Loading...
HomeMy WebLinkAbout06689 ORD - 11/07/1962JST:JKH:11 -5-62 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT FOR IMPROVEMENT OF A PROPOSED STREET IN OCEAN DRIVE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH L. L. HARRIS, JR., A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF -THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT FOR IMPROVEMENT OF A PROPOSED STREET IN OCEAN DRIVE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH L. L. HARRIS, JR.) A COPY OF WHICH CONTRACT IS ATTACHED HERETO, AND MADE`A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE AFORE- SAID CONTRACT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES- SITY 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 ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET- INGS 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PA E, IT IS ACCORDINGLY PASSED AND APPROVED THIS rHE_,L DAY OF 1962. ATTEST: MAYOR THE CITY OF CORPUS CHRIS , TEXAS CITY SECRET RY . 3 APPROVED'AS TO LEGAL FORM IS '_DAY OF 7a- ✓. , 1962: CIrY ATTORN Y F, 6GS9 • • i n � s � THE STATE OF TEXAS j COUNTY OF NUECES j THIS CONTRACT MADE AND ENTERED INTO BY AND iIETWEEN THE CItY or CORPUS CHRISTI* HEREINAFTER CALLED 'CITY', AND L. L. HARRIS+ .JA.$ NOT JOINED HEREIN.SY HIS WIFE FOR THg REASON 'THAT THE LAND INVOLVED CONSTITUTE$ NO ,PART OF HIS HONEST£AO, HEREINAFTER CALLED 'WNER"i I# THE FOLLOWINq: WHEREAS, SAID OWNER DESIRES TO'HAVE CONSTRUCTED UPON THE HEREINAFTER DESCRiDED PREMISES IMPROVEMENTS ON SAID OREM SE3 AND ON THE STREET ABUTTING AND ADJACENT THERETO* IN ACCORDANCE WITH STANDARD CITY SPECIFICATIONS NOW ON 'FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY or CORPUS CHRISTI, WHICH SPECIFICATIONS ARE SPECIFL- CALLY MADE A. PART 'HEREOF. SAID IMPROVEMENTS *HALL CONSIST OF GRADING, CONSTRUCTING,AND LAYING PAVEMENT CONSISTING OF 3tORM SEWER INCLUDING 15" AND 18' PIPE* INLETS AND MANHOLE3* MEASURING '28 FEET FROM ucx OF CURB TO '.MACK OF CURD WITH 6° CAC:ICNE*: BASE AND A TWO- COURSE ASOHALT _ SURFACE TREATMENT; Joy ROLLED TYPE CURBS AMD F4GR »FOOT SIDEWALKS, TO BE INSTALLED AND CONSTRUCTED BY THE, CITY dF CORPUS!CHRISTI IN COMPLIANCE WIiH�OWNER?.S REQUEST.. SAID IMPROVEMENTS ARE TO ,SE. MADE BY DOING ABOVE DESCRIBED WORK AND F,URNISH!NG THE MATERIAL THEREFOR ON THE STREET ABUTTINR'AND ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY BELONGING TO OWNER IN THE CITY Or CORPUS CHRISTI,'NUECES COUNTY, TEXAIj BEING THE NORTHEAST 76.251' OF LOT 10, BLOCK 3r OCEAN DRIVE ADDITIONS IN THE CITY OF CORPUS 'CHRISTI, NUECES COUNTY, TEXAS. SAID PAVING TO BE LAID ON AN EXTENSION' Of UNIVERSITY PLACE ALONG THE ALLEY RUNNING THROUGH BLOCK THREE W OF OCEAN DRIVE ADDITION TO THE CITY OF CORPUS CHRISTI, TE %AS, FROM KENTNER STREET TO THE NORTN� EAST BOUNDARY LINE or LOTS SEVEN (7) AND THIRTEEN 0 3) OF SAID BLOCK. NOWT THEREFME, CITY