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Home My WebLink About05069 ORD - 06/18/1958BWS:EB:6 /4/58 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CON- TRACT WITH L.'L. WOODMAN, SR., TRUSTEE, AND FRANK EVABS JOINT OWNERS OF A TRACT OF LAND HEREINAFTER MORE PARTICULARLY DESCRIBED, SETTLING AND COMPROMISING CONDEMNATION PROCEEDINGS HERETOFORE FILED BY THE CITY TO ACQUIRE SAID PROPERTY; PRO- VIDING FOR THE CONSIDERATION FOR SAID SETTLEMENT AND ACQUISI- TION OF SAID LAND; APPROPRIATING THE SUM OF 2,500.00 OUT OF NO. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND FOR SUCH SETTLEMENT AND LAND ACQUISITION;,AUTHORIZING THE CITY ATTOR- NEY TO ENTER AN AGREED JUDGMENT SETTLING THE PENDING CON- DEMNATION PROCEEDINGS; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI HAS HERETOFORE FOUND AND DECL RED THAT A PUBLIC NEED AND NECESSITY EXISTS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY SO THAT THE CITY MAY PROCEED WITH THE CONSTRUCTION OF A BRIDGE OVER THE TULE LAKE CHANNEL WITH PUBLIC ROADS THERETO, SAID PROPERTY HEREINAFTER MORE PARTICULARLY DESCRIBED, BELONGING TO L. L. WOODMAN, SR., TRUSTEE, AND FRANK EVANS; AND WHEREAS, IN ACCORDANCE THEREWITH, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, DID,, BY THE PASSAGE OF ORDINANCE NOS. 4439 AND 4440, DECLARE SUCH NEED AND NECESSITY AND AUTHORIZED CONDEMNATION PROCEEDINGS TO BE FILED BY THE CITY ATTORNEY TO ACQUIRE SAID LAND FROM SAID OWNERS; AND WHEREAS, CONDEMNATION PROCEEDINGS WERE DULY INSTITUTED BY THE CITY ATTORNEY AGAINST SAID OWNERS, AND THE SPECIAL COMMISSIONERS IN CONDEMNATION DID, ON THE 12TH DAY OF MARCH, 1956, ENTER AN ORDER AWARDING SAID OWNERS THE SUM OF $,000.00 FOR SAID PROPERTY AND DAMAGES; AND WHEREAS, SAID OWNERS DID ON OR ABOUT THE 26TH DAY OF NOVEMBER, 1956, APPEAL FROM THE AWARD OF THE COMMISSIONERS IN CONDEMNATION AND FILE CERTAIN OTHER PAPERS IN SAID CAUSE, WHICH PROCEEDING IS PRESENTLY PENDING WITHOUT FINAL DETERMINATION IN THE COUNTY COURT OF NUECES COUNTY, TEXAS; AND WHEREAS, SUBSEQUENT TO SUCH APPEAL BY THE OWNERS OF SAID PROPERTY, SAID OWNERS HAVE AGREED INDIVIDUALLY AND BY AND THROUGH THEIR ATTORNEYS,TO SETTLE AND COMPROMISE SUCH PENDING CONDEMNATION PROCEEDING FOR THE TOTAL AMOUNT OF $MOO.00 AND TO ENTER INTO A CONTRACT WITH THE CITY AGREEING TO RE- PURCHASE FROM THE CITY ALL OR ANY PORTION OF SAID LAND WHICH THE CITY MAY DETERMINE THAT IT HAS NO FUTURE NEED FOR AND TO PAY THE CITY THE SAME PRICE PER SQUARE FOOT FOR SUCH PORTIONS PURDHASED FROM THE CITY AS THE AMOUNT OF THE SETTLEMENT AGREEMENT COMPUTES OUT ON A SQUARE FOOT BASIS FOR THE ENTIRE TRACT; AND WHEREAS, THE SUM OF $51000.00 HAS BEEN PREVIOUSLY APPROPRIATED BY ORDINANCE N0. 4453 AND DEPOSITED WITH THE CLERK OF THE COUNTY COURT, SAID SUM BEING THE AWARD OF THE COMMISSIONERS IN CONDEMNATION AND IN ORDER TO SETTLE AND COMPROMISE SAID CONDEMNATION PROCEEDING AND TO ACQUIRE SAID PROPERTY IT IS NECES- SARY TO APPROPRIATE THE ADDITIONAL SUM OF $2,500.00; AND WHEREAS, IT IS HEREBY DECLARED AND FOUND TO BE TO THE BEST INTEREST OF THE CITY TO SETTLE AND COMPROMISE SAID CONDEMNATION PROCEEDINGS FOR SAID TOTAL AMOUNT OF $$7,500.00 AND TO ENTER INTO SAID RE- PURCHASE AGREEMENT WITH SAID OWNERS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO ENTER INTO A CONTRACT,FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, SETTLING AND COMPROMISING THE CONDEMNATION PROCEEDINGS HERETOFORE FILED BY THE CITY AGAINST L. L. WOODMAN, SR., TRUSTEE, AND FRANK EVANS TO ACQUIRE THE TRACT OR x PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND CONTAINING 2.5 ACRES,•MORE OR LESS, NORTH AND WEST OF AND ADJACENT TO THE CORPUS CHRISTI COUNTRY CLUB TRACT AND MORE PARTICULARLY DE- SCRIBED IN A DEED DATED DECEMBER 16, 1954, FROM B. B. LACEY TO L. L. WOODMAN, SR., TRUSTEE, AND FRANK EVANS, OF RECORD IN VOLUME 675, PAGE 161, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS. SECTION 2. THE SAID CONTRACT AND AGREEMENT TO CONTAIN THE NECESSARY COVENANTS WHEREBY SAID OWNERS AGREE TO RE- PURCHASE FROM THE CITY ALL OR ANY PORTION OF THE ABOVE DESCRIBED TRACT OF LAND IF IT BE DETERMINED BY THE CITY THAT THE CITY SHALL HAVE NO NEED OR NECESSITY FOR SAID LAND, PROVIDED THAT ANY PORTION OF SAID TRACT TO BE RE- PURCHASED SHALL HAVE A MINIMUM DEPTH OF AT LEAST 150 FEET ON THE EASTERLY SIDE OF SAID TRACT AND/OR A MINIMUM DEPTH OF AT LEAST 40 FEET ON THE WESTERLY SIDE OF SAID TRACT. SAID OWNERS AGREEING TO PURCHASE SAID TRACT OR PORTIONS OF SAID TRACT FOR AN AMOUNT TO BE COMPUTED ON THE SAME PRICE PER SQUARE FOOT AS THE SQUARE FOOT PRICE PAID BY THE CITY TO THE OWNERS IN SAID SETTLEMENT AGREEMENT. SECTION 3. THE SUM OF 2,500.00 IS HEREBY APPROPRIATED OUT OF NO. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND TO BE PAID TO SAID OWNERS TO COMPLETE THE CONSIDERATION FOR SAID SETTLEMENT AND RE- PURCHASE AGREEMENT. THE SUM OF - 2 - $5.000.00 PREVIOUSLY APPROPRIATED AND DEPOSITED WITH THE CLERK OF THE COUNTY COURT OF NUECES COUNTY, TEXAS, TOGETHER WITH THE AFORESAID SUM OF $2,500.00 HEREIN APPROPRIATED, BEING THE TOTAL SUM OF $,7,500.00, IS TO BE THE FULL AND ' FINAL CONSIDERATION FOR SAID SETTLEMENT AND RE-PURCHASE AGREEMENT AND FOR SAID LAND. SECTION 4. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO PREPARE AND ENTER AN AGREED JUDGMENT SETTLING AND COMPROMISING THE CONDEMNATION PROCEEDINGS, SAID JUDGMENT RECITING AND ADJUDGING THE TITLE TO THE SAID LAND TO BE IN THE CITY OF CORPUS CHRISTI IN FEE SIMPLE. 3 SECTION 5. 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 REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL. AND THE MAYOR HAVING DECLARED SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED 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. AN _s PASSED AD APPROVED, THIS THE DAY of OX_, 1958. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS J ATTEST: /-/ A2, Y��" '- el CITY SECRE AR APPROVp AS TO !PAL FORM T IS THE DAY OF r,L /, 1958: CITY AT ORNE 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. 3 0 Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. X4,13. ` Director of Finance CO PUS CHRISTI 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 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, ,{ c MA 1 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERT$ _�/ /J B. E. BIGLER // MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES i ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH ✓__!CL��t W. J. ROBERTS B. E. BIGLER ✓ MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE