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Home My WebLink About04881 ORD - 10/16/1957GGP :EB :10/14/57 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT WITH WILLIAM W. GREEN FOR SURVEY OF 780 ACRES SF LAND GENERALLY KNOWN AS THE 0.50 TRACT A COPY OF WHICH IS RE 0 AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. 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 EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH WILLIAM W. GREEN, A LICENSED TEXAS STATE LAND SURVEYOR, TO SURVEY 780 ACRES OF LAND, GENERALLY KNOWN AS THE OSO TRACT, ACCORDING TO THE SPECIFICATIONS SET FORTH IN THE AGREEMENT FOR SAID SERVICE, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES, AND ACCORDING TO THE BID MADE BY WILLIAM W. GREEN, DATED AUGUST 15, 19572 AND ACCEPTED BY THE CITY OF CORPUS CHRISTI ON OCTOBER 92 1957, THE SAID BID OF WILLIAM W. GREEN BEING THE LOWEST AND MOST ADVANTAGEOUS TO THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 2. THE NECESSITY FOR SECURING THE SURVEY OF SAID 780 ACRES IS A PRECEDENT TO THE CITY SECURING A STATE OF TEXAS LAND PATENT TO SAID PROP- ERTY, WHICH THE CITY IS IN THE PROCESS OF PURCHASING FOR THE USE OF THE PUBLIC, ALL OF WHICH CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY IN CONSUMMATING THE ACQUISITION OF SAID PROPERTY, 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, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, REQUESTING THAT SUCH CHARTER RULE BE SUSPENDED AND 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 OCTOBER, 1957. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTESS CITY bECRE7TAr APPROVEQ AS TO LEGAL FORM THIS THE 14'3 DAY OCT ER, 1957: _ ITY TTO RN EY THE STATE OF TEXAS Ceim OF MINCES THIS AMWJMEMT MADE Tim DAY DF ocTSBEM, 1937, sY AND BE7WEEV THE CITY OF CORPUS CNRIVfl, TEXAS, A MUNICIPAL CDSrORATa", AcTi NS wimiN WA OY ITS CITY MANAUS. BUILT AVTNOSICED TO ACT, HEREINAFTER CALLED THE "CITY ", AND MR. WILLIAM W. GWEN, A LICENSED TExAA STATE LAND SURVEYOR, HEREINAFTER CALLED "SURYEYO#`, W I T N E 8 3 E T H i THAT WHERE", THE CITY 14 IN TNC "Me" ON PURCHASiNS AIM REcsrY- ING A LAUD PATENT FROM TNC 4747; or Tt*AD FOR ^ ACOS OF LAND, RENERALLY REFERRED To AB THE ODD TRACT; AND WEREA4, THE TENAS STATE LAND OFFICE REOUIRCS THAT SAID TRACT BE SURVEYED BY A LICENSED TEXAS STATE LAMB SURVEYOR AM T%C FIELD ROTC% OF SAID SURVEY Be RECORDED AS PRESCRIBED BY LAM BEFORE IT WILL ISSUE A TExAS STATE LAND PATENT TO THE CITY FOR SAID PRAPEATY; % W1 THEREFOlE, THE CITY AND THE SURVEYOR, FOR TN8 COMBIBERATIOII NEREfNAFT£R NAM£D, AGREE AS FOLLOWS{ - 1. THE SURVEYOR ASSEEB TO SURVEY THE FOLLOWING PROPERTY WIICR THIL ' CITY iS IN THE PROCESS Of PUSCHAS&SO FROM THE STATE OF TERAST TRACT C Or OSO BAY, CONTAINING '^ ACI", HOSE OR LESS, THE BOMADIES OF WMICM ARE All *NOW% On MA► Or INC SEVERAL LAWS OFrict Or THE STATE OF TEXAS ENTITLED SHEtT NO. Al LAOWHA