HomeMy WebLinkAbout03733 ORD - 04/19/1954E1,13: AC :4/19/51+
AN ORDINANCE
APPROPRIATING $171+,256.62 OUT OF NO. 202 CITY OF
CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUCTION FUND
FOR COMMISSIONERS' AWARDS ON THREE (1) TRACTS OF LAND
IN FEE SIMPLE FOR THE CONSTRUCTION THEREON OF A NEW
WATER FILTRATION PLANT, TOGETHER WITH COMMISSIONERS'
FEES AND COURT COSTS; AND FOR THREE WATER PIPELINE
RIGHT -OF -WAY EASEMENTS, TOGETHER WITH CQMIMISSIONERS'
FEES AND COURT COSTS; AUTHORIZING SAME TO BE TENDERED
INTO THE COURT AND AN APPEAL FROM SUCH AWARDS TO 3E
TAKEN; FIND DECLARING AN EMERGENCY.
Vfl-1ER&',1S, THE CITY OF CORPUS CHRISTI HAS HERETOFORE DEEMED A PUL31_1C
NECESSITY EXISTS FOR THE CONSTRUCTION OF A WATER FILTRATION PLANT TO EXPAND
ITS PULLIC WATER SUPPLY SYSTEM; AND
WHEREAS, THE SITE FOR SUCH WATER FILTRATION PLANT HAS BEEN HERETO-
FORE SELECTED WHICH NECESSITATED THE ACQUISITION OF THREE TRACTS OF LAND,
SAME BEING 61.031 ACRES OWNED BY ALLERT L. NIAGEE, ET AL; 43.186 ACRES OWNED
BY CLYDE AND ZELDA JENNINGS; AND 51.6 ACRES OWNED UY C. L. MAYES, SUE BAKER
MAYES AND C. L. MAYES, JR.; AND
WHEREAS, THE CONDEMNATION OF SUCH BY THE CITY ATTORNEY WAS AUTHOR-
IZED BY ORDINANCES Nos. 3698, 3697 AND 3696; AND
IdHEREAS, THE SPECIAL COMMISSIONERS, DULY APPOINTED TO ASSESS DAMAGES,
HAVE RETURNED THEIR AWARDS FOR SAME AS FOLLOWS: pp
(A) THE MAGEE TRACT, M41 317.59 FOR LAND, AND $3,885.00 FOR
IMPROVEMENTS, MAKING A TOTAL OF $58,202.59.
(3) THE JENNINGS TRACT, ?$46,098.03 FOR LAND, AND 12,301.00
FOR IMPROVEMENTS, MAKING A TOTAL OF A,48,399.03-
(C) THE MAYES TRACT, 1;59,340.00 FOR LAND, AND ;)4,990.00 FOR
IMPROVEMENTS, AND 030.00 FOR CROPS, MAKING A TOTAL OF
$091,760.00; AND
'rIHEREAAS, IN ADDITION TO SUCH AWARD, COURT COSTS AMOUNTED TO $55.00,
AND THE COMMISSIONERS' FEES AMOUNTED To ,1+77.00; AND
WHEREAS) IN ORDER FOR THE CITY TO ACQUIRE POSSESSION OF SUCH TRACTS
OF LAND FOR THE COI +.MCINCEMENT OF CONSTRUCTION OF SUCH PLAINT THEREON, IT IS
NECESSARY THAT SUCH AWARDS, FEES AND COSTS BE TENDERED INTO THE COURT WHILE
All APPEAL FROM SUCH AWARD IS PENDING, IT BEING DEEMED SUCH AWARDS WERE
EXCESSIVE; AND
313
WHEREAS) THE CITY AS A NECESSARY INTEGRATE PART OF SUCH WATER
FILTRATION PLANT AND PUBLIC WATER SYSTEMS HAS DEEMED A PUBLIC NECESSITY
EXISTS TO CONSTRUCT A 148" WATER PIPELINE FROM SUCH PLANT SITE AT CALALLEN
TO CLARYWOOD; AND
JIiLiZ'AS� IN SECURING TH= NECESSARY RIGHT -OF -WAY AND EASEMENETS
OVER THE DESIGNATED ROUTE OF SUCH PIPELINE, THE CITY DEEMED A PUBLIC
NECESSITY EXISTED TO CONDEMN SUCH RIGHT -OF -WAY AND EASEMENT OF THREE (3)
TRACTS OF LAND OWNED CY THE FOLLOWING:
(A) JOE C. BICKHAM AND WIFE I"ARY ALICE BICKHAM A FORTY (1+0')
FOOT PERMANENT RIGHT -OF -WAY COMPOSING 1.232 ACRES AND A SEVENTY -
FIVE (751) FOOT TEMPORARY CONSTRUCTION SURFACE RIGHT -OF -WAY
COMPOSING 2.310 ACRES.
(B) NORMA J. I' +IAGEE, A FORTY (40') FOOT PERMANENT RIGHT-OF-
WAY COMPOSING .1142 ACRES AND A SEVENTY -FIVE (77') FOOT TEMPORARY
CONSTRUCTION SURFACE RIGHT -OF -WAY COMPOSING .267 ACRES.
(C) JOHN ATLEE MAGEE AND WIFE rALLYHE IIIAGEE, A FORTY (401)
FOOT PERMANENT RIGHT -OF -WAY COMPOSING .202 ACRES AND A
SEVENTY -FIVE (751) FOOT TEMPORARY CONSTRUCTION SURFACE RIGHT-
OF-WAY COMPOSING .37G ACRES; AND
WHEREAS, THE CONDEMNATION OF SUCH BY THE CITY ATTORNEY WAS AUTHOR -
I ZED BY ORDINANCES Nos. 3703, 3710 AND 3702; AND
WHEREAS, THE SPECIAL COMMISSIONERS DULY APPOINTED TO ASSESS
DAMAGES, HAVE RETURNED THEIR AWARDS FOR SAME AS FOLLOWS:
(A) JOE C. BICKHAM AND WIFE IA'IARY ALICE BICKHAM, $'1,000.00
FOR A FORTY (14OI) FOOT PERMANENT RIGHT -OF -WAYS AND $231 .00
FOR A SEVENTY -FIVE (75') TEMPORARY CONSTRUCTION SURFACE
RIGHT -OF -WAY.
(B) HORMA J. VAGEE, $200.00 FOR A FORTY (140') FOOT
PERMANENT RIGHT -OF -WAY, AND $25.00 FOR A SEVENTY -FIVE (77')
FOOT TEMPORARY CONSTRUCTION SURFACE RIGHT -OF -WAY.
(C) JOHN ATLEE MAGEE AND WIFE ALLYNE MAGEE, Y320.00 FOR
A FORTY (140') FOOT PERMANENT RIGHT -OF -WAY, AND $100.00
FOR A SEVENTY -FIVE (77') FOOT TEMPORARY CONSTRUCTION SURFACE
RIGHT -OF -WAY.
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WHEREAS, IN ADDITION TO SUCH AWARD, COURT COSTS AMOUNT TO 15.00,
AND THE COMMISSIONERS' FEES AMOUNT TO $432.00, AND
WHEREAS) THE GRAND TOTAL OF SUCH AWARDS, FEES AND COURT COSTS
AMOUNT TO $174,256.62; AND
WHEREAS, IT IS CONSIDERED THAT ALL SUCH AWARDS ARE EXCESSIVE
AND AN APPEAL THEREFROM IS NECESSITATED THAT IN ORDER TO EFFECT SUC11 AN
APPEAL IT IS NECESSARY TO TENDER THE AMOUNT OF SUCH AWARD, TOGETHER WITH
THE COMMISSIONERS' FEES AND COURT COSTS TO THE OFFICE OF THE COUNTY CLERK
WHILE SUCH APPEAL 15 PENDING:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THERE IS HEREDY APPROPRIATED THE SUM OF $174,256.62
OUT OF No. 202 CITY OF CORPUS CHRISTI 'VJATERWORKS SYSTEM CONSTRUCTION FUiVD FOR
THE PROCUREMENT OF SAID PROPERTY FOR RIGHT -OF -WAYS NECESSARY FOR THE CON-
STRUCTION OF THE 0. N. STEVENS VIATER FILTRATION PLANT THEREON, TOGETHER WITH
THE INTEGRATED WATER PIPELINE SYSTEM THEREFOR.
SECTION! 2. THAT THE CITY IS HEREDY AUTHORIZED TO TENDER SUCH
AWARDS, FEES AIVD COSTS INTO THE COUNTY CLERK'S OFFICE AND THE CITY ATTORNEY
15 HERESY AUTHORIZED TO PREPARE AND PERFECT AN APPEAL IN ACCORDANCE WITH LAW
FROM SUCH AWARDS.
SECTION 3. THE FACT THAT THE CONSTRUCTION OF THE 48" WATER PIPELINE
15 ALREADY COMMENCED, AND THAT THE CITY DESIRES TO TAKE POSSESSION OF SUCH WATER
FILTRATION PLANT SITE AS SOON AS POSSIOLE IN ORDER THAT CONSTRUCTION THEREON
MAY DE COMMENCED, TOGETHER WITH THE UNINTERRUPTED AND CONTINUED CONSTRUCTION
OF SUCH 48° WATER PIPELINE IN I75 ENTIRETY, CREATES A PUBLIC EMERGENCY AND
PUOLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING
NO ORDINANCE OR RESOLUTION SHALL DE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL OE READ AT THREE SEVERAL
MEETINGS OF THE CITY COUNCIL, AND THE ;MAYOR, HAVING DECLARED SUCH EMERGENCY AND
NECESSITY TO EXIST, HAVING REQUE37ED THE SUSPENSION OF SAID CHARTER RULE AND
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THAT THIS ORDINANCE DE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND
THAT SUCH ORDINANCE TAKE EFFECT AND nE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE.
IT IS .ACCORDINGLY PASSED AND APPROVED, THIS THE AY OF
APRIL, 1954.
ATTEST.•= -
l
CITY S'C RETA /RAY
L
APPROVED AS TO LEGAL FORM:
CITY `,,TTORNEY
`'vYL
MAYOR PRO TEM
THE CITY OF CO PUS CHRISTI, CAS
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CORPUS CHRISTI, TEXAS
,195
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REA -SONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING - 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
INTRODUCEfl, 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,
MAYOR (yam
CITY OF CORPUS C ISTIa AS
THE CHARTER RULE WAS S PENDED BY THE FOLLOWING VOTE:
A. -A tai c I N
/�,,,, /J
�I CJ G� C"
V
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
l
THE ABOVE ORDINANCE WAS JPASSED BY THE FOLLOWING OTED
fQiasTE+N t rtes f',
ELLROY KING
a
/
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
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