HomeMy WebLinkAbout06776 ORD - 01/23/1963•
JKH:1 -23 -63
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
G. C. KENYAN, 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
G. C. KENYAN, A COPY OF WHICH CONTRACT 15 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 PASSA
.3 DAY OF
ATTEST:„--\
C
CITY SECRETARY
IT IS ACCORDINGLY PASSED AND APPROVED THIS THE
1963.
R Pro- em
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
Q.34 DAY OF JANUARY, 1963:
2 2
,44,'CITY ATTORNEY
6776
THE STATE
0 JN Y OF
THIS CONTRACT MADE AND ENTERED INTO DY AND DE ?wEEFI THC Ci1'Y of
CCRPUS.CNRIJTI, HEREINAFTER CALLED 'VITY °, AND G. C. KBNYAN,:NOT JOINED
HEREIN,DY HIS WIFE FOR THE REASON THAT THE LAND INVOLVED CONSTITUTES
NO PART of HIS HOMEIMAD, HEREINAFTER CALLED "OWNER", IS THE FOLLOWING
SAID OWNER DESIRES -TO HAVE CONSTRUCTED UPON THE HERE
INAFTER DESCRIBED PREMISES impRpvemekton lIAIP PREMISES AND ON THE STREET
ABUTTING AND ADJACENT THERETO, 1N ACCORDANCE WITH:$TANDARD CITY BPECIFICA+ '. •
SONS NOw ON FILE al THE OFFICE OF THE DIRECTQR of PUBLIC WORNB OF THE
CITY;OF CORPUS CHRISTI, WHICH SPEtlrICATIO4 ARE SPECIFICALLY MADE A .
PARTNEREOF. SAID IMPROV.MENTS $HALO CONSIST or GRADING, CONSTRUCTIND.
AND LAYING PAVCMCNT CDNSISTINEI OF I ;TORM SEWER INCLUDIN@ 15" AND 18" P;PB,
•
INLETS AND MANHOLES, MEAMURIRO 0 FEET FROM SACK OF CURD TO SACK OF CURD
WITH 6" CAI.ICHE. HAS£ AND A. TWO- COURSE ASPHALT SURFACE TREATMENT; $" ROLLED.
TYPE CURDS AND FOUR^EDOT oIDEWALKS,,TO.13E iN$TALI:.1D AND CONSTRUCTED BY
THE CITY OF CQRPUS CHRISTI IN COMPLIANCE WITH OWNER'S RECU8$T.
SAID 1M-
P<1OVEM5NT,8 ARE 10, MADE By' DOINfl -ASQVE DESCRIBEDWORK. AND FURNI.SHINQ
THE MATERIAL, THEREFOR ON THE STREET *BUTTING AND ADJAcENT,TO THE FOLLOWING
DESCRIBED PROPERTY'BELQND1Nd • TO OWNER IN THE CITY
NuCCED CO„ NTY,'TExA$
F CORPUS CHRISTI,
StiN4 THE SOUTHWEST 272.54 OF THE NORTHWEST HALF
OF BLOCK 3, OOEAN DRIVE` ADDITION, A$ THE BLOCK WAS
DIVIDED BY A 10t ALLEY SHOWN ON THE ORIGINAL PLAT,
AND BEING SOUNDED ON THE NORTHWEST DT PALMETTO .
STREET, ON THE SOUTHWEST, BY KCNTNER STREET, ON THE :.
SOUTHEAST BY SAID 101 ALLEY, AND ON THE MORTNEA8T
S'Y A LINE 72.554 SOUTHWEST OF THE NORTHEAST LINE OF
THE ORISIRAL LOT. 11, BLOCK 3, OCEAR DRIVE ADDITION;
AIR PAYING TO OE LAID ON AN EXTENSION OF ONIVERSITY PLACE ALONG:.
THE ALLEY ROSINS THROUGH BLOCK. THREE (3) cF OCEAN DRIVE ADDITION TO THE
CITY OF CORPUS CHRI.RYI, TEXAS, FROM KENTNER STREET TO THE NORTHEAST
BOUNDARY LINE OF LOTS SEVEN (7) AND THIRTEEN (13) OF SAID SLICK.
