HomeMy WebLinkAbout03214 ORD - 02/19/1952J�'? / 5/
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO COMPROMISE A CLAIM MADE
BY FRANK C. ALLEN, SR. FOR WRONGFUL
ASSESSMENT OF IMPROVEMENTS IN THE
NATURE OF SIDEWALKS ON AND ALONG
l THE EASTERN' SIDE OF WATER STREET
ABUTTING ON LOTS 3, 4, 5 AND 6,
BLOCK 54, BEACH PORTION TO THE CITY
OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, BY VIRTUE OF ORDINANCE
NO. 2540 FOR THE SUM OF TWO HUNDRED
AND EIGHTY FIVE DOLLARS AND FORTY
ONE CENTS ($285.41), SAID SUM TO
BE PAID OUT OF CURRENT FUND NO. 108
(STREET FUND); AND DECLARING AN
EMERGENCY.
WHEREAS, WATER STREET WAS WIDENED ON THE EAST SIDE BY THE
REMOVAL OF THE THEN EXISTING SIDEWALKS AND CURBS, INCLUDING THE SIDE-
WALKS AND CURBS ADJACENT TO LOTS 3, 4, 5 AND 6, BLOCK 54, BEACH PORTION
TO THE CITY OF CORPUS CHRISTI, THE PROPERTY OF FRANK C. ALLEN, SR.; AND
WHEREAS, THE SAID FRANK C. ALLEN, SR. TRANSFERRED TO THE CITY
WITHOUT EXPENSE TO THE CITY ADDITIONAL RIGHT OF WAY FOR THE WIDENING
OF WATER STREET; AND
WHEREAS, THE COST OF RESTORING THE SIDEWALKS ON AND ALONG THE
EASTERN SIDE OF WATER STREET, ABUTTING LOTS 3, 4, 5 AND 6, BLOCK 54,
BEACH PORTION TO THE CITY OF CORPUS CHRISTI, WAS ERRONEOUSLY ASSESSED
THE SAID FRANK C. ALLEN, SR. BY THE TERMS OF ORDINANCE N0. 2540; AND
WHEREAS, THE SAID FRANK C. ALLEN, SR. HAS MADE CLAIM AND
ESTABLISHED THE FACT THEREIN TO THE SATISFACTION OF THE DIRECTOR OF
PUBLIC WORKS AND THE CITY MANAGER;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1: THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO COMPROMISE AND SETTLE THE CLAIM OF FRANK C. ALLEN, SR. AND
PAY SUCH CLAIM IN THE AMOUNT OF, AND NOT EXCEEDING,TWO HUNDRED AND EIGHTY
FIVE DOLLARS AND FORTY ONE CENTS (255.41), SAID AMOUNT TO BE PAID TO
SAID FRANK C. ALLEN, SR. IN FULL SETTLEMENT OF ALL CLAIMS FOR WHICH HE
MIGHT HAVE BEEN ASSESSED FOR INSTALLATION OF SAID IMPROVEMENTS ON SAID
LOTS OR BY REASON OF ANY SET -BACK ON SAID WATER STREET.
SECTION Z: THERE IS HEREBY APPROPRIATED FROM THE UNAPPRO-
PRIATED STREET FUND NO. 108 THE SUM OF TWO HUNDRED AND EIGHTY FIVE
DOLLARS AND FORTY ONE CENTS ($285.41) WHICH AMOUNT IS TO BE USED TO
PAY SAID CLAIM SET OUT IN SECTION I OF THIS ORDINANCE.
SECTION 3: THE FACT THAT A COMPROMISE OF THE CLAIM SET
OUT IN THIS ORDINANCE IS BENEFICIAL TO THE CITY IN ORDER TO AVOID a
FUTURE EXPENSES AND LITIGATION CREATES A PUBLIC EMERGENCY AND PUBLIC
IMPERATIVE 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 ORDINANCE OR RESOLUTION SHALL BE
READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR,'
DECLARING SUCH EMERGENCY AND PUBLIC NECESSITY TO EXIST, HAVING REQUESTED
THE SUSPENSION OF SAID CHARTER RULE 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,
PASSED AND APPROVED, THIS THE DAY OF FEBRUARY,
A. D. 1952.
MAY 0 R
THE CITY OF CORPUS CHRISTI, TEXAS
A TEST:
CITY SEC ETq RY
APP OVER AS TO LEGAL FORM:
CITY ATTORNEY
Corpus Christi, Texas
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
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,
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.
Respect full ,
MAYOR
City of Corpus Christi, Texas
,.,•
The Charter rule was suspended
by the
following vote:
Leslie Wassesse rman h' '
'
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
The above ordinance was passed
by the
following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon
(�
George L; Lowman
v�
Frank E. Williamson
3a 14
$285.41'
28'j . X41
FEBRUARY 19, 1952
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. 108 CURRENT FUND (STRFFT
FUND)
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Director of Finance �/