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HomeMy WebLinkAbout05464 ORD - 08/12/1959BWS:J KH:8 -12 -59 AN ORDINANCE I AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO DISMISS AND SETTLE A CONDEMNATION SUIT HERETOFORE FILE D AGAINST W. J. R E TS AND L. R. CROC ETT, hIE OWNE OF A 0 AC _ T CT OF L D LOCATED ON SHELL ROAD, ADJACENT TO_THE CORPUS CHRISTI COUNTRY CLUB; PROVIDING FOR THE CONSIDERATION FOR SAID SETTLEMENT AGREEMENT; AND DECLARING AN EMERGENCY. --- Y- - - - -I WHEREAS, THE CITY COUNCIL DID BY ORDINANCE NOS. 4439 AND 4440 AUTHORIZE AND ORDER THE CONDEMNATION OF A 1.8 ACRE TRACT OF LAND BELONGING TO W. J. ROBERTS AND L. R. CROCKETT FOR ROAD RIGHT OF WAY PURPOSES IN CONNECTION WITH THE TOLE LAKE LIFT BRIDGE; AND WHEREAS, THE NEED AND NECESSITY FOR THE AFORESAID RIGHT OF WAY WAS FOUND AND DECLARED IN THE AFORESAID ORDINANCES, AND THE CITY ATTORNEY DID ON OR ABOUT FEBRUARY 2, 1956, FILE CONDEMNATION PROCEEDINGS AGAINST THE AFORESAID OWNERS, ACCORDING TO LAW, AND OBTAINED A HEARING BEFORE SPECIAL COMMISSIONERS APPOINTED ACCORDING TO LAW, WHO AWARDED THE SUM OF $12,700.00 TO SAID OWNERS AS THE VALUE OF SAID TRACT; AND WHEREAS, SUBSEQUENT TO THE AFORESAID HEARING BEFORE THE SPECIAL COMMISSIONERS, THE CITY, AFTER DEPOSITING THE SUM OF $12,700.00, THE AWARD OF THE COMMISSIONERS, TOOK POSSESSION OF THE AFORESAID 1.8 ACRE TRACT OF LAND AND HAS REMAINED I•N POSSESSION THEREOF CONTINUOUSLY SINCE THAT TIME; AND WHEREAS, DUE TO THE CHANGES IN THE FINAL PLANS OF THE TULE LAKE LIFT BRIDGE PROJECT AND THE BRIDGE REMOVAL AND RAILROAD RELOCATION PROJECT, THE SUBJECT 1.8 ACRE TRACT OF LAND WILL NOT BE NEEDED AND THE PERMANENT SOUTH APPROACH ROADWAY WILL NOT BE LOCATED ON SAID TRACT AS ORIGINALLY PLANNED, AND SAID TRACT IS THEREFORE NO LONGER NEEDED; AND WHEREAS, THE CITY NOW DESIRES TO RELEASE THE SUBJECT 1.8 ACRE TRACT OF LAND TO THE OWNERS AND TO MAKE NO FURTHER CLAIMS TO THE TITLE TO THE TRACT, AND IN ORDER TO DISMISS THE CONDEMNATION PROCEEDINGS NOW PENDING, IT IS NECESSARY TO COMPENSATE THE AFORESAID OWNERS FOR THE CITY'S POSSESSION AND USE OF THE SUBJECT TRACT OF LAND AND TO SETTLE SAID LAWSUIT AND THE OWNERS, W. J. ROBERTS AND THE HEIRS AND ESTATE OF L. R. CROCKETT, NOW DECEASED, ACTING BY AND THROUGH MRS. L. R. CROCKETT, 5464 • INDEPENDENT EXECUTRIX, REPRESENTED BY ATTORNEY, HAVE AGREED TO SETTLE ALL CLAIMS UPON TERMS SATISFACTORY TO THE CITY, THE PENDING CONDEMNATION PROCEEDINGS SHOULD BE SETTLED AND DISMISSED BY AGREED JUDGMENT% NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO TAKE THE NECESSARY LEGAL ACTION TO AFFECT A DISMISSAL OF THE CONDEMNA- TION SUIT HERETOFORE AUTHORIZED BY ORDINANCE NOS. 4439 AND 4440 BY ENTERING INTO AN AGREED JUDGMENT WITH THE AFORESAID W. J. ROBERTS AND THE INDEPEN- DENT EXECUTRIX OF L. R. CROCKETT, WHICH SAID AGREED JUDGMENT WILL PROVIDE FOR THE PAYMENT OF THE SUM OF $3,500.00 TO SAID OWNERS WHICH SUM SHALL BE FULL AND FINAL CONSIDERATION FOR THE CITY'S USE AND OCCUPANCY OF THE 1.8 ACRE TRACT OF LAND