt such Charter rule
be suspended and that this Ordinance be passed finally on the
date of its introduction and take 9fect and be in full force and
effect from and after its passage, IT IS, ACCOP.DINCLY, SO ORDA11113D.
PASSED AND APPROVED this, the I day of der, A. D. 194,1.
MAYOR, City of Corpus Christi,
Texas
ATTEST:
City ecra
APPROVED AS TO ^GA.L F0
• R'ur:
Cit At or y
CORPUS CP°I I, TMLS
oo aber 19W4
h --
TO TF,R 1u'E L'P.S OF T- CITY COMMIL
.OF THC CITY CF CORTUS CHRISTI
Corpus Christi, Tema.
Gentlemen:
For the reasons set forth in the emergency clause of
the foregoing Ordinance, a public emergency and imperative
p:,blic necessity exist for the suspension 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 several meetings of the
City Council; I, therefore, hereby request that you suspend such
Charter rule or requirement and pass this Ordinance finally on
the date it is introduced, or at the present meeting of the City
Council.
Respectfully
L +AYCR, Ci y of Corpus Christi,
Tex_..
The Charter rule was suspended by the follrnving vote:
A. 0. pcCaughan
Jos. ,.iraur
Ed. °. 'dilliams
D. A_. Segrest
B. G. Moffett _
The above Ordinance was passed the following vote.
A. C. LloCaughan C
Jos. Yireur
$d. P. Yalliams
D. A. Hegrest
B. G. Moffett
) I ��