THEREFORE , CITY HERM( 400c£S WITH OWNER THAT, AFTER AL.L
OF THE OWNERS. OF LOTS IN BLOCK THREE (3) of OCEAN DRIVE ADDITION, OTHER
THAN THE LOT$ ABUTTING ON OCEAN - DRIVE, $HALO HAVE CONSENTED TO THE RE -,-
PLATTING QF SAID .BLOCH AND EACH OF $AID OWNERS HAVE,bEDICATED HOT LCS$
THAN A TWENTY -FOOT STRIP ON 'EITHER SIDE. OF.SAID ALLEY. $UFFICIElti7T; TO
E1C7gNO UNIVERSITYPLACE THROUGH $A1D.OLQCK FROM KENTNER STREET TO THE
NORTHEASTERN BOUNDARY LINE OF twig SEVEN (7) AND THIRTEEN-03) Of SAID
4LOCK AND,,,AFTL+R EACH ANO ALL OF SAID OWNERS OF PROPERTY .ABUT3:ING ON SAID:
PROPOSED EXTENSION OF UNIVERSITY PLACE. HAVE ENTERED INTO ADREGMENTS
$JMILAR TQ THIS'ONE OR HAVE PLACED IN ESCROW WITH THE CITY Of CoRPus
CHRISTI THE SUM OFTEN DOLLARS (t1O.QO) PEN LINEAR FOOT THAT THE.PRDPERTY
ABUT$ ON SAID PROPOSED EXTENSION OF-:IJN)V£RBITY PLACE„ THEN THE CITY 04.4y.
WItfOUT UNNECESSARY DELAY, :CONSTRUCT SAID 'ABOVE DESCRIBED PAVEMENT ON
SAID ABUTTING AND ADJACENT STREET, PERFORMING ALL THE LABOR AND FURiVISH -..
HG pill„ /oo MATERIAL TO tilt. -U8EDD AND PAYINQ,AIL EXPENSES INCIDENTAL TO
SUCH LA$ON, AND 7HE:p'URNISHIMA OF SUCH HATERIAL. UN CONf41DERATION THERE-
FOR, OWNER AGREES, BIf'ID9 AND OBLIGATES'I HIMSELF TO PAY TO THE ORDER OF THE
Ca1Tii RF CORPUS CHRISTI, TE£xA$3 THE SUR OF Two ThOQsA*w 5 VEN HtNONR0
iwENTT FIVE AND NO /100 {42/725400} Dowdalse $A40 SUM to QE+ PAID' IN. FULL
wrVNIH TNIRTY i3Q) DAYS APTEt$ THE COMPLETION OF THE WORK. IF 0Alp'IiUH
IS rJ0 PA10 WITHIN TIIIRP 130) bAY4$ 'THEN OiiNER SHALL BIi iN [3L"FA04.i OF
101 eATNtOT ANk, AT THE OPTION OF THE I.ITYp 1HE CITY NAY INSTITUTE SUIT
UPON THE PER40NA4 04IGAtIDN -0 THE !OWNER ANO 70 FORLG40$E -IT Tt LIEN As
HEREINAFTER ono DEA; OUT THE FAILURE or THE COT TO EXERCISE 1¢$ 00110N
UPON oEPAuL7.HY OWNER SHALL NOT ACT_' A* A wAIVCR OF ANY RIGHTS Of' THE CITy:�,
ANT OBLIGATIONS OF'THg QWNR NOS SHALL THE SAME IN ANY wAY AFF`EC7' THE
IIN AO H8R1rmkt-tot PRptiLDEDI IF 03AID AMOUNT IS N01 PAID IN FULL WITHIN
THIRTY (50) (SAYS AFTER: THE COMPLETION OF TNE'VORN4 'night TNC IWPIB:C SHA4t�
PAY TO THE Ci7Y HTEREBT AT 7HE RATE'0F PIPE P@RGEHT CZ) PER ANNUM ON .
