HomeMy WebLinkAbout05045 ORD - 05/28/1958BWS:ap :5/28/58
AN ORDINAICE
A►TI'Ii W- AND METING THE CITY MA_ AGAR TO ENTER INTO
ONI x'T FOR TIM Par a OF A TRlCT OF LARD IN NUXES
COMM, TEXAS, DEWRIBED AS LOTS 1 AND 2. JLCCK 14, PATRICK
WEBS ADDITICN, AND IICLUDING A TRIANGMAR TRICT OF LAND
DEEDED TO Z. GOSSETT BY THE CITY OF CORPUS CHRISTI BY
DEED RECORDED IN VOLUAE 245, PAGE 532, DEED RMORDS CF
NUKES COMM, TEXAS, INMUDING ALL IAPROVEAENTS, WITH
ROAN REALTY COAPANY, THE OWNER THEREOF, FOR AN AGREED
WHEREAS, The City of Corpus Christi has heretofore found and declared
the public need and necessity to enter into and proceed with a street project
known as the Agnes-Laredo Project #1 -53.18 and to acquire the necessary right -
of -+aay and it has heretofore been found necessary to acquire certain property,
hereinafter described, and condemnation proceedings thereof authorized by
Ordinance No. 4941; and
WHEREAS, In accordance therewith the City Attorney duly instituted
condemnation proceedings against Roan Realty Company, said property owner of
record, which said proceedings have been duly and timely perfected, and the
commissioners in condemnation did, on the 10th day of March, 1958, enter an
order awarding said owner the am of $20,779.00 for said property and damages;
and
WHEREAS, In order for the City to gain possession of and acquire title
to said property for the completion of construction of the Agnes - Laredo Streets
Improvement Project, Ordinance No. 4997 was duly passed appropriating the sum
of $20,779.00, and authorizing the City Attorney to tender such amount into the
office of the County Clerk of Nueces County, Texas; and
WHEREAS, Said amount was duly tendered into the office of the County
Clerk of Nueces County, Texas, and possession of the property taken by the City
of Corpus Christi; and
WHEREAS, The City of Corpus Christi, by and through the enactment of
the aforesaid ordinance, directed the City Attorney to appeal from the award
of the commissioners to the County Court of Nueces County, Texas, which appeal
was duly and timely perfected by the City Attorney and is now pending before
said Court; and
WHEREAS, Subsequent to the appeal to the County Court, said owner
has agreed, by and through its president and attorney of record, to compromise
and settle said condemnation proceeding by entering into a contract with
the City of Corpus Christi, agreeing therein to convey the hereinafter
described land, and improvements, to the City by a good and sufficient
warranty deed, for the sum of $20,779.009 the amount awarded by the commissioners
in condemnation, and to settle and terminate the pending condemnation proceeding
by an agreed judgment or order filing same in the County Court of Nueces County,
Texas; and
WMEREAS, It is hereby found to be to the best interest of the City
to settle and compromise said condemnation proceeding based on the award of the
commissioners&
Now, MEREFORE, BE Ir ORDAIN® By THE CM CoUI'CIL CF THE CITY OF
CORPUS CHRISTI, TEXAS&
SB;TION 1. The City Manager is hereby authorized and directed to
enter into a contract, for and on behalf of the City of Corpus Christi, for
the purchase of a tract of land in Nueces County, Texas, as hereinafter des-
cribed, with Roan Realty Company, the owner thereof, for the total amount of
$20,779.00, said land being more particularly described as follows&
A tract of land in Nueces County, Texas, described as Lots
1 and 2, Block 14, Patrick Webb Addition, and a triangular
tract of land deeded to Z. Gossett by the City of Corpus
Christi by deed recorded in Volume 245, Page 5321, Deed
Records of Nueces County, Texas, to which reference is
hereby made for more particular description, including all
improvements thereon.
SWTION 2. The sole consideration from the City of Corpus Christi
to Roan Realty Company, the owner of said land, is the amount of $20,779.00
heretofore awarded by the commissioners in condemnation, which amount has been
tendered into the office of the County Clerk of Nueces County, Texas, and
withdrawn by said owner.
SKMON 36 The City Attorney is hereby authorized and directed to
prepare an agreed judgment with said owner and owner's attorney of record and
to file said judgment in the County Court of Nueces County, Texas, terminating
and settling the appeal from the award of the said commissioners in condemnation
heretofore filed and now pending before said court.
SETION 4. The public importance of this ordinance and the necessity
for the City to gain possession and title of and to the real property herein -
before set out so that said construction and improvement project may be commenced
and completed creates a public emergency and an imperative public necessity
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requiring the suspension of the Charter rule providing 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 that such
ordinance shall take effect and be in full force and effect from and after
its passage, IT IS =ORDINMY SO CRDAINED.
PASSED AND APPROVED, THIS the day of May, 1958.
ATTESTS
4
City Secritaty
G
APPROVED AS TO LEGAL FORM THIS
THE 2 f5 DAY OF /*Y, 19581
City Attorney
MNYOR
THE CITY OF CORPUS CHRISTI, TEXAS
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CORPUS SCCHRISTI, TEXAS
1958
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; 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 Po MALDONADO
CHARLIE J. RILLS
ARTHUR R. JAMES
ODELL ING LE
THE ABOVE ORDINANCE WAS PASSED
BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. RILLS
ARTHUR R. JAMES
ODELL INGLE
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