The URL can be used to link to this page

Home My WebLink About05729 ORD - 04/06/1960JAW:AH: 4 -6 -6o • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT SUBORDINATING A SEWER LATERAL MECHANIC'S LIEN, RECORDED IN VOL. 140, PAGES 350 - 352,.MECHANIC'S LIEN RECORDS, TO DEED OF TRUST FROM J. R. STEEN ET UX TO WILLIAM F. WALLACE TRUSTEE, FILE NO. 551020, DEED OF TRUST RECORDS, NUECES COUNTY, TEXAS, A COPY OF WHICH SUBORDINATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, CITY OF CORPUS CHRISTI FROM TIME TO TIME EXTENDS PORTIONS OF ITS SEWER SYSTEM, PROVIDING TAPS AND CONNECTIONS THERETO, AND LABOR NECESSARY THEREFOR, TO SERVICE RESIDENCES WITHIN THE CORPORATE LIMITS FOR SUMS CERTAIN AS PROVIDED BY ORDINANCE, TAKING PAYMENT THERE- FOR IN FORM OF A NOTE SECURED BY A MECHANIC'S LIEN UPON THE SAID PROPERTY TO BE SERVED; AND WHEREAS, THE SAID SEWER LATERAL MECHANIC'S LIEN IS NORMALLY A SECOND LIEN, BEING FILED SUBSEQUENT TO A DEED OF TRUST EXISTING ON SAID PROPERTIES TO BE SERVED; AND WHEREAS, J. R. STEEN AND WIFE, DELLA J. STEEN, AS OWNERS OF LOTS 15 AND 16, BLOCK 7 WOODLAWN ESTATES, TO WHICH PROPERTY A SEWER EXTENSION WAS MADE, EXECUTED ON MARCH 14, 1960, A SEWER LATERAL MECHANIC'S LIEN SECURING A DEBT IN THE AMOUNT OF $14o.30, PAYABLE TO THE CITY OF CORPUS CHRISTI, AND WHICH LIEN WAS RECORDED IN VOL. 1$6, PAGES 350 -352, MECHANIC'S LIEN RECORDS; AND WHEREAS, THE SAID MECHANIC'S LIEN BY THE CITY WAS FILED PRIOR TO THE FILING OF A DEED OF TRUST BY SAID J. R. STEEN AND WIFE, DELLA J. STEEN, TO WILLIAM F. WALLACE, TRUSTEE FOR THE UNITED SAVINGS ASSOCIATION, BECAUSE THE CITY WAS NOT NOTIFIED THAT SAID DEED OF TRUST HAD NOT PRE- VIOUSLY BEEN FILED OR WAS INTENDED TO BE FILED; AND WHEREAS, THE UNITED SAVINGS ASSOCIATION DESIRES THAT THE SAID MECHANIC'S LIEN BE SUBORDINATED TO ITS DEED OF TRUST SO THAT CERTAIN FUNDS HELD IN ESCROW CAN BE RELEASED TO THE BUILDER OF THE IMPROVEMENTS ON THE PROPERTY DESIGNATED HEREIN AS LOTS 15 AND 16, BLOCK 7, WOODLAWN ESTATES; AND 5 ".23 0 - - , . 0 WHEREAS, THE DEBT OWED THE CITY WILL STILL BE AMPLY SECURED EVEN IF THE SAID MECHANICS LIEN IS SUBORDINATED TO THE SAID DEED OF TRUST TO WILLIAM F. WALLACE, TRUSTEE: 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 EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A SUBORDINATION AGREEMENT TO WILLIAM F. WALLCE, TRUSTEE FOR THE UNITED SAVINGS ASSOCIATION, SUBORDINATING THE SEWER LATERAL MECHANIC'S LIEN OF THE CITY OF CORPUS CHRISTI FROM J. R. STEEN AND WIFE, DELLA J. STEEN, RECORDED IN VOL. 148, PAGES 350-352, MECHANICS LIEN RECORDS, NUECES COUNTY, TEXAS, TO THAT CERTAIN DEED OF TRUST FROM J. R. STEEN AND WIFE, DELLA J. STEEN TO WILLIAM F. WALLACE, TRUSTEE FOR THE UNITED SAVINGS ASSOCIATION, FILED ON MARCH 29, 1960, UNDER FILE N0. 