. THB UNPAID DALANCEi
To SECURE THE PAYNUNT OF SAID. INDEBTEDNESS" OWNER HSRE$Y - -GIVES
AND GHANT9 A M CHANIC'S AND MATER1ALMANIS LIEN ON THg BOUTHCAST ONE -HALF
OF THE TRACT ABOVE DESCRIBED, BEING THE ONE -HALF WHICH WILL FRONT UPON THE
PROPOSED ES-TENSION OF UNIVERSITY DRIVE,.ANO BEING SOUNDED ON' THE NORTHWEST
GY A LINE .140.! FROM THE SOUTH PROPERTY LINE OF PALMETTO STREET, AND ALL
B UILDINGS AND IMPROVEMENTS NOW THEREON, AND WHICH HEREAFTcR MAY 6E PLACED
THEREON..
FURTHER TO SECURE THE PAYMENT OF SAI,O INDEBTEDNESS, QWN£R
HERESY GRANTS, ,BARGAINS, SELLS AND CONVEYS SAID AEOVE AE$CRIDUD PREMISES
TO THE CITY OF CORPUS. CHRISTI, ITS SUCCESSORS ArND ASSIGNS..
T4 HAVE AND Ta IJOLD,SA -iW PREMISES, TOGETHER 411TH ALL ANA SINGULAR
THE RIGHT&,:HEREDITAMENT'S AND APPURTENANCES NOW :OR,HEREAFTER AT ANY TIME
BEFORE FORECLOSURE HEREOF IN ANYWISE APPERTAINING OR DELOUSING THERETO,
U NTO THE CITY OF CORPUS CHRISTI, ITS SUCCESSORS AND ASSIGN$.
IF SAID INDEBTEDNESS SE PAID, PRINCIPAL AND INTERESTS ACCORDING
TO THE TERMS OF THIS CONTRACT;, AND OF ANY NOTE REPRESENTING SAID INDEBTED-
NESS, OR or ANY RENEWAL AND EXTENSION OR PARTIAL RENEWAL. AND EXTENSION
THEREOF, THEN THIS CONVEYANCE SHALL DECOME NULL AND VQID, AND "THIS'INSTRU -
MENT $HALT. SE RELEASED AT THE COST OF GONER, "BUT IN CASE OF FAILURE TO PAY
S AID iNDESTEDNESS OR ANY PART THEREOF, PRINCIPAL OR ;INTEREST,A WNEN ItuS,
THEN OWNER HERESY FULLY AUTHORIZED. AND EMPOWERS SAID CITY OF CORPUS
CHRISTI,, ITS SUCCESSORS AND ASSIGNS, ACTING FOR .ITSELF OR THEMSELVES,
OR $Y';AND THROUGH ATTORNEY OR. AGENT TO BE APPOINTED IN WRITING BY IT OR
OV ITS SUCCESSORS OR. ASSIGNS, AT ANY TIME AFTER DEFAULT TO SELL SAID 'PROPERTY
TO THE HIGHEST .BIDDER .F0R.CASH, AT THE PLACE AND IN THE MANNER AND AFTER
GIVING NOTICE A$ REQUIRED BY (AVM MAI NN SALES ORDER DEEPS OF TRUST. IT
IS AGREED THAT. IF SUCH SUCCESSOR OR ASSIGN BE A. CORPORATION, AN ATTORNEY
OR AGENT TO BELL .SAID PROPERTY HAY OE APPOINTED BY THE. PRESIDENT OR ANY
VICE PRESIDENT OF THE CORPORATION, THE,APPDINTMENT TO DE.ATTERTED NT'IT$
SECRETARY OR ANY ASSISTANT SECRETARY,, OR OY ITS CASHIER, OR ANY ASSISTANT
CASHIER. IN THE EVENT �F AND"'AFTER BALE AS AFORESAID, THE CITY, .ITO
SUCCESSORS OR ASSIGNS, ITS OR THEIR ATTORNEY OR AGENT, ACTING UNDER APPOINT-
KENT AS AFORESAID; SHALL IMAHE AND :DELIVER TO THE PURCHASER OF SAID PREMISES
A DEED CONVEYING SAID PROPERTY. IN,FEE,StMPLE, AN0 SHALL RECEIVE THE PROCEEDS
-3-
QF,$AID'e61.E,`TO SE APPLIED A$ FOLLOWS: FIRST' TO THE PAYMENT, OF THE PROPER
EXPENSES OF MAKING THE SALE. SECOND, TO THE PAYMENT OF SAID INDEBTEDNESS,
TOGETHER WITH AUL INTEREST ACCRUED THEREON, AND THE REMAINDER, IF ANY, TO •
eE PAIp'.TG THE;OWNER OR HIS ASSIGN4i'
IT Id AGRE[D THAT THE HOLDER. OF SAID INDEBTEDNESS AT 'THE TIME OF
SUCH FORECLOSURE SHALL.: HAVE THE RIGHT - TO BFrCDME THE PURCHASER 'AT SUCH SALE
IF HE OR IT SE THE GIGHEST OR BEST OIDQER. _OWNER BINDS HIMSELF THAT HE
WILL SURRENDER TO THE .PURCHASER AT SUCH SALE IMMEDIATE CONTROL AND.