BELONGING TO SAID OWNERS, THE SUBJECT OF AFORE- MENTIONED CONDEMNATION PROCEEDINGS, AND ANY AND ALL CLAIMS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER GROWING OUT OF OR CONNECTED WITH SAID CONDEMNATION PROCEEDINGS OR THE CITY'S USE AND OCCUPANCY OF SAID TRACT OF LAND. SAID AGREED JUDGMENT TO PROVIDE THAT THE,CITY SHALL BE ENTITLED TO CONTINUE TO USE THE TEMPORARY ROADWAY THAT IS PRESENTLY EXISTING ACROSS THE SUBJECT 1.8 ACRE TRACT OF LAND AS AN ACCESS ROAD FOR CONSTRUC- TION AND ACCESS PURPOSES TO THE TOLE LAKE LIFT BRIDGE UNTIL THE PERMANENT ROADWAY ACROSS THE ROBERT E. BRENNAN TRACT IS IN SUCH CONDITION THAT IT MAY BE USED FOR ACCESS PURPOSES TO SAID BRIDGE. SAID AGREED JUDGMENT TO FURTHER PROVIDE THAT THE TITLE IS TO REMAIN TN THE AFORESAID OWNERS AND THAT THE CITY WILL HAVE NO FURTHER CLAIM TO SAID TRACT OF LAND FOR ANY REASON WHATSOEVER GROWING OUT OF OR CONNECTED WITH SAID PENDING CONDEMNATION PROCEEDINGS. IN ADDITION TO THE AFORESTATED CONSIDERATION OF $3,500.00 TO BE PAID BY THE CITY TO THE OWNERS, THE AGREED JUDGMENT SHALL ALSO PROVIDE THAT THE CITY WILL PROVIDE SAID OWNERS WITH A PIPE- LINE EASEMENT WITHIN THE ROAD RIGHT OF WAY ACQUIRED BY THE CITY OUT OF THE ROBERT E. BRENNAN TRACT AND THE L. L. WOODMAN AND FRANK EVANS TRACT OF LAND TO REPLACE THE 201 EASEMENT THAT SAID OWNERS PREVIOUSLY HAD ACROSS THE L. L. WOODMAN AND FRANK EVANS TRACT OF LAND, WHICH SAID 20' EASEMENT -2- .Y • NO LONGER EXISTS BY VIRTUE OF THE CITYIS ACQUISITION OF RIGHT OF WAY OUT OF THE L. L. WOODMAN AND FRANK EVANS TRACT. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE THE NECESSARY EASEMENT TO AFFORD SAID OWNERS SAID PIPELINE EASEMENT. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO TAKE THE NECESSARY ACTION TO ALLOW SAID OWNERS TO WITHDRAW THE SUM OF $3,500.00, THE CONSIDERATION FOR THE AFORESAID SETTLEMENT AND AGREED JUDGMENT, FROM THE DEPOSIT THAT THE CITY PREVIOUSLY MADE AND NOW HELD BY THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AND TO SECURE A REFUND OF THE REMAINING MONEYS ON DEPOSIT. SECTION 3. THE IMMEDIATE NECESSITY OF SETTLING AND DISMISSING THE CONDEMNATION PROCEEDINGS NOW PENDING BEFORE THE COUNTY JUDGE OF NUECES COUNTY, TEXAS, BY AN AGREED JUDGMENT MUTUALLY SATISFACTORY TO BOTH PARTIES AT A TIME WHEN SAID PROCEEDINGS MAY BE SETTLED UPON SATIS- FACTORY TERMS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE 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 d /"DAY OF AUGUST, 1959• A /T /T£ST V � CITY SECRETl Y (/ THE CITY'bF CORPUS CHRISTI, TEXAS C APPROVED AS TO LEGAL FORM THIS DAY OF AUGUST, 1559: CITY ATTORNEY i r OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED' OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, tTHE e CITY OF CORPUS C THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING -( / JAMES L. BARNARD CL-1 I MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING OTE: ELLROY KING j JAMES L. BARNAAD \7 / MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GAGE LOZANO� SR. � p L