HEREBY AGREES WITH OWNER THAT* AFTER ALL OF THE OWNERS OF LOTS IN BLOCK THREE (3) of OCEAN DRIVE ADDITION# OTHER THAN THE LOTS ABUTTING ON OCEAN DRIVE, SHALL HAVE CONSENTED TO THE RCPLATTINO OF 3*10 BLOCK AND EACH OF SAID OWNERS HAVE DEDICATED NOT LESS THAN 'A TWENTY -FOOT STRIP ON EITHER SIDE OF SAID ALLEY SUFFICIENT' TO EXTEND UNIVERSITY PLACE THROUGH SAID BLOCK FROM KeNTNER STREET TO THE NORTHEASTERN BOUNDARY LINE Or LOTS SEVEN (7) AND THIRTEEN (13) Of SAID BLOCK AND) AFTER .EAEH;AND ALL OP 'SAID OWNII;S OF PROPERTY ABUTTING ON. SAID 'PROPOSED EXTENSIOH or UNiVER31TY PLACE HAVE ENTCRED INTO AGREEMENTS SIMILAR, TO THIS ONE 'OR HAVE PLACED IN` ESCROW WuN THE CITY OF CORPUS CHRISTI THE SUM OF' TEN DOLLARS 010.00) PER LINEAR FOOT THAT TIIE'PROPERTY ABUTS ON.EAIO PROPOSED EXTEN3IG11 . OF UNIVERSITY - PLACE+ THEN THE .CITY WILL, WITHOUT UNNECESSARY DELAY, CONSTRUCT SAID ABOVE 09SCRISED #AVBMEHT ON SAID 'ARUTTI`NO AHD .ADJACENT STREET$ PERFORMING. ALL THE LABOR,AND FURNISHING ALL THE HATERIAL YO BE USED, AND PAYING - ALL .EXPENSES INCIDENTAL TO SUCH LABORj, AND THE FHRNI3HIHG DF SUCH MATtR1AL, INCONSIDERATION THEREFOR, OWNER AGREES} NiHOS AND OBLIGATES MIMStLF TD PAY TO THII ORDER OF THE CITY OF CORPUS CHRIST!, TEXAS, THE SUM OF SEVEN HUNDRED SIXTY -TNO AND �0 /iOO (#762.5O) DGLLARS'.BAID SUN TO OE PAID IN FULL WITHIN THIRTY (30) DAYS AFTER THL COMPLETION OF THE WORN. IF SAID SUN I'S NOT PAID WITHIN THIRTY (30) DAYS, THEN OWNER SHALL BC IN DEFAULT OF HIS PAYMENT AND* At 'THE OPTION OF THE CITY, THE CITY NAY INSTITUTE SUIT UPON THE PERSONAL ObLtQATION or THE OWNER AND TO FORECLOSE ITS LIEN. AS HEREINAFTER PROVIDED3 BUT THE FAILURE OF THE CITY TO EXERCISE ITS OPYit1N.UPON OEI~AULT BY OWNER: -$HALL NOT ACT .AS.. A WAIVER OF ANY RIGHTS OF THE CITY OR ANY 0541GATiONS OF THE OWNER NOR SHALL. THE SAME IN ANY WAY AFFECT THE LIEN At HEREINAFTER PROVIDED, IF SAID AMOUNT IS NOT PAID IN FULL. WITHIN THIRTY ,00) DAYS AFTER THE COMOVET16N OF THE WORK) THEN THE OWNER .SHALL PAY TO THE CITY INTEREST AT THE R[TE Ot FIVE PERCENT PER ANNIM ON THE UNPAID BALANCE, TO'BEGURE,THE MAYHENT OF SAID IHDEbTEDNEiiy OWNER HERESY GIVES AND GRANT$ A NECHAMICIS AND MATBRIALUAN's LIEH ON $A to ABOVE. DVXCRISED PROPE*Y.j.AND ALL BUILDINGS AND IMPROVEMENTS 14OW THEREON.* AND WHICH HEREAFTER MAY 8E PLACED THEREON. FURTHER TO SECURC.THE PAYMENT OP SAID INDENTEDNFSS, OWNER HEREBY GRANTS, BARGAINS, SELLS AND CONVEYS SAID ABOVE OESCRIBCO PREMISES TO THE CITY OF CORPUS CHRISTI. *.ITS SUCCESSORS AND ASSIGNS: TO HAVE AND TO HOLD SAld PREMISES, TOGETHER WITH ALL AND SINGULAR THE RiOHTSJ HEREDITAMENT$ AND APPURTENANCES NOW OR HEREAFTER • AT ANY TIMES lEFORE ".FORECLOSURE HEREOF IN ANYWISE APPERTAININ6� OR 5CLONO- INO THERETO) ONTO THE CITY OF CORPUS CHRISTIt ITS 3UCCEOSORS AND ASSIGNS, If SAID INDEBTEDNESS 09 PAiOp PRINCIPAL AND INTEREST, ACCORD)N9 TO