MABRC, SUBDIVISION FOOD MINERAL 6[VELDPMEMT, DATED ROVEMDER 1, 194a AIR REVISED 4EPTEIRES 1, 1991, BY A094- TORN Or CAYO GCL BGO AWMIYISIeH; SAID SURVEY TO BE COMPLETED WITHIN INC TIME LIMIT AND IN FULL ACCORD WITH THE SPECIrICAT IONS NEKINAFTCR SET POSTS, rOR HHIcM Time CITY ABAEES TO PAT A SUM NOT TO EXCEED ONE THWSANO FDUB MMItLO t41,41XI.00J OOLLAIR, *At* SOON TS BE PAYABLE AS NEREIMArTER PNOVIDED. $. THE SURVEY" SHALL MAKE AMS COMPLETE, INCLWINB TINE RECONDt" ON Him rICLB IIATCO WIYM TUE COvWT 'SURVEYOR Or NUECCD C~Vs TEXAS, ANO SELIYER INC REt1N.TS Or SAID SURVEY TO THE CITY WITHIN MINCTY (90) DA" raw THE RATE or IRA EREtHTIDH or TNIB CONTRACT. 3- TH. SURVI^TOR SMALL IMIU CT ALL SURV.TINB WORK IN STR /CR CON#WBIITY VITH THE Tema, STANDAROG AND SPECtFICATFONS OF THE TEXAS STATE LAND DFPICE AS TO ITS REOUIREMENTS FOR SURVEYS IH iSSU I HO TEXAS (STATE LAND PATENTS TO PURCHASERS OF TEXAS PUSLIC LAND. IT 14 UNDERSTOOS AND AGREED. BV AND BETWEEN THE CITY AND THE SURVEYOR THAT THE SURVEYOR SHALL DO AND OE REWIRED TO DO, WITHOUT ADDITIONAL COMPER- $ATION OR OENEFIT DF ANY KIND FROM THE CITY, ANY AND ALL ADDITIONAL, EXTRA OR RESURVEYING WORK REQUIRED BY THE TEXAS STATE LAND Orrice BEFORE IT WILL ACCEPT AND RECORD THE SURVEY OF THE PROPERTY HEREIN IDENTIFIED, AND FURTHER IT 1S UNDERSTOOD AND AGREED THAT NO PAYMENT SHALL BE DUE, OWING OR PAID DY THE CITY TO THE SURVEYOR UNTIL THE COMPLETED SURVEY HEREIN CONTRACTED FOR HAS ACTUALLY 3EEN RECEIVED, ACCEPTED AND R €CORDED BY THE TEXAS STATE LAND ('rriCr AT VHIC4 TIME THE AMOUNT DUE AND OWING BY THE CITY SHALL SE PROHPTLT PAID TO THE SURVEYOR UPON HIS WRITTEN DEMAND. 7. THE SURVEYOR SHALL NOT ASSIGN OR TRANSFER ANY INTEREST IN THIS CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY. IF THE SURVEYOR IS R PARTNERSHi P, THIS CONYRACT, UPON TERMINATION OF SUCH PARTMERSHIP, SHALL INURE TO THE INDIVIDUAL BENEFIT OF SUCH OF SAID FORMER PARTNERS AS MAY BE DESIGNATED BY THE CITY HEREIN. 6. THIS CONTRACT CONTAINS ALL THE PROVISIONS AGREED UPON BY THE PARTIES HERETO AND DISPLACES ALL PREVIOUS VERBAL OR ORAL AGREE #ENT$. IN TESTIMONY Wal WOF, WITNESS OUR RATIOS IN PLICATE ORIGINALS, EACH OT WHICH SHALL BE CONSIDERED AN ORIGINAL, ON THE DAY AND YEAR ,FIRST ABOVE WRITTEN. THE CITY OF COMA CHRISTI, TEXAS ATTEST% BY RUSSELL E. MCCLUmt, CITY YMACCR ITV lElRtTAAV APPROVED AS TO LEGAL FORM THIS JAY OF OCTOKR, Ws ITV AvTNRY ILL( AN [iN 1.1cossm TtRAB STAY. LANG "Hit "YOB �COR US CHRISTI, TIXAS �. 1997 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 REgU1RENENT 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,, MA iR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH W. J. ROBERTS B. E. SIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES _ ---� OD ELL IN6LE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS S. E. BIGLER MANUEL P. MALDONADO CHARLIE J. RILLS si ARTHUR R. JAMES DD ELL INGLE