POSSESSION'OF SAID PROPERTY.PURCHASED DYSUCH PURCHASER, AND IN DEFAULT
THEREOF,, HE SHALL OE TENANT AT BUFFERANCE 0F$JCH PURCHASER, :.REM0VABI E AT
TH£ LATTER', Wi.I. ay FORCIBLE DETAINER - PROCEEDINGS,. OR DY ANY OTHER LEGAL"
- PROCEEDINGS. A N THE EVENT CT THE DEATH, INADILITY1 REFUSAL, .55 �f'AILURE OF
AN ATTORNEY OR AGENT APPOINTED AS ABOVE PROVIDED TO ACT' THE HOLDER OF SAID
INDEBTEDNESS MAT APPOINT .ANOTHER AGENT OR ATTORNEY.k1TH0UT-ANY OTHER FORMALITY
THAN A DESIGNATION IN wRITINO, AND *.RECITATION THEREIN OF THE REASON: FOR THE
SUBSEQUENT APPOINTMENT SHALL BE TAKEN BY ANY AND ALL COURTS AB PRIMA FACIE
EVIDENCE OF THE FACT, AND SUCH RECITAL SHALL OE ACCEPTED AS PROOF THEREOF.
SHOULD OWNElTFAtL TD KEEP AND PERFORM ANY OF THE ABOVE RECITED AGREEMENT,
THEREOPON ANY OWNERS OF SAID INDEDTE0NE!S AT THE TIME OF SUCH DEFAULT, AT
175 OR HIS ,OPTION MAY DECLARE.ALL THE INDEBTEDNESS THEN OWING, :TOGETHER WITH
:ACCRUED :iNTERE *T, DUE AND PAYABLE, AND HAY PROCEED.TO :FORECL09E' SUCH LIEN IN.
INC MANNER ABOVE PROVIDED OR'8Y'FDRECLOSURE SUIT. THE CONTRACT 1S EXECUTED
AND DELIVERED BEFQRE ANY LAR0R. OR MATERIAL FOR THt CONSTRUCTION OF SA10 1M-
.-PROVEII;ENTB HAVE BEEN - PERFORMED "OR FURNISHED.
OWNER FURTHER AGREES THAT-,THIS MECHANIC'S ANit MATERIALMAN'S LIEN
CONTRACT SHALL BE A COVENANT RUNNING WITH THE LAND.'
wamEss OUR SIOMATURES, THIS THE DAY 0
ATTEST; CITY OF CORPUS CHRISTI
APPROVED AS TO LEGAL FORM THIS
DAY OF „,1963;
TY ATTORNEY...
1 3._
CITY MANAGER
9, !C4 'KiENYAN
CORPUS CHRIST ERAS
// 3
�"'J DAY OF Cl—h, 19
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,
OR Piro-Tern
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDoNALD °d-
TOM R. SWANTNER
DR, JAMES L. BARNARD Ye-
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG V
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN Fe MCDONALD
TOM R. SWANTNER 7
DR. JAMES Le BARNARD/
JOSE R. DELEON 7�
M. P. M#LDONADO
W. J. ROBERTS
JAMES H. YOUNG