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Home My WebLink About06901 ORD - 05/08/1963• JST:JKH:5 -3 -63 'z AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A RELEASE OF A PAVING ASSESSMENT LIEN ASSESSED BY VIRTUE OF ORDINANCE NO. 6594 PASSED ON THE 10TH DAY OF OCTOBER, 1962, AND NOTICE FILED ON AUGUST 15, 1962, AND RECORDED IN VOL. 837, AT PAGE 553 OF THE MORTGAGE RECORDS OF NUECES COUNTY, TEXAS, AND OF A MECHANIC'S AND MATERIAL - MAN'S CONTRACTUAL LIEN EXECUTED BY GILBERT CISNEROS AND WIFE, MARIA CISNEROS, ON THE 26TH DAY OF SEPTEMBER, 1962, AND FILED FOR RECORD ON THE 31ST DAY OF OCTOBER, 1962, AND RECORDED IN VOL. 166, AT PAGE 445, OF THE MECHANIC'S LIEN RECORDS OF NUECES COUNTY, TEXAS, INSOFAR AS SAID ASSESSMENT AND SAID MECHANIC'S AND MATERIALMAN'S CONTRACTUAL LIEN PERTAINS TO' AN ASSESSMENT AGAINST LOT 28, BLOCK 4, SEIKEL ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE IMPROVEMENT OF RUTH STREET IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE REASON THAT SAID ASSESS- MENT AND SAID MECHANIC'S AND MATERIALMAN'S CONTRACTUAL LIEN WERE IN ERROR IN THEIR DESCRIP- TION; RESERVING SAID ASSESSMENT AND SAID MECHANIC'S AND MATERIALMAN'S LIEN AGAINST ALL OTHER PROPERTY THEREIN DESCRIBED; AND DECLARING AN EMERGENCY. WHEREAS, BY ORDINANCE No. 6594 AND NOTICE, RECORDED IN VOL. 837, AT PAGE 553 OF THE MORTGAGE RECORDS OF NUECES COUNTY, TEXAS, THERE WAS LEVIED AN ASSESSMENT AGAINST LOT 28, BLOCK 4, SEIKEL ADDI- TION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE IMPROVEMENT OF RUTH STREET, IN SAID CITY OF CORPUS CHRISTI; AND WHEREAS, GILBERT G. CISNEROS AND WIFE, MARIA CISNEROS, DID EXECUTE A MECHANIC'S AND MATERIALMAN'S LIEN CONTRACT GRANTING A LIEN UPON SAID LOT 28, BLOCK 4, TO THE CITY OF CORPUS CHRISTI ON THE 26TH DAY OF SEPTEMBER, 1962; SAID MECHANIC'S AND MATERIALMAN'S LIEN CONTRACT WAS FILED FOR RECORD ON THE 31ST DAY OF OCTOBER, 1962, AND RECORDED IN VOL. 166, PAGE 445 OF THE MECHANIC'S LIEN RECORDS OF NUECES COUNTY, TEXAS; AND WHEREAS, ALL REFERENCE TO SAID LOT 28, BLOCK 4, SEIKEL ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WAS AN ERRONEOUS DESCRIPTION SINCE SAID LOT 28 DOES NOT ABUT UPON SAID RUTH STREET: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 6901 0 SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A RELEASE OF A PAVING ASSESSMENT LIEN BY VIRTUE OF ORDINANCE No. 6594, PASSED ON THE 10TH DAY OF OCTOBER, 1962, AND NOTICE FILED ON AUGUST 15, 1962, AND RECORDED IN VOL. 837, AT PAGE 553 OF THE MORTGAGE RECORDS OF NUECES COUNTY, TEXAS, AND A MATERIALMAN'S AND MECHANICS CONTRACTUAL LIEN EXECUTED BY GILBERT G. CISNEROS AND WIFE, MARIA CISNEROS, TO THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 26TH DAY OF SEPTEMBER, 1962, AND FILED FOR RECORD ON THE 31ST DAY OF OCTOBER, 1962, AND RECORDED IN VOL. 166, AT PAGE 1+45 OF THE MECHANIC'S AND