HomeMy WebLinkAbout02861 ORD - 08/22/1950g /x/50 (5)
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
FOR AND ON BEHALF OF TBE CITY OF CORPUS
CHRISTI, TEXAS TO ENTER INTO AN AGREEMENT
WITH NRS. MARY C. SANCHEZ AGREEING ON TIE
SETTLEMENT OF ALL CLAIMS FOR DAMAGES TO
BER PROPERTY SITUATED ON LOTS 3 AND 14.
BLOCK 3, HILLSIDE ADDITION, BEING 1819
MESTINA STREET IN THE CITY OF CORPUS CHRISTI
TEXAS, BY REASON OF DRAINAGE AND /OR STORM
SLMER CONSTRUCTION AND OPERATION DONE OR TO
BE DONE BY THE CITY IN THE STREETS OR OTHER
PUBLIC EASEMENTS ADd4CENT TO SAID LOTS AND
THE RESULTANT FLOODING CONDITION OF THE SAID
LOTS FOR AND IN CONSIDERATION OF SIX HUNDRED
FIFTY DOLLARS FORT HE COST OF RAISING SAID
PROPERTY (HOUSE) AND INCLUDING THE COST OF
RECONNECTION OF UTILITY LINES AND THE SMALL
AMOUNT OF FILL DIRT NECESSARY THERETO; SAID
PAYMENT AND AGIiEEMEM TO CONSTITUTE A RELEASE
OF THE CITY 19 THE MATTERS AFOREMENTIONED;
PROVIDING FOR TEE PAYMENT OF SAID AMOUNT FROM
NO. 296 IMPROVEMENT BONDS 1950 CONSTRUCTION
FUND (STORM SBWER IMPROVEMENTS); AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager of the City of Corpus
Christi be and he is hereby authorized and directed for and on be-
half of the City of Corpus Christi to enter into an agreement with
Mrs. Mary C. Sanchez agreeing on the settlement of all claims for
damages to her property situated on Lots 3 and 16 Block 3, Hillside
Addition to the City of Corpus Christi (being at 1819 Mestina Street)
by reason of drainage and/or storm sewer construction and operation
done or to be done by the City in the streets or other public ease-
ments adjacent to said property and the resultant flooding condition
of said property, for and in consideration of $650 for the cost of
raising the house owned by Mrs. Sanchez situated on said lots, and
including the cost of reconnection of utility lines and the small
amount of fill dirt necessary thereto, said payment and agreement
when made fully releasing the City from any further liability, a
copy of which agreement and release is attached hereto and made a
part hereof, to-wit:
AN AMUMM
THk MATE Cr TEXAS �
COMP cr RUN=
Un MOMAMM OF AMMWW MWW and entered into t7
and bstwaea SM. Ol7 C. 84mbes, , laerei�
after Galled "owner", and the City of Corpus Christi, a am 41142
corporation, acting by sad through its duly autherised City Yanagar,
W. B. Collier, hereinafter called "Cityy ",
WITHBSSST He
I
The owner, in aousideration of the psysont of Biz Nzb�
Bred and Hftsy Dollars 0650) for the oast of raising the house own-
ed by Mrs. Sambas situated an Lots 3 and 14 Blosk 3, HTLLBIDE ADDI-
TION To the City of Corpus Christi, and inaluding the cost of re-con-
nection of utility line and the email amount: of fill dirt necessary.
hereby agreed to be paid to said owner by the City of Corpus Christi,
DOBB MR-,M AGRn that the said amount if and when paid shall be in
fall payment and watisfaction end �onstitutae a oomijete discharge of
nay and all liability of ovary nature on the part of the City of
Corpus Christi toward said owner by rose= of drainage m War storm
asser construction and operetian done or to be dons by the City of
Corpus Christi, in the streets or other publis "assents ad3aesat to
said property, and the resultant flooding condition of the aforesaid
Lots 3 and ly B1osk 3, hillside Addition to the City of Corpus Christi,
Texas.
II
That the City agrees to pay simataneously with the eze-
oution of this agreansat by said owser, the sum of #650 for the cost
of raising said houss owned by Mrs. Sansles, located at 1819 Mestinas
being on lots 3 and 4e Biosk 3, Hillside Addition to the City of
Carpus Christi, Texas, which when paid shall fully o =pensate the
said owner for her damages of every nature in the premises.
III
The execution of this agreement and the reesipt of tbs
payment of said mum of $65o for said oasts by the mmr doss barsby
06MO ltado a release of mW and *vary claim eocassionod by the City
of Corpus Christi in the matter of drainage and storm sever construe -
tion surd aporatien dome or to be dons by the City of Corpus Christi
:in the stoats sand other public eassatsuks adjacent to said Lots 3 and
4* Block j. Hillside Addition to the City of Corpus Christi, Texas.
sa the resultant flooding condition of the aforesaid property. it
ix understood that the actual raising of any pmo ; *rty owned or claim.
ad by owner an said Lots 3 and 4, Block 3. Hillside Addition to the
City of Cori,= Christi, or sear part thereof by reasos of cutting off.
remodeling or removing the saw is and shall be the concern of the
owner only. aid ally damage or injury suffered by reason of aaW such
raising, cutting off, rwwdelirg, removal or set back is fully oom.
pensated by the payment of the amount above provided.
HITHHSM11 MR 9=9 in %plieste, this the day of
A.D. 1950.
Ciff of COHi'CS CHRISTI, THSAS
ATTEST: By
City SFF�e
APE20VU AS To LSQAL rMs
STATS ::8
Comy OF InazB
BXMS Igo the undersigned autboritye an this day person-
ally appeared W. B. Collier, City Manager of the City of Corpus Gbristi,
kcosn to me to be the persona and officer dcmo ewe is subscribed to the
foregoing inatrumsa7t, and acknowledged to me that the sas is the act
and deed of said City of Corpus Christie aad that he executed the sass
as the act and deed of said Cityeand in the capacity therein stated,
for the purpos*s and consideration therein expressed.
GrM MR)HB W UM AND SEAL OF OFFICE This tba day of
August, 1950.
r V= Counw,
T*xaa
TSS MATS OF TMB
eOMY OF SOSCSB I
MORE IM,TIM INDMIGM AUTMRZTl. an this dear person-
ally appeared M. MM C. SUCHEZ.
whose =w to subscribed to the foregoing instmasnt and ackumledged
to — - thats'be executed the a=* for the purposes end consideration
therein exprssasdr
9I-SS rim wr SM AND SM Or O?r=, This the
dey of A. D. 19 A*
TaFART MaLla is ma Tar coos
comMy-
TORKS
SECTION 2. That the payment of the consideration mentioned
in Section 1 hereof is to be made from Fund No. 296 Improvement Bonds
1950 Construction Fund (Storm Sewer Improvements).
SECTION 3. The necessity for settling the claim arising from
said storm sewer and drainage construction and the very necessity for
such construction creates a public emergency and imperative public neoes-
city requiring the suspension of the.Charter rule providing that no
ordinance or resolution shall be passed finally on the day it is in-
troduosd and 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, having requested that said
Charter rule be suspended and that this ordinance be passed finally
on the day it is introduced and that it take effect and be in full
force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED.
PASSED AND APPROVED, This the 2,�- --day of August,
1950-
IMWOR POO-TOOd
µ4T 3T: 91M CITY OF CORPUS CHRISTI
City Soor etary
AP TO LEGAL FOdiMz
City ' torney
Corpus Christi, Texas
Z 1950
TO THE °AEIMERS OF TIT, CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
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; 1, 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,
i�c�I 0 P
f rpu s Christi, Texas
The Charter rule vas suspended by the follmving vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon �L1
George L. Lmvman
The above ordinance was passed by the following vote:
Leslie 4asserraan
Jack lleForrest
Barney Cott
Sydney E. Herndonl
��"°
George L. Lowman
August 22, 1950
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 No 296 Improvement Bonds 1950 Con -
struotion Fund (Storm Sewer Improvements)
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
& q? Director of �-'
�A