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HomeMy WebLinkAbout06945 ORD - 06/26/1963IMS:JKH:6 -12 -63 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A RELEASE, RELEASING TO THE VETERANS ADMINISTRATION A SPECIAL ASSESSMENT EVIDENCED BY CERTIFICATE NO. 95 FOR WEBER ROAD IMPROVEMENTS, IN THE NAME OF GENE K. COPPIN, UPON RECEIPT FROM THE VETERANS ADMINISTRATION OF THE SUM OF $314.16; PROVIDING THAT SAID RELEASE RESERVES TO THE CITY OF CORPUS CHRISTI ITS PERSONAL CLAIM AGAINST GENE K. COPPIN FOR THE UNPAID PORTION OF THE INDEBTEDNESS EVIDENCED BY SAID CERTIFICATE NO. 95; AND DECLARING AN EMERGENCY. WHEREAS, BY VIRTUE OF AN ORDINANCE ON THE 22ND DAY OF FEBRUARY, 1961, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, THERE WAS LEVIED AN ASSESSMENT IN THE SUM OF $628.32 AGAINST PROPERTY SITUATED IN SAID CITY, ABUTTING 140 FEET ON THE SOUTHEAST SIDE OF WEBER ROAD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1, BLOCK 8, SHERWOOD PARK UNIT #21 AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOL. 16, PAGE 51 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; AND WHEREAS, SAID ASSESSMENT WAS FOR THE PAVING OF WEBER ROAD; AND WHEREAS, SAID PROPERTY IS NOW OWNED BY THE VETERANS ADMINISTRATION, AN AGENCY OF THE UNITED STATES; AND WHEREAS, A QUESTION EXISTS AS TO THE - VALIDITY OF THE CITY'S STATUTORY LIEN AGAINST SAID PROPERTY AND AS A COMPROMISE THE SAID VETERANS ADMINISTRATION HAS OFFERED TO PAY THE SUM OF $314.16 FOR A RELEASE OF SAID LIEN: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT UPON RECEIPT OF PAYMENT BY THE VETERANS ADMINISTRA- TION IN THE AMOUNT OF $314.16, THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE A RELEASE OF LIEN EVIDENCED BY CERTIFICATE No. 95 AGAINST THAT CERTAIN PROPERTY FRONTING 140 FEET ON THE SOUTHEAST SIDE OF WEBER ROAD AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 6945 LOT 11 BLOCK S, SHERWOOD PARK UNIT #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOL. 161 PAGE 51 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; PROVIDED THAT SAID RELEASE SPECIFICALLY RESERVES TO THE CITY OF CORPUS CHRISTI, TEXAS,ITS CLAIM AND CAUSE OF ACTION AGAINST GENE K. COPