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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.