HomeMy WebLinkAbout05396 ORD - 06/17/1959BWSIdKH:6 -17 -59
AN ORDINANCE
APPROPRIATING THE SUM OF $36,794.00 OUT OF BRIDGE REMOVAL
AND RELOCATION BOND FUND,-NO. 230, TULE LAKE LIFT BRIDGE
PROJECT. FOR COMMISSIONERS AWARD IN CONDEMNATION PROCEED-
COUNTY CLERK IN ACCORDANCE WITH LAW S
BE OBTAINED; AUTHORIZING AND DIRECTING
Tn APPFAI TO THE COUNTY COURT FROM SAID
WHEREAS, THE CITY OF CORPUS CHRISTI IS THE SPONSOR OF THE TULE LAKE
LIFT BRIDGE PROJECT, WHICH INCLUDES THE CONSTRUCTION OF A COMBINATION FAIL AND
HIGHWAY LIFT BRIDGE ACROSS THE SHIP CHANNEL AND THE CONSTRUCTION OF THE RAIL-
ROADS AND ROADS PROVIDING ACCESS TO AND ACROSS SAID BRIDGE; AND
WHEREAS, THE CITY HAS HERETOFORE DETERMINED THE NECESSITY FOR THE
ACQUISITION OF 2.471 ACRES OF LAND OUT OF THE 4.534 ACRE TRACT OF LAND
BELONGING TO ROBERT E. BRENNAN AND WIFE, MARION, ALL AS DESCRIBED IN ORDINANCE
N0. 5364 AND IN THE CITY'S PETITION FOR CONDEMNATION ON FILE WITH THE COUNTY
JUDGE; AND
WHEREAS, THE CITY DID ON MAY 20, 1959, BY THE PASSAGE OF THE AFORE-
SAID ORDINANCE NO. 5364 AUTHORIZE AND DIRECT THE CITY ATTORNEY TO FILE CON-
DEMNATION PROCEEDINGS AND TO TAKE THE NECESSARY LEGAL STEPS TO ACQUIRE THE
AFORESAID PROPERTY BY CONDEMNATION; AND
WHEREAS, IN ACCORDANCE THERETO THE CITY ATTORNEY DULY INSTITUTED
CONDEMNATION PROCEEDINGS AGAINST ROBERT E. BRENNAN AND WIFE, MARION BRENNAN,
SAID PROPERTY OWNERS, AND IN ACCORDANCE WITH LAW THE SPECIAL COMMISSIONERS
APPOINTED THEREIN DID ON THE 15TH DAY OF JUNE, 1959, ASSESS THEIR AWARD IN
THE AMOUNT OF $36,724.00 FOR THE LAND CONDEMNED TOGETHER WITH THE IMPROVEMENTS
THEREON AND FINDING THAT THERE WERE NO DAMAGES TO THE REMAINDER; AND
WHEREAS, IN ADDITION TO SUCH AWARD, THE COMMISSIONERS FEES TMAVE
AMOUNTED TO $45.00 AND THE COSTS HAVE AMOUNTED TO $25.00; AND
WHEREAS, IN ORDER FOR THE CITY TO GAIN POSSESSION OF AND TO ACQUIRE
TITLE TO THE AFORESAID 2.471 ACRE TRACT OF LAND SO THAT CONSTRUCTION OF THE
5396
ACCESS ROADWAYS TO THE AFORESAID TOLE LAKE LIFT BRIDGE MAY BE BEGUN, LT 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; AND
WHEREAS, AN APPRAISAL OF THE AFORESAID CONDEMNED LAND HAS BEEN OB-
TAINEO WHICH INDICATES THAT THE MARKET VALUE OF SAID LAND IS LESS THAN THE
AWARD OF THE COMMISSIONERS, AN APPEAL FROM SAID AWARD SHOULD BE TAKEN BY THE
CITY ATTORNEY AND A TRIAL HAD IN THE COUNTY COURT UPON THE VALUE AND THE
DAMAGES, IF ANY, THAT THE AFORESAID PROPERTY OWNERS SHOULD BE ENTITLED TO
RECELVE:
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 $36,794.00
OUT OF BOND FUND N0. 230, BRIDGE REMOVAL AND RELOCATION BOND FUND, TULE LAKE
HIGH LIFT BRIDGE PROJECT, FROM WHICH AMOUNT THE SUM OF $36,724.00 IS THE
AWARD OF THE COMMISSIONERS IN CONDEMNATION OF THE 2.471 ACRE TRACT OF LAND,
AS ABOVE MENTIONED, AND AS DESCRIBED IN ORDINANCE N0. 5364 AND THE CITY'S
PETITION FOR CONDEMNATION ON FILE WITH THE COUNTY JUDGE.
SECTION 2. THAT THE CITY ATTORNEY IS HEREBY AUTHORIZED TO TENDER
THE AMOUNT OF THE COMMISSIONERS AI4ARD INTO THE OFFICE OF THE COUNTY CLERK,
IN ACCORDANCE WITH LAW, SO THAT THE CITY MAY TAKE IMMEDIATE POSSESSION OF
SAID PROPERTY.
SECTION 3. THAT THE CITY ATTORNEY 15 HEREBY AUTHORIZED TO PAY THE
FEES OF EACH OF THE THREE CONDEMNATION COMMISSIONERS AND THE COSTS OF THE
HEARING BEFORE SAID COMMISSIONERS.
SECTION 4. THAT THE CITY ATTORNEY IS HEREBY AUTHORIZED TO TAKE THE
NECESSARY STEPS ACCORDING TO LAW TO APPEAL FROM THE AFORESAID AWARD OF THE
COMMISSIONERS AND TO OBTAIN A TRIAL IN THE COUNTY COURT TO DETERMINE THE
VALUE OF THE PROPERTY CONDEMNED AND THE DAMAGES, IF ANY, TO BE PAID TO THE
LAND OWNERS.
Ma
SECTION 5. THE FACT THAT THERE EXISTS THE NECESSITY FOR THE IMMEDIATE
ACQUISITION OF THE NECESSARY LAND FOR ACCESS ROADS TO AND FROM THE TULE LAKE
LIFT BRIDGE SO THAT THE AFORESAID PROJECT MAY BE COMPLETED AND THE BRIDGE PLACED
INTO SERVICE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CITY CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION 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, 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 PASSED AND
APPROVED THIS THE(17 DAY OF JUNE, 1959.
ATTEST: YOR
THE CITY OF C RPUS CH TI, TEXAS
Aq
CITY SECRETA ` //
APPROVED AS TO LEGAL FORM THIS((( ///
THE / DAY OF JUNE, 1959:
CITY A TO NEY
X�""' /Z 17S-7
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. Z 3 0
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
I
Director of Finance
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE
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, (,"THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER
RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS
INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
a�
LMAYOR
THE CITY OF CDR S CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE.
ELLRoY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.