Loading...
HomeMy WebLinkAbout04776 ORD - 04/10/1957IMS :AP :4.1o/57 AN ORDINANCE APPROPRIATING THE SUM OF $20,880.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND FOR THE ACQUISITION OF LAND TO BE USED FOR THE RIGHT OF WAY OF PARKWAY THOROUGHFARE EXTENDING FROM BRAWNER PARK- WAY TO SOUTH STAPLES STREET; AUTHORIZING THE CITY WAGER TO ACQUIRE SUCH RIGHT OF WAY IN CONNECTION WITH THE EX- CHANGE OF PARCELS OF LAND NEEDED IN SUCH PARKWAY PR J C FOR PARCELS OF LAND HERETOFORE INCLUDED WITHIN THE RIGHT OF WAY OF DODDRIDGE STREET AND CLOSED EXCEPT FOR TEMPORARY USE AS RIGHT OF WAY FOR AN EXISTING WATER MAIN; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY FOR THE CITY TO ACQUIRE PORTIONS OF LAND FOR USE IN THE PARKWAY STREET PROJECT NO. 1- 53 -22, EXTENDING FROM BRAWNER PARKWAY TO SOUTH STAPLES STREET, AND FUNDS ARE AVAILABLE FOR SUCH ACQUISITION IN N0. 220 STREET BOND IMPROVEMENT FUND; AND WHEREAS, NEGOTIATIONS HAVE BEEN UNDER WAY WITH THE OWNERS OF PORTIONS OF SAID RIGHT OF WAY, INCLUDING ALL OF THE RIGHT OF WAY NECESSARY FOR SUCH PROJECT, SAVE AND EXCEP7 FOR THAT PORTION WHICH LIES WITHIN THE 5.725 ACRE BARFIELD TRACT, AND THE OWNERS ARE AGREEABLE TO CONVEY SUCH RIGHT OF WAY TO THE CITY FOR A CONSIDER- ATION OF ,$20,880.00, AND ARE AGREEABLE TO EXCHANGE CERTAIN PARCELS OF LAND FOR EQUIVALENT AREAS OF THE RIGHT OF WAY OF DODDRIDGE STREET, WHICH SHOULD BE CLOSED AS DETERMINED BY A PUBLIC HEARING HELD ON OR ABOUT THE 12TH DAY OF DECEMBER, 1956: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE IS HEREBY APPROPRIATED THE SUM 6F $20,880.00 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND FOR THE ACQUISITION OF LAND TO BE USED FOR THE RIGHT OF WAY OF PARKWAY THOROUGHFARE EXTENDING FROM BRAWNER PARKWAY TO SOUTH STAPLES STREET. SECTION 2. THAT THE CITY MANAGER BE, AND HE IS, HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE SUCH RIGHT OF WAY IN CONNECTION WITH THE EXCHANGE OF PARCELS OF LAND NEEDED IN SUCH PARKWAY PROJECT FOR PARCELS OF LAND HERETOFORE INCLUDED WITHIN THE RIGHT OF WAY OF DODDRIDGE STREET AND CLOSED EXCEPT FOR TEMPORARY USE AS RIGHT OF WAY FOR AN EXISTING WATER MAIN. _ SECTION 3. THE NECESSITY FOR ACQUIRING THE PROPERTY ABOVE DESCRIBED IN CONNECTION WITH THE BRAWNER PARKWAY PROJECT CREATEtS A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE C HARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE REGULAR MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY �J�� AND NECESSITY EXIST, REQUESTS THAT SUCH CHARTER RULE BE SUSPENDED AND THAT TH15 ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF APRIL, 1957• MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETA�j(�T APPROVED AS TO LEGAL FORM APRILJ , 1957: �l� CITY ATTORNEY THE STATE OF TEXAS p COUNTY OF NUECES Q THIS CONTRACT BY AND BETWEEN HOPPER DEVELOPMENT CORPORATION. HEREINAFTER CALLED THE CORPORATION, AND THE CITY OF CORPUS CHRISTI. HERE- INAFTER CALLED THE CITY, W I T N E S S E T H a WHEREAS, THE CORPORATION AND THE CITY ARE OPPOSING PARTIES, IN A CERTAIN CAUSE PENDING IN THE 105TH DISTRICT COURT OF NUECES COUNTY, TEXAS, AND NUMBERED 59891 —D ON THE DOCKET OF SAID COURT, AND WHEREAS, THE CORPORATION HAS FILED IN SAID CASE ITS FIRST AMENDED URIGINAL PETITION REFERENCE TO WHICH IS HERE HADE, AND WHEREAS, PARTIES HERETO DESIRE TO COMPROMISE AND SETTLE THEIR DISPUTES THEREIN, AS WELL AS ALL MATTERS RELATED THERETO, SUCH PARTIES HAVE AGREED AS FOLLOWS: 1. THE CORPORATION AGREES TO DELIVER TO 1'HE CITY CERTAIN PROPERTY DESCRIBED AS PARCEL A AND PARCEL B. PARCEL A BEING LOCATED AT THE NORTHWEST CORNER OF HOPPER ADDITION NO. 1 AND PARCEL U IN THE SOUTHEAST CORNER OF -PRO- POSED HOPPER ADDITION NO. 2, SAID ADDITIONS BEING TO THE CITY OF CORPUS CHRISTI. NUECES COUNTY. TEXAS, WHICH PARCELS ARE MORE FULLY DESCRIBED IN AN APPRAISAL MADE BY GREGORY S. NOORE AND DATED FEBRUARY 20, 1957, REFERENCE TD WHICH APPRAISAL IS HERE MADE. IN RETURN FOR WHICH PROPERTY THE CITY AGREES TO PAY THE SUM OF $20.880.00. 2. THE CITY AGREES THAT IT WILL GRANT THE APPLICATION OF THE COR- PORATION HERETOFORE FILED WITH THE CITY REQUESTING THE CLOSING OF A SECTION OF DODORIDGE STREET IN THE 1000 FLOCK OF SAID STREET AND ON THE SOUTH SIDE OF THE TRACT OF LAND DESIGNATED AS HOPPER ADDITION NO. 2. AND WHICH SECTION OF STREET TO BE CLOSED IS ADJACENT TO THE EAST SIDE OF A TRACT OF LAND OWNED AND OCCUPIED BY THE CITY AS FIRE STATION ND. 7 AND TRAINING CENTER. 3. THE CORPORATION AGREES TO DELIVER AND CONVEY TO THE CITY A CORNER LOT. 65 FEET IN WIDTH, IN THE PROPOSED HOPPER ADDITION UNIT NO. 2, THROUGH WHICH AN EXISTING WATER LINE BELONGING TO THE CITY IS NOW LOCATED IN THAT PORTION OF DODDRIDGE STREET, HEREINBEFORE DESCRIBED IN PARAGRAPH 2 ABOVE. ON SHE PLAT OF SAID }'TOPPER ADDITION UNIT N0. 2 BEING APPROVED BY THE CITY'S ZONING AND PLANNIN© COMMISSION, AND SAID PLAT THEN BEING RECORDED IN THE MAP AND PLAT RECORDS OF NUECES COUNTY, TEXAS. IN RETURN FOR THE DELIVERY AND CONVEYANCE OF SAID 65 FOOT LOT THE CITY AGREES TO PAY THE SUM OF $38.50 A FRONT FOOT OR THE TOTAL SUM OF '$2.502.50 TO THE CORPORATION IN CONSIDERA- TION FOR SAID CONVEYANCE. IN THIS REGARD THE CORPORATION FURTHER AGREES TO RECOGNIZE SAID CITY WATER LINE IN ITS PRESENT LOCATION AS BEING LEGALLY IN- STALLED IN AN EASEMENT ACROSS SAID PROPERTY FOR THE PURPOSE OF ACCESS TO AND MAINTENANCE OF SAID WATER LINE UNTIL SAID PROPERTY IS PLATTED, RECORDED AND CONVEYED AS PROVIDED HEREIN. 4. IT 15 AGREED BETWEEN THE PARTIES THAT THE LAW SUIT NOW PEND- ING SHALL BE DISMISSED WITH PREJUDICE WITH C051S ASSESSED EQUALLY BETWEEN THE CORPORATION AND THE GITY WITNESS OUR HANDS THIS DAY OF APRIL. A. D. 1957. ATTEST:l . CITY FtaRkTAR op APPNOYE AS 7( LLGA r THTSOAY UF .Z1957: CITY ATTEST: By .JOHN L. HARRISON. SECRETARY CITY vi LuiIFUS CH+,!STl YG ITY �',ANAC ER HGPPER GLVLLOF'NENT LORPCRATIUN L11 _ A. 18. HOPPER, PRESIDENT 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. 2 z o Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. /3- LLzA�7' Director of Finance CORPUS CHRISTI, TEXAS ? '1957 TO THE MEMBERS OF THE 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 RESOLU- TION 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, p MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FgRR ELL D. SMITH = == C 7 W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS L ARTHUR R. JAMES ODELL INGLE 6P THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO I.Cf CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE 1 Lf _T� �