HomeMy WebLinkAbout02789 ORD - 06/13/1950AN ORDINANCE
APPROPRIATING OUT OF FUND NO. 296 IMPROVEMENT
�0 TRUCTION FUND (S
OM) THE X2918.82 THE DIS-
CHARGE OF THE OBLIGATION OF THE CITY INCURRED
UNDER THE TERMS OF ITS AGREEMENT DATED JULY 30,
1941 REGARDING THE �r ATER STREET (NOW
KNOWN AS OCEAN DRTM-M7a=TTMMTH THE SEA-
WALL AND BAUR51T � ROvEMENTS; TAE SUM OF $1=65
S. RM, TM , AS TO THAT CERTAIN
ONE OF ;; TRACTS ABUTTING WATER STREET ON THE EAST,
THE BALANCE TO BE PAID.M. J. CONSTRUCTION COMPANY AS
TO THE OTHER OF SAID T&VTrfflMM7ffMrXVMN;-
SAID AMOUNT TO BE DEPOSITED IN ESCROW-0-MM-THE
DISCHARGE OF INVOLVED LIENS AND— M PAID AS HERE-
IN PROVIDED UPON THE EWTTION AND DELIVERY TO THE
CITY OF AN AGREEMENT AND RELEASE FROM 0. T. NICHOLSON
AND L. S. REED, TRUSTEE, SASE FJ. -F
STRUCTION COMPANY; AUTHORIZING AND DIRECTING THE CITY
MANAGER FOR AiD ON BEHALF OF THE CITY TO EXECUTE THE
ATTACHED ESCROW AGREEMENT; COPIES OF SAID RELEASE
FROM NICHOLSON AND REED AND OF SAID ESCROW AGREEMENT
BEING MADE A PART HEREOF AND ATTACHED HERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, By agreement dated July 30, 1941, the City of
Corpus Christi contracted with David Zweig for the obtaining of two
certain tracts of land for the purpose of widening of Water Street
(sometimes ]gown as Ocean Drive) and for she obtaining of convey-
ances for the Riparian rights in connection with the construction
of the Seawall and Bayfront improvements; and
ed as followst
and
WHEREAS, As a part of said agreement the City contract-
"The City also agrees at its cost and expense
to raise and fill the area therein conveyed by means
of hydraulic fill to city grade level in conformity
with the Bay Front Improvement Plan of the City of
Corpus Christi and also to pave that portion of
Shoreline Boulevard fronting on the above described
two tracts of land; and also to pave that portion of
Ocean Drive (formerly Water Street) fronting on the
above described two tracts of land, all at the ex-
pense of the City without cost or expense to Zweig."
(Page 2, Paragraph 3) ,
WHEREAS, Said Ocean Drive, formerly Water Street, is
now being paved and it is necessary that the City discharge its obli-
gation therewith; the cost of said paving being the sum of $1408.65
as to the one of said tracts of land abutting Water Street on the
East, and the sum of $1510.17 as to the other of said tracts
of land, and it is now necessary that the sum of $2918.82
be appropriated for the payment and satisfaction of said obligation
a-� gq
of the City; and
qp HEAS, There is a dispute between the said David
Zweig and the said City of Corpus Christi as to the nature of said
obligation of the City to pay for the paving of said Water Street,
and it may be necessary to obtain a judicial ascertainment to the
said obligation and, in the meantime, it being agreeable with David
Zweig to deposit in escrow sufficient bonds to secure the discharge
of said liens;
NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORM CHRISTI, TEAS:
SECTION I. That the sum of $2918.82 is appropriated
for the discharge of the obligation of the City incurred under the
terms of its agreement dated July 30, 1941; the sum of $1408,65 t0
be paid to L. S. Reed, Trustee, upon his delivery of a release and
agreement duly executed by himself and 0. T. Nicholson, a copy of
which is attached hereto and made a part hereof, and the further
sun of $1510.17 to be paid to M. J. Construction Company
in discharge of the obligation concerning the southern tract abutting
Water Street described in said agreement dated July 30, 1941, upon
the delivery of its release; said appropriation to be paid out of
Fund No. 296 Improvement Bonds 1950 Construction Fund (Street Im-
provements).