THE TERNS OF THIS CONTRACTS 'AN* Of ANY NOTE REPRElENTIN0 SAID INVESTED- RES$$ OR OF ANY NENEWAL AND EXTENSION OR PARTIAL RENEWAL AND EXTENSION TFIEiI£G:'; 'THEN THIS CONVEYANCE SHALT. RECONL, NULL AND YO10, AND THIS INSTRUMENT SHALT. Ot RELEASED Al THE COST OF OWNER, OUT IN CASE OF FAI L.tfRt TO RAY JAID I NDEOTEDIIBSS OR ANY PART, THEREOFA ,PRI NC I PAL OR INFERESTI WHEN 'DUE, THEN OWNER HEII£$Y FULI.,`Y AUTHORISES AND EMPOWER& SAID CITY OF CORPUS CHRISTIS ITS "IUCCESSORII AND ASSIGNS, AtTjVQ FOR iT3ELF OR TNEN3E0VESjt OR pY AND'THRONGH "ATTORNEY OR AQENY TO BE All- .,POINTED IN WRITiMd'ilY IT OR by IT* SUCCESSOR& OR ASSIGNS, AT AMY TIME ' AFTER DEFAULT TO SELL s^iD PROPERTY TO THE NICHE &T 111ODER FOR CASH § - AT' " :TH6 PLACE AND IN THE MANNER AND AFTER 41YINQ NOTICE AS REQUIRED 9Y LAW (N MAKING SALES UNDER OEEO,S Of TRUST, IT It AGREED THAT If SUCH SUCCESSOR OR ASSIGN SE ,A CORPORATION,,_AN ATTORNEY OR AGENT TO SELL SA)O PROPERTY NAY' SE APPOINTED DY THE PRESIDENT OR ANY YICE.PREeIDENT or THE CORPORATION, THE APPOINTMENT TO BE ATTESTED by ITS SECRETARY OR. ANY ASSISTANT SECRETARY, OR 3Y ITS CASHIER, OR ANY ASSISTANT CASHIER, IN THE EVENT OF AND AFTEN SALE At AFORESAID* THE MlY,ITS SUCCESSORS OR . ASSIGNS, ITS CA THEIR'AtTORNEY. 09 AGEMTj ACTINR:UNDER APPOINTMENT AS - AFORESAID, SHALL.MAI(C AND .DELIVER .'TO THE PURCHASER OF SAID MENIS93 A DYED CONVEYING SAKI PROPERTY, IN FEE SIMPLC$ ANO SHALL RECEIVE THE PROCEEDS OF SAID SALE," TOSS APPLIED A$ FOLLOWS? FIRST, TO.THE PAYME47 OF THE PROPER WENSES OF MAKING' THE SALE; SECOND, TO THE PAYMENT OF SAID INDESTEONES$� TOGETHER WITH ALL INTEREST AC"UED THEREON,. AND THE REMAINDER, IF ANY, TO 'III :PAfO TOC Tiff, OWNER OF HIS AS334ANS, IT 13 AGREED THAT THE HOLDER OF SAID:INOEBTEONES9 AT THE TINE OF buCN FORECLQSURE SHALL HAVE THE 014111 TO OCCOMETHE PURCHASER AT SUCH &ALE IF HE OR IT SE 114E HIGHEST ON SEST $IODER. OWNER fiNDS ?IINSE r THAT HE WILL IIURRENOER TO. THE PURCHASER AT SUCH SALE IMMEDIATE CONTRbL AND 00556S9fON OF SAID PROPERTY PURCHASED OY SUCH PURCHASER, . AND IM DEFAULT THERECFy. HE SMALL BE, TENANT AT SUFFERANCE OF 30CH -. PURCHASER.* R£tI0VA9LE AT rHtl LATTERIt! Wlll BY'"FORGIBLE DETA►NER PRO - CEEOiHAS OR BY ANY OTHER LEGAL PROCEEDINGS. IN THE EVENT OF THE DEATNJ INABILITY, REFUSAL, OR FAILURE OF AN ATTORNEY OR AGENT AP- 'POINTED As ABOVE PROVIDED TO AETy THE MOLOER Of SAID INDCOTEQNES$ MAY APPOINT ANOTHER AGENT OR ATTORNEY'VITHOUT ANY OTHER FORMALITY THAN A DESIGNATION IN WRITING, AND AAMCITATION.THEREIN OF THE REASON. FOR THE SUBSEQUENT AP.POINTHENT'IHALL'BE TAK$N BY ANY AND ALL COURTS AS PRIMA FACIE EVIDENCE OF THE FACTB: AND SUCH RECITAL SHALL.BE AC+- C£PTED AS. PROOF THEREOF. $HOULO UfIIICR PA11 TO KEEP ANq PERFORM ANY OF 'THE ABOVE RECITED AGREENENT,- THEREUPON ANY'OWNER3'OF SA)D INDEBTED- NESS AT THE TIME OF SUCH DEFAULT$ AT ITS OR Hit