MATERIALMAN'S LIEN RECORDS OF NUECES COUNTY, TEXAS, INSOFAR AS SAID ASSESSMENT AND SAID LIEN PERTAIN TO LOT 28, BLOCK 11, SEIKEL ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE REASON THAT SAID PROPERTY DOES NOT ABUT UPON SAID RUTH STREET AND NO IMPROVEMENTS WERE CONSTRUCTED IN FRONT OF SAID PROPERTY; PROVIDED, THAT SAID RELEASE SHALL EXCEPT THEREFROM ALL PROPERTY OTHER THAN SAID LOT 28, BLOCK 4, SEIKEL ADDITION, AND PARTICULAR- LY LOT 33, BLOCK 4, SEIKEL ADDITION. SECTION 2. THE NECESSITY FOR CLEARING TITLE OF THE PROPERTY AFFECTED WHICH SHOULD BE CLEARED OF ANY RECORDED ASSESSMENT AND MECHANIC'S AND MATERIALMAN'S CONTRACTUAL LIENS WHERE THE PROPERTY WAS ERRONEOUSLY DESCRIBED AND NO IMPROVEMENTS WILL BE INSTALLED,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 OROTJANCE OR RESOLUTION SHALL BE READ ATTHREE 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 SO ORDAINED THIS THE DAY OF MAY, 1963. EFFECT FROM AND AFTER ITS ATTES PASSAGE, IT IS ACCORDINGLY CITY SECRETARY APPROVED AS TO THE DAY CITY ATTO-NE R THE CITY OF CORPUS CHRISTI, TEXAS HE STATE OF TEXAS or NIECES RELE1SE of LIEN NW ALL MEN By TFIESE PRESENTS; WHEREA$E DY QRDIHANCE No 6591, ANn Norte RECQ130Ea IN;VoLUME- • 837 AT PA41iEEHE DF _THE M RTGA0E RECORD- OF NUECES COUNTY, TE]uLN, THERE AS LEVIED AN A90E5St -0ENT AGAINST'10T 28_,,NLDCK k,SEtKEL A0otTU N 10 TH£ CITY OF'- CQRPU8 °CHRISTt,'NUECES COUNTY, TEXAS, i0R THE IMPROVEMENT' OF RUTH STQEET IN SAID CITY OF CORPUS CHid►STij AND; WHEREAS, PN THE 26TH DAY OF SCPTiI4BER,'19 2, (itBEiCT G °' C,ISNERO6 AND WIFE, MARIA CtISNEROS,tAECUTED A MECkiLNPOPS MID MATEIaIAL» MAU'!S.CDHAND wt AL. LiEN To THE CITY -��or CDR PUS ,CAppiTI, GRANTING TO SAID CITY A LIEH'UPO14 SAID Lot 28- 23, $LOCtC.k, SEIKEL AOO1140N TO' CITY or CORPUS CHRISTI,NU1 S CQUNTr TEXAS, SAID MECIiANICfS AND MATERIALMANIS •- CONTRACT HAV 'IN0 DEEN'FILED FOR RECORD ON THE rcHANIAY or t?CTQfiR, 19G , AND RECOROGD IN, VOLUME'`i66, PAGE D or THE MECHi1NIC�S L1ER RECdRp�9 or- _,.....,..., F Hut R CouyCY, TEXAS; Apia' - 4iEREAS, AU REFERENCES TO SAftl LDT 28, ELOcm 4i SEi6EL ADD,- 110;* WERE. ERRONEOUS 'MW SAID LOT 2$, FLOCK DOE$ NOT ABU'iptiPON SAID • RLtmm' STREET 'AND NO' IMPRDVEMEAiTS ARE SEINIi'CONSTRQALL fN -FRONT OF SAI DLQT 28,. BLOCIf •1j SE IKE! ADDI TIDNJ AND ANY AND, ALL L1EN$ AGAINST $*ID'LOT,$H0UL0 SE'REL:A$ED! 1GJ1 TIEREFORE, IN CONStDERATiDW Ov THE PREMISEF., THE CITY OF ' CORPUS_CHRI0TI-DOES'HEREe( RELEASE ANY AND ALt 41EN3 IHPRES8ED UPON THE'FOLLOWLNC TRACT or LANDS LOT 23, �F.DGK ?i, SEIKEL•AOGITIOIt, ANOADDtT18N 10 THE ., CJ TY,,-- (CORPUS' CHRIS -T I, NUECES.