SECTION II. That the City Manager be and he is hereby
authorized and directed to execute for and on behalf of the City
the attached escrow agreement.
SECTION III. Whereas, the agreements contained herein
have been reached by the said parties and the liabilities for which
appropriation is herein made have been previously incurred by the
City and it is now necessary to discharge the same creates an em-
ergency and imperative public necessity requiring the suspension of
the Charter rule that no ordinance or resolution shall be passed
finally on the day it is introduced and that said ordinance or
resolution shall be read at three several meetings of the City
Council, and the Mayor, declaring such emergency and necessity
to exist, having requested that the Charter rule be suspended
and that this ordinance be passed finally on the day it is intro-
duced and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, This the day of June, A.D. 1950.
APPROVED AS TO GAL FORMS
City raey
The City of Corpus Christi
Corpus Christi, Texas
1950
TO THE F°.TMERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemens
For the reasons set forth in the emergency clause of the fore-
going ordinance, a .public emergency and imperative 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 meetings of the
City Council; I, therefore, hereby request that you suspend said 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,
.�r
City of Corpus Christi; Texas
The Charter -rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott 4LO-) Sydney E. Herndon George L. Lowman j ,�,Ay�
The above ordinance eras passed by the following vote:
Leslie liassemiaa
Jack DeForrest
Barney Cott
Sydney E. Herndon J
George L. Lmvman "n-�—
190
I certify to the City Council that the money required
for the contract, agreement, obligation, or expenditure contemplated
in the above and foregoing Ordinance is in the Treasury of the City
of Corpus Christi to the credit of Fund No, et9(,�o
w..Q�(I from which it is proposed to be drawn,
and such money is not appropriated for any other purpose.
L�r+eateaAs end � «..
To srATS or $mss
nor
SAS, The City at rAWP a Christi did enter into
a aaxet:raat with D, 2�019 m tho ; Gh ark, of ably, 1" lhoreby
the said D. Zweig *a uld deed to the city of Corpus Christi for
the P'i'p*► Of Vide9rin3 kater Street, two oerta,U tracts of lash,
Oft Of whioh trwte was
A strip of land apprs:U*to2y 20 feet
wide by lt&ao t`t„ IMC out Qr a pYw %
Or division L at the J• P• Schitmen
and
WMRUSI The raid la. 24ee16 did, by Warr� Deed
dated tha loth der of Ssptam6er, 1914, aasoey the ebm dasaribsd
pVGP*rtY to the said DIV =4 the said deed, v,ioh gives a sara
OUVIrta dDOWiPtift of the Baia scrip of 'land, and to trhish
reforoawe Is bw"by made, errs .riled far record as the 6th 4 s at
P b*, 199. in Yalta 272, Paso 433 -3 of the Dail umards
or *400" Cexsmly' 2omm" and,
WOU", A pwrt of the emsaaiderstUn an the part of
the OttY at GWWO Christ, for the foraguing genvVease ess the
sfrare w4t tb^t the Oity would pears that portier of WoUr+ gaols
(0mo m Drive) sa'entiag are the tso treats of land than caned by
Do U49, r 4sams :t ,r rftt is presently being pawl, acid
sn assessment t the abutting rep"V to tie strip of lend
absTe rot'orradW has been set In the amout of M 7300AM PM
MUMD MGM =LAU "D Suff»F'IVI clas (44446$) for paving,
%md 'Woreas LO s6 need, stirustoe is the eeoard hsldor of the p "NIV
abutting the Obuft described strip of kaad out of the aid j* P.