OPTION, MAY DECLARE ALL THE IHOESTEONESS THEN OWlN4+ TOGETHER.'WITO ACCRUED INT£RESTp DUE AND PAYABI.Eq A06 MAY PRQCE9D TO FORECLOSE SUCH LIEN IN THE NANHER ABOVE PROVIDED OR SY FOREeLDBURE SUIT. THE CONTRACT IS EXECUTED AND DELIVERED iBOORE ANY, LABOR OR MATERIAL FOR THE CONSTRUCTION OF #Al:O: IMPROVEMENT$ HAVE BEEN PERFORMED OR FURNISHED. OWNER FURTHER: AGREES THAT THIS MCCHANI CIS, AND MATERiALMAWd LIEN CONTRACT SHALL tit A COVENANT RUNNING WITH THE LAND. WITNESS OW SIGNATURES, .THISaVNE- ,,,DAY OF--- , 7962. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY CITY MANAGER. - - APPROW) AS TO LCGAL'FORPI THIS __„w,_UAY OF 7962: CITY ATTORNEY L, L, FIARRI ;� JR. THE STATE OF 'TEXAS cMWW OF NUECE3 BEFORE ME$ THE UNDEASIGNEO AUTHORITYy ON THIS DAY PERSONALLY' APPEARED HERBERT W. WHITNEY, CiTV MANAGER OF THE CITY OF CORPUS CHRI.3TI,` T[XABS XNOV* TO 'NE TO BE THE PERSON WH03E MANE ii SUOSCAtSEO TO THE'PORr ODIN* INSTRUMENT AND ACKNDW =;a; YQ 1AE THAT NE EXECUTED THE SAME FOR THE PURPOSE!}. AND COWOCRATION THEREIN 9XPAE571ED} AND IN THE CAPACITY "gREIM STATED AND AS THE ACF AND PEED OF SAID CITY. GIVEN UNDER W HW AND .SEAL OF OFFICE, THIS 'THE E� DAY as 1962. .` ROTAW PUBLIC IN AND FOR .NUECES COUNTY$ ' TI: XAS THE STATE OF TEXAS COUNTY OF NUECE S - BEFORE: , THE'ONDERSIQHEO AUTHORITY$ A NOTARY PUBLIC IN AND FOR WD STATE AND COUNTY ' 'ON THIS DAY PERSONALLY APPEARED L, L, HARRIS' JR., KNOYN TO ME TO'IIE THE PERSbN WHOSE NAME 18, SUBSCRIBED TO,THEtORE- ,... C301NO INSTRUMENT$ AND ACKNOWLEDOED TO HE THAT HE EkECUYED THE SAME -Fall THE PURPOSES AND C9NSIAERA7.10N THEREIN EXPRESSED.. GIVEN UNDER W E AND SEAL OF OFF IC] THis THE,, DAY aF, _ 2. . KA - NOTARY PUB LIC iN .AND FOR . UECES OUNTY$. - TE XAs • x4v r� �. ., f.. y CORPUS CHRISTI, TEXAS / q DAY OF 4 19 C .0 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER / DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO V_ W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD f -JOSE R. DELEON P/ M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG ✓ s QO.ING INSTRUMENT AND ACNN646.D O OCO,, TO THAT HE EXECUTED THE 3ANE. FOR THE PURP030. AND CONSIDERATION THEREIN E9PRE33EDj AND IN TiJE CAPACITY TNCREIN OTATLD AND AS TH9 ACT AND PEED OF SAID 'CITY. GIVEN UNDER w HANG? AND SEAL OF OFFICE, SHiat' THE , DAY Of _ s 1962. ZTARY ROLIG. IN AND FOR NUECEi COUNjY$ TEXA3 THE STATE OF TEXAS COUNTY of Mxc S BEFORE I -.. THE, 'UNDERASaNEO AUTHORITY, A NOTARY PUaLtC IN AND FOR SAID STATE AND COUNTY) OH THI3 DAY PERSQNALLY APPMeo L. Ly HARRIS JR.) KNOWN TG Mt TO SE Irk PCR$Ota WHOSE NAME I5 lIUk18Gl3Iap TO THE: F01tE- GOING, INS19UI49NT* AND AtKNOVLEDCIED TO HE THAT Ht EXECUTED THE 3ANE raft THE PURP09E6 AND - CONSIDERATION THEREtN .EXPR£3$ED.. - GIVEN UNDER MY HAND AND SEAL OF OFFICE.. THi3 THE DAY of . 1962.: NoTARY.PUBLIC IN AND FOR Nuccas COUNTY, . - - TExA3. ..