551028, FOR RECORDATION IN THE DEED OF TRUST RECORDS, NUECES COUNTY, TEXAS, A COPY OF WHICH SUBORDINATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT CERTAIN FUNDS ARE BEING HELD IN ESCROW BECAUSE OF THE PRIOR FILING OF THE SAID MECHANICS LIEN, AND THE FACT THAT THE CITY WILL BE AMPLY SECURED EVEN WHEN SUBORDINATED TO THAT CERTAIN DEED OF TRUST TO WILLIAM F. WALLACE, TRUSTEE, 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 OF ITS INTRODUCTION AND THAT SUCH ORDI- NANCE 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE D AY OF APRIL, 1960. A 7#T MAYOR C TY SECRYARY THE CIT 0 CORPU HRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS 6TH DAY 'F APRIL, 1960: CITY A TORNEY SUBORDINATION AGREEMENT THE STATE, OF TE7(AS ,COUNTY OF NUECE5- '. WHEREAS,. J. R. STEEN AND -- .WIFE -OELLA J. STEEN, ARE THE OWNERS Of - - -' - - - A CERTAIN TRACT OF. REAL, ESTATE LOCATED IN- NUECES COUNTYi,TEXAS, AND BEING. - -- PARTICULARLY DESCRIBED AS LOTS 13 AND 16,- BLOCIL 7, OF WOODLAWN ESTATES, -- - .� -A SUBDIVISION or-THE CITY OF CORPUS CHRISTI, AND SAID.PARTIES ON.ORABOUT THE 14TH DAY OF MARCH, 1960i EXECUTED :A SEWER LATERAL14ECHANitCIS- -LIEN IN - FAVOR OF THE CITY OF CORPUS CHRISTI SECURING -.A DEBT IN THE AMOUNT OF -' $1+6.30, AND WHICH SAID-SEWER-LATERAL MECHANICS LIEN IS RECORDED IN YOL..148$ PAGES 3550 -352, HECHANICIS LIEN RECORDS, NUECES COUNTY, TExAS;- - AND! -- WHEREAS, THE SAID J. R. STEEN AND WIFE, DELLAJ. STEEN, EXECUTED -. - -- - A DEEDOF_TRUST, COVERING LOTS 15 AND - -16, BLOCK 7, OF,WOODLAWN ESTATES, TO, - - - WILLIAM F..WPLLACE� TRUSTEE FOR THE -- UNITED SAVINGS ASSOCIATION, WHICH WAS FILED Oil MARCH 29, 1960, UNDER FILE No- 551028 FOR RECORDATION .IN -THE DEED OF TRUST RECORDS, OUT SUCH..WAS FILED SUBSEQUENT TO THE OATE:OF FILING AND RECORDATI.ON OF THE SAID SEWER LATERAL MLCHANICIS LIEN IN.FAVOR -OF THE .'CITY , -j OF CORPUS CHRISTI; AND WHEREAS, THE CITY COUNCIL OF THE CITY Or CORPUS CHRISTI PASSED .: ORDINANCE NO. PUTHORIZIGG AND OIRECTING THE CITY MAMAGER TO EXECUTE. I THIS SUBORDINATION AGREEMENT: - - it THEREFORE, THE.CITY -OF CORPUS CHRISTI . -A MUNICIPAL CORPORATION, FOR AND IN CONSIOERATION OF THE SUN OF ONE DOLLAR ($1.00) IN HAND PAID TO u.- US THIS DAY BY WILLIAM F. WALLACE,':TAUSTEE FOB. THE UNITED SAVINGS ASSOCIATION, ' -- -- - DOES HERESY SUElaRDINATE.THAT CERTAIN SEWER LATERAL MEGHANIC,'S LIEN FROM - J. R. STEEN AND WIFE, DELLA J. STEENi IN FAVOR OF THE CITY OF CORPUS. CHRISTI# AS RECORDED IN VOL. 148,. PAGES 350 -352, MECHANICIS LIEN RECORDS OF NUECES - COUNTY, TEXAS, TO THAT CERTAIN DEED OF TRUST FROM J. R. STEEN ANO WIFE, -.: DELLA J. STEEN, -.TO WILLIAM F. WALLACE, TRUSTEE FOR.-THE UNITED SAYINGS ASSOCIATION, FILED MARCH 29,_1960, UNDER FILE NO. 551028, FOR RECORDATION -- .. IH THE DEED or TRUST RECORDS OF. NUECES- COUNTY., TEXAS. - I' Ti Jr f�� 1 j --, 7 �, ._� v {7. r _ - I N ^,V I t # i F d -, ltd Y k, h l� �` t t ' �,. l� r d ft ti a f �5 �'� rr- r.'- " , 3'�;,r g :i yr +l t4 u� }, ''I _ v' ' i r -.1 t I - st'. iT T' ' ' OAC 6FT !Ali! `� .r r ,'%� Y ,, , t F , !¢ 1 r ,, :i j A f . LIfDLtfp HliliLYA {T1f IfwQL � t #- r ci st TAR*f ,I - P v � ;gyp' -AS 'f0 CEXiAI i0t 7iit� . `, ; �' 1 ,, .s 1. g. iii,,, ,DAYS L t t a 1 .. a ,r ." _t I "` r F s -.', r �yT I n } i.. , r a µ N 11 9TA1E QF T� r ry w k ., ry - t ti f ,r , k� rr�� 1-1 i '. � 3.- . i I h'+' q j • - ,' .., 1 Lam '.. 1 "' ' � S •# ' , -11 �f_ ti' x WF }f,! fk� 6HURAIpf¢D ,MTHO'Rt'V QIL Tito DRY FEif'J 'M-LT w € +- m /sY> ►RiR: 'H4!IbLAT �I i1Fk t1C4Ct''Ci;tY MAAIQtR OP TM> i7?l.''pR CARS {s13Tf� a, b P ,, l ., �XA9A .'k fq}ICJ Al FONMTIDN�' IfYsIYJt -'?f0 pE ttY OL 7Nt '►L1{!ON "AHD, t tCR� 1MO�A AAME fb fiiASCRt i ' i TO tfl> rbMtf%OfJW (*"lw �6{Pf AAD ACLM r ! . ilyf LODL_ _ z R c :f1i tAAY lrt EXLtulii ii -iARi o'' 11CT AMD -b Q 0 `SAID C ITT, ;o -cAiivI ►OR T1wE' P1fRP¢E£A AND ZOMSfDE{fAY{�l T11tRtlH Cit tED;MHO fi ,w ' n» ° .' ` CA/A64 7`I* _ 4 ;TA76D. � cfi J7 d -y °� li,u" 41�- ��'D A��.,� Q '�CEF TH{Q!= 'PME�r DAY w `4 -_i ... F� `a 4 ' _ .l: ut t'y, V r a z' z , ' " rg ND(ARY �uRt:lC (M A110 F NltE�,tJ! C0;10" i; 11 $' ., it- f TEXAS 7 r _f" ' ti I.Vo y i e- ,� u e K s i r t >, = F ,.a s s k `S + - 4y i' r x r r f ,!_ t r tr v :t" rt5 ,,, Y , w i ''s t � -' { �� ,� f t, i 4 _ i _- } I P k - ) h i 4 f '� 1. r d � n+ - - i �. _ ? r ws �jt 1. P h k` 3 P Y d ' l } # r d ' ,yy k i- F < r _ ` ,q a id y ," ,� _ _ _ k " r a vs ' c r v '' , { { k ; '. a K". f • CORPUS CHRISTI, TEXAS 1 DAY OF 19_�2 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY YOR THE CITY O C RPUS CHRI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE 1 R. A. HUMBLE n GAB& LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOV7 NG VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE \ GABE LOZANO, SR. p