HomeMy WebLinkAbout05012 ORD - 04/09/1958SS:MEM :4/4/68
AN ORDINANCE
APPROPRIATING THE SUM OF $365.00 OUT OF NO. 220
STREET BOND IMPROVEMENT ES- LAREDO STREET
PROJECT FOR COMMISSIONERS' AWARD IN CONDEMNATION
PROCEEDINGS FOR A TRACT OF LAND 0
DESCRIBED AS A TRACT W_IAND 9.6 FEET IN
WIDTH AND 25 FEET IN LENGTH AND BEIN9.6
FEET OF LOT S. BLOCK 5, 6F THE HOME PLACE I
TO THE CITY OF CORPUS I AS SHOWN BY MAP_W_
PLAT OF SAID ADDITION OF RECORD IN VOL. 3, PAGE 48, OF
THE MAP RECORDS OF NUECES COUNTY, TEXAS, OWNED BY JOSE
M. BOTELLO AND WIFE, JOSEPHINE R. BOTELLO, FOR USE IN
THE IMPROVEMENT OF AGNES- LAREDO STREETS AS A PAS 0F
THE INCREASE IN STREET AND SIDEWALK AREA, AND FOR PAY-
MENT OF COMMISSIONERS' FEES; AUTHORIZING THE C MMI TONERS'
AWARD OF $350.0-07FUNDERED INTO THE OFFICE OF THE
COUNTY CLERK IN ACCORDANCE WITH LAW, AND DECLARING AN
EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI HAS HERETOFORE FOUND AND
DECLARED THAT A PUBLIC NECESSITY EXISTS FOR THE ACQUISITION OF CERTAIN PRO-
PERTY, HEREINAFTER PARTICULARLY DESCRIBED, AND AUTHORIZED CONDEMNATION PRO-
CEEDINGS THEREOF BY VIRTUE OF THE ENACTMENT OF ORDINANCE NO. 4961 ON THE
29TH DAY OF JANUARY, 1958, AND
WHEREAS, IN ACCORDANCE THEREWITH, THE CITY ATTORNEY DULY INSTI-
TUTED CONDEMNATION PROCEEDINGS AGAINST JOSE M. BOTELLO, JOINING THEREIN HIS
WIFE, JOSEPHINE R. BOTELLO AND OTHERS CLAIMING SOME LIEN ON SAID LAND, SAID
PROPERTY OWNERS AND LIEN HOLDERS OF RECORD, WHICH SAID PROCEEDINGS HAVE BEEN
DULY AND TIMELY PERFECTED, AND THE COMMISSIONERS IN CONDEMNATION APPOINTED
THEREIN DID ON THE 2ND DAY OF APRIL, 1958, ENTER AN ORDER ASSESSING THE AWARD
IN CONDEMNATION OF SAID OWNERSI PROPERTY IN THE SUM OF $350.00; AND
WHEREAS, IN ADDITION TO SUCH AWARD, THE CONDEMNATION COMMISSIONERS'
FEES HAVE AMOUNTED TO $15.00; AND
WHEREAS, IN ORDER FOR THE CITY TO GAIN POSSESSION OF AND ACQUIRE
TITLE TO SAID TRACT OF LAND FOR THE COMPLETION OF CONSTRUCTION OF THE AGNES-
LAREDO STREETS WIDENING PROJECT, IT IS NECESSARY THAT SUCH AWARD AND FEES BE
APPROPRIATED AND THAT THE AWARD OF THE COMMISSIONERS BE TENDERED INTO THE
OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS;
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 OF $365.00
OUT OF FUND NO. 220 STREET BOND IMPROVEMENT FUND, AGNES- LAREDO STREET PROJECT
So t-2-
FROM WHICH AMOUNT THE SUM OF $360.00 15 THE AWARD OF THE COMMISSIONERS
IN CONDEMNATION OF THE FOLLOWING DESCRIBED PROPERTY:
A TRACT OF LAND 9.6 FEET IN WIDTH AND 25 FEET IN LENGTH
AND BEING THE EAST 9.6 FEET OF LOT 8, BLOCK 5, OF THE
HOME PLACE ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN
BY HAP OR PLAT OF SAID ADDITION OF RECORD IN VOL. 3, PAGE
48, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH
REFERENCE IS HEREBY MADE FOR MORE PARTICULAR DESCRIPTION,
CONTAINING 240 SQUARE FEET OF LAND.
SECTION 2. THAT THE CITY ATTORNEY IS HEREBY AUTHORIZED TO TENDER
SAID CONDEMNATION COMMISSIONERS' AWARD IN THE AMOUNT OF $350.00 INTO THE
OFFICE OF THE COUNTY CLERK, IN ACCORDANCE WITH THE LAW GOVERNING SUCH CON-
DEMNATION PROCEEDINGS, IN ORDER THAT THE CITY MAY TAKE POSSESSION OF SAID
PROPERTY, AND THAT IN THE EVENT NO APPEAL 15 TAKEN FROM SAID AWARD BY THE
PROPERTY OWNERS WITHIN THE TIME ALLOWED ACCORDING TO LAW, SUCH TENDER SHALL
BECOME FINAL.
SECTION 3. THAT THE THREE CONDEMNATION COMMISSIONERS, PETER DUNNE,
ED SLAVIK AND GEORGE CALLICOATTE BE PAID $5.00 EACH FOR A TOTAL OF $15.00
AS COSTS FOR THE COMMISSIONERS HEARING.
SECTION 4. THE FACT THAT THERE EXISTS A NECESSITY FOR THE ACQUI-
SITION OF PROPERTY ABUTTING SIXTEENTH STREET FOR THE IMPROVEMENT OF THAT STREET
IN THE CITY'S UNDERTAKING IN ITS AGNES- LAREDO STREETS IMPROVEMENT PROJECT,
WHICH IS NOW UNDER CONSTRUCTION, 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 ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO
EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 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
PASSED AND APPROVED THIS THE_f_DAY OF APRIL, 1958.
ATTES MAYOR
/Ii 1 i // , THE CITY OF CORPUS CHRISTI, TEXAS
CITY SEC aRY I
APPROV AS TO LEGAL FORM
TH �OAY APRIL. 1958:
L,
CITY ATTORNEY
rz 19,
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. 220 STREET BOND IMPROVEMENT FUND
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Director of Finance
CORPUS CHRISTI, TEXAS
X958
TO THE MEMBERS'OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE'
GOING ORDINANCES 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; I, 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
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE