HomeMy WebLinkAbout02956 ORD - 12/26/1950AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BERAIF OF THE CITY OF CORPUS CHR13TI TO
E%ECUTE AN AGREEMENT WITH BERTHA T. GONZALES,
OWNER, AND A. G. TABAHES, LESSEE, PERMITTING
THE CONSTRUCTION OF A TEMPORARY BUILDING ON
LOTS 15 and 16 OF BLOCK 16, CHAMBERLAIN ADDI-
TION (AGNES STREET) OF TEE CITY OF CORPUS
CHRISTI, ACCORDING TO THE TERMS AND CONDITIONS
AS SET FORTH IN THE AGREEMENT, A COPY OF WHICH
33 ATTACHED HERETO AND MADE A PART HEREOF; AND
DECLAMG AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEAS:
SECTION 1. That the City Manager be, and he is hereby,
authorized and directed for and on behalf of the City of Corpus
Christi to execute an agreement with Bertha T. Gonzales, owner,
and A. G. Tabares, lessee, permitting the construction of a tem-
porary building on Lots 15 and 16 of Block 16, Chamberlain Addition
(Agnes Street) of the City of Corpus Christi, according to the
terms and conditions as set forth in the agreement, a copy of
which Is attached hereto and made a part hereof.
SECTION 2. That the necessity for the issuance of a
permit for temporary construction on Lots 15 and 16 of Block 16,
Chamberlain Addition (Agnes Street) to provide for removal of said
construction in the event of future widening of Agnes Street creates
a public emergency and an imperative public necessity requiring the
suspension of the Charter rule that no ordinance or resolution shall
be passed finally on the date of its introduction and that such ordi-
nance or resolution shall be read at three severalmeetings of the City
Council, and the Mawr, having declared such emergency and necessity
to exist, requesting that said Charter rule be suspended and that this
ordinance be passed on the date of its introduction and take effect and be
In full force and affect from and after its passage, IT IS ACCORDINGLY
SO ORDAINED.
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PASSED AND APPROVED, This the -2�ZL d y of December, flr D.
1950. A /
MAY
The City of Corpue Christi, Texas
City Secretary
APPROVED AS TO LEGAL FORM:
City A torney
LB - 12/21/50
AGREMMNT
THE STATE OF TEAS
COUNTY OF HUMES j
WHEREAS, Bertha T. Gonzales, a widow, is the
owner in fee of Lots 15 and 16 of Block 16, Chamberlain
Addition to the City of Corpus Christi, Texas; the same
being under lease to A. G. Tabares, who has applied for
a building permit for construction to be located on said
property, said applicant and owner to vacate at their own
expense; and,
WHEREAS, it is desired that a portion of said
building be located within the space heretofore described
by the City of Corpus Christi in its Ordinance No. 25569
designating the building line set back on said property
of approximately twenty -four (24) feet from the previous
South property line of Agnes Street in the city of Corpus
Christi, Texas; and,
WHEREAS, the permits to make such construction
are of a temporary nature, and with the agreement of said
applicant to vacate, at his own expense, the said tvrenty-
four (24) feet set back area, without cost or expense to
the City of Corpus Christi, and without any claim for damage
by reason of the requirement that said set back area be va-
cated; and,
WHEREAS, the City of Corpus Christi, the said
A. G. Tabares, and the said Bertha T. Gonzales have agreed
that if, as, and when the said Agnes Street shell be improved
so as to widen the same to include the said twenty -four (24)
foot set back strip, the City of Carpus Christi shall have
the right to purchase the said set -baok strip from the said
Bertha T. Gonzales, her heirs and assigns, at the fair market
value, not to include any improvements placed thereon or
the value of any leasehold rights of the said A. G. Tabares,
and idhich amount, if, as, and when paid, shall constitute
full, complete, and final settlement in satisfaction of any
and all damages suffered by reason of said set -baok, includ-
ing the removal of any and all buildings, structures, or
other improvements which may tow be, or may hereafter be,
located on said twenty -four (24) feet set -baok strip by
said A. G. Tabares, his heirs and assigns, it being agreed
that the said A. G. Tabares or said Bertha T. Gonzales, their
heirs and assigns, will remove any and all property from
said set -back strip within thirty (30) days of written notice
from the City of Corpus Christi of the exercise of its said
option to pgchase said twenty -Pour (24) foot set -back strip,
the City's puechase price being the fair market value of the land alone.
WI1M$3S our hands this the day of Oecem-
ber, A. D. 1950.
A. G. TABARES
BIM TEA T_._G__0N_ZA_E9,q-
ATIEST: THE CITY OF CORPUS CHRISTI, TEXAS
By
City Secre ary W. B. Collier, ty onager
APPROVED AS TO LEGAL FO.IM
City Attorney
-2-
f,
se
THE STATE OF TEXAS 1
COUNTY OF NUECES 1
BEFORE ME, the undersigned authority, a notary
public, on this day personally appeared A. G. Tabares and
Bertha T. Goa2ples, a fern sole, knovm to me to be the per-
sona whose names are subscribed to the foregoing instrument,
and acknowledged to me that they executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER Iff HA14D AND SEAL OF OFFICE this the
day of December, A. D., 1950.
Notary o in and fcr
Buboes 'County, Texas.
THE STATE OF TEXAS 1
COUNTY OF NUECES 1
BEFORE ME, the undersigned authority, a notary
public, on this day personally appeared W. B. Collier, City
Manager of the City of Corpus Christi, Texas, a municipal
,«
at Ion, known to tte'to be the person and dYicer whose 4. _
name is subscribed to tha foregoing instrument, and acknowl-
edged to me that he executed the same as the act and deed
of said City of Corpus Christi, for the purposes and con -
sideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of December, A. D., 1950.
Notary Public in and or
Nueces County, Texas.
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Corpus Christi, Texas
&— �V . 1949
TO THE MEMBERS OF TEIS CITY COUNCIL
Corpus Christi, Texas
Gentleman:
For the "means 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 Counoils 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.
Respe�ctfu�ll /y,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
-Q
Jack DeForrest
0i4"
Barney Cott
all
Sydney E. Herndon
Lndndpd,�
George L. Lawman
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack De Forrest
Barney Cott
Sydney E. Herndon —aNd-
George L. Lowman
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