S*hatsell Trastj and s the *.j OQW&W astiaa D' hams E
paving Lisa sgaixwt the P'opmr%W abulttisg the nbwo described
"rip of INA, mad the aitW et CWPO Cbrie# has prtd to
4 S. Rood, ?mob"* the Sian of 41a409.65a ropreemkin the
Coigns obusatdas liar prom in X31 in summoruts 14th the
o0quialtirs of the above dossribed prmportr,
NCO, TwWwm, "'m A" No by TMM Y t Mat
I, Ls 9, Rood, tm mbsw, do so" that I on the ouamar at the
gropwrW abuttLW time above dsooribod a trip of land aomseprd to
them City of G �m Cbristi I that the DeW gwOwA8 or Uneee
'k'o Texan, rofloot that I acquired the same frm Bas. Sogsw,
Trustees whD aaVirod xwo fremm plod Dw%opw,, v6o sogmmi"d
rmrms fro& D- 70eig, the asmmer at the times of the
f ;rat d000ribad, and that I smr lsmftlly *aUtled to r000lvo the
Above described p"eout by the City, that "Ad peymseSt# is to be
urod by me in pql g off tbo proving 144s asst m port rt the
Cacr+a3imra ANTis Traot being *=Mod by we =&or evm date to
D. hmiu and that I de hereby r9e%as0 the ssid City of Carpel
Ci ruti. of emir and all OWM For OOMPOMMKOM for Said pewrimu
and T do hereby bind aoyrwllf, sy facOesSOft amd aasi pm from aa-
Oft -u rg amw OUJA against the said City tar pawing isuod4aisely
'to the prepea* atr olftmg the 0" of load 4000ribed
ahoat) mmd
YMMM I agroo to pip' on *J Cormetswtias Campaw
tar time amid wi% in time %so mt of X1 .65, pagablo Uu4w Us
timer pepwift Plan Imaw'iY idsd for and do roawgaiss a leas!!si
ISM agwizWt or Prear(W to aa m %ro the pefu mt at said a mn%
86P OM Thers bolag a diep *o k 1, m - D. U44 acrd
the Mw of Corpus Chriseti ae to the •frea t at tbs said agrommut
dated JAY 30e 19410 it is agreed that is tha ew"k it shau be
determined by a aeourt door** that the eltr is a* obiigeted to pair
the aesst at "vLm rot'orrad to imm Yew 3 abort, thmmr, in timrt
vvmt, the sold City it grmoted a good, valid and subsistent Ilea
40 to that part of the CaroUns Bermis Treat rafWrod to abaft.
OW A"
* ich is, is tur% being conveyeed by D. Zweig to N To gimhola+a
as of even date, +dud, to signify his agreement to the em"blish-
m oat of Wash a 31AM, - sew and interior only to tar lien of
D: Zaeig, -end for valuable ooxasides+atioed b r' Wa received, the s aid
D. To Niehelsen dmee heresy join in this agreawnt and release and
subjects himself to all its terms,.
:1'O''461CH, ATNESS our hands at Ccsmux Christi, 'texas,
this fty of June, 19500
. To e iAn-
f;C wry of 'NUNCES elm kw, the nalorsigasd eutheuity,
parsomal,y appeared L. S, Road, 'trustee,
bom to ns to be the person 1h a signed the feregelag iastr<dsent,
and Q04"1e69e4 to mn that he did so for the purposes and oon-
siderstion therein expressed,aaad in the ompacity tberela stated.
AWO SEAL qF OfTICE this day of li7jo*
NNW METZ, In Rig er
of Nuofts, Tomm.
THE 3TATF :7F T M 1
G�: =C3B y CP' ?94"?US 3ia`Y., MS. the'MUrsig7nsd auU.Itr.
personally appeared & T. liisholsen,
known to me to be the persona who signed the foregoing instrument,
wad sok.nwl*dV* to me that he did ao for the purposes and son-
siderwtion therein expressed, and is the aspasilW therein stated.
U Ti -.ST1Y +1Y iti,°,WOF, WMWS TAY IUND
AliPe S&AL i -F 'WnCl this day or , 1950.
Imur MEM, ?Or
of Nume", 'P.