`CDUHTY,; .TEXAS, BY REA$Ok OF-, ANX AS$ES5Nt;NT'FOQ`TkE f�fPROVEIENT OF RUTH S'fRE£T, KEEP' N° IN FULL LI ,ii0WEYEjS, ?HE ASSE98MtNT LIEN AND THE * DrC_M SCRI1bEO MECHANICS -AND: MATERIALMAN�S LIEN ARAINAT ALL OTHER PROPERTY IN 61:OCK it AND BLOEK M AF S1IKEL AODITiON ;'AN0 PAHTIEULARLY AGAINST LOY, 33, BLOCK i' SEtail. ADl tT10N, THE P$ IFERTY OF TH SAII1 GIItIERT G. CISNEROS A N0 WIFE, :MARIA Cf.5NERQS�. Ekt:CUTIo AND DELIVERED AS THE ALT AND._OLEO or SHE OTT .OP. CORFU@ CHRIST) NERL11HT0 DULY AUTDORIAED TIi15 THE -OAP of MAY, 1 3. 61TY:OECORPUS CMt1sYI, TEXAS.. ATTEST: CITY MANAGER C I TY.SECRErimy. APPROVED 'AS .TO.LEGAL OR4 THIS T :My OF HAY) 1963:. C1PY.ATTORNEY .. - TIE STATE OF iE xAS �.:. • :: . COUNTY OF • NUE.CES . { • Er0Ht W,. THE UNDERSIBNEO AUTHORITY:' ON.TN1S OAT PERSONALLY-. APPEARED HER6ERT ld: ':.HktNEY,. CITY MA;:AffizR:OF THE CITY OF.CORPU$ CHRt8T1�:. TEaASI A. MONIL:.PAL CORPORAtIONi IIUOWO.TO' ME TO :OE THE. PERSON :AN.R :OFPI`ER:•, .,.:. . • WHOSE NAME- IS SUfSCRISEDI.TO THE•tOREGOIHG tNSTRUNEhT, ANO','ACKHQWLEDDED. TO me .THAT NS :C.k£CUTED'THE $ANC AS TH$ ACT AUD OECD .OF..SA1O '.4TY OF' • CORMIS:LHKfOT1" FOR - THE:PI)RPo C5 .AND CONSIDERATION THEREIN EXPRE$SEO •.. AY:O. IN.'TNE. CAPACITY THERLIH $TATEO.:, • .. „ ...:•. • GIVEN UNDER I4 HANG JNO $C At °V W' THIA. THE •DAY OP. 140, ...1.963! . • NOTARYhBLIO:WN,.AND.FOR NULCi.9••000NTY, TexAS. • • CORPUS CHRISTI, TEXAS DAY 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 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. INTER -OFFICE COMMUNICATION Dept LEGAL To I. M. SINGER,_CITY ATTORNEY From JAMES S. TUNNELL, ASST. CITY ATTORNEY Date May 3, 193 Subject RELEASE OF LIENS AGAINST LOT 28, BLOCK 4, SEIKEL ADDITION, FOR THE IMPROVEMENT =PI,Tu STRFFT IT IS RECOMMENDED THAT THE CITY COUNCIL AUTHORIZE THE RELEASE OF THE CITY'S LIENS AGAINST THE ABOVE DESCRIBED PROPERTY FOR THE REASON THAT ALL REFERENCES TO LOT 28, BLOCK 4, SEIKEL ADDITION, IN BOTH THE ASSESSMENT LIEN AND THE MECHANIC'S AND MATERIALMAN'S LIEN, EXECUTED BY GILBERT G. CISNEROS AND WIFE, MARIA, WAS IN ERROR. THESE LIENS WERE FOR THE IMPROVEMENT OF RUTH STREET, FROM FRANCESCA TO ELEANOR STREETS. CISNEROS OWNS Lars 32 AND 33 OF SAID BLOCK 4, LOT 33 BEING ON THE CORNER OF RUTH AND FRANCESCA STREETS. By SOME ERROR, BOTH THE ASSESSMENT ROLL AND THE MECHANIC'S AND MATERIALMAN'S LIEN SHOWED THE CISNEROS PROPERTY AS BEING LOTS 28 AND 33. LOT 28 IS NOT A CORNER LOT, BUT FRONTS ON FRANCESCA STREET, AND IS THE SIXTH LOT FROM THE CORNER. FRANCESCA STREET WAS NOT IMPROVED IN THIS BLOCK. FURTHER, THE CITY DOES NOT HAVE A VALID LIEN AGAINST LOT 28, WHICH 15 THE PROPERTY OF A MR. LONGORIA. LOT 28 IS NOW BEING SOLD, AND STEWART TITLE COMPANY IS ISSUING A TITLE POLICY ON IT. MR. BERT CORKILL, OF STEWART TITLE COMPANY, HAS REQUESTED THAT THE CITY'S ERRONEOUS LIENS OF RECORD AGAINST THIS LOT BE RELEASED. I RECOMMEND THAT HIS REQUEST BE GRANTED AND THAT THE ORDINANCE AUTHORIZING THE RELEASE OF THESE LIENS BE PASSED BY THE CITY COUNCIL THIS COMING WEDNESDAY. UST :JKH RES 1 CTFULLY SUBMITTED, JA Af -s a. T''NNELL /ASSISTANT CITY ATTORNEY