32¢6 -13 -50
THE STATE OF TEXAS I
9 KNOW ALL MEN BY THESE PRESF14TS:
COUNTY OF NUECES Q
WHEREAS, the City of Corpus Christi has assessed the cost of
paving Water Street in the City of Corpus Christi against the prop-
erty located along Water Street by a paving assessment ordinance,
passed finally by the City Council of the City of Corpus Christi,
on the day of , l9,-.._; and the paving of said
street was done by M. J. Construction Company, under contract with
the said City, and by the construction of said paving a lien is being
asserted against said property; and
X I'RZAS, the City of Corpus Christi agr es that the said D. Zweig
is under no obligation to pay for the paving assessed against the
following described property in the City of Corpus Christi, Nueces
County, Texas:
All of that second tract conveyed by deed dated August 19,
1941 from the City of Corpus Christi to D. Zweig, recorded in
Vol. 272, at pages 495 -500 of the Deed Records of Nueces
County, Texas, said property being on the East side of Water
Street or Ocean Drive,
but there is a dispute between said City and D. Zweig as to whether
or not D. Zweig is obligated to pay for the paving assessed against
the following described two parcels of land in the City of Corpus
Christi, Nueces County, Texas:
TRACT ONE: All of Subdivision No. Two of the Orr Tract out
of the R. W. Rayne 100 acre tract, conveyed to D. Zweig
by Robert Driscoll, Independent Executor of the Estate of
Mildred Seaton, deceased, by deed dated April 29, 1926 and
recorded in Vol. 165, pages 160 -161 of the Deed Records
of Nueces County, Texas, said property being on the West
side of Water Street or Ocean Drive.
TRACT TWO: A part of Subdivision No. 4 of the J. P. Schat-
zell Tract, and being the same property described in the
deed from Charles F. Runck and Ethel Closterman Runck to
D. Zweig, dated April 13, 1926, recorded in Vol. 164, page
102 of the Deed Records of Nueces County, Texas, said prop-
erty being on the -,lest side of Water Street or Ocean Drive;
WHEREAS, the City is demanding that the cost of paving purport-
edly assessed against the land described in Tract One above, be paid
-1-
immediately, but D. Zweig is not willing to do so until his liability
therefor has been legally determined:
;VOW, THEREFOR, IT IS AGRZED on this the day of June, 1950,
by and between the City of Corpus Christi, Texas, called City, and
D. Zweig, as follows:
D. Zweig does herewith place with the Guaranty Title and Trust
Company United States bonds in the par value amount of
same to be held in escrow and dealt with by said Title Company, accor-
ding to the following provisions:
1. The City will waive its Requirement under paragraph II of
the title opinion of the City Attorney, I. 1+. Singer, dated June 6,
1950.
2. D. Zweig does here advise the City that he does not believe
he is legally required to pay for said paving on Tract One and Tract
Two, and he agrees that the Guaranty Title and Trust Company shall
continue to hold said .a, ;ZQCl(}. =—° of United States Government bonds
until such time as a final determination has been made in the courts
of Texas, as to whether or not D. Zweig is bound to pay for said pav-
ing.
If D. Zweig is found, by final judgment after all appeals
taken have been exhausted, to be liable to pay for said paving, then
if said D. Zweig does not pay such judgment within twenty (20) days
the escrow holder is hereby authorized to sell said bonds and pay to
the City the money due it, for the paving on Tract One, the interest
and any other charges the court may assess against D. Zweig, and after
expenses hereof, return the balance of the proceeds of said bonds to
0. Zweig. If said D. Zweig pays said judgment, or if, by such final
judgment, it is determined that D. Zweig is not bound to pay for said
paving, then saopdsAshall be returned to him and the City shall
pay the ea this escrow agreement.
4. Any statements or recitations herein in connection with the
disputed matters are merely descriptive, and except as to the escrow
features hereof, shall not be considered as admissions against the in-
-2-
terests of either party.
WITNESS OUR HANDS on this the day of June, 1950.
ATTF,ST;
City Secretary
CITY OF CORPUS CHRISTI
By
City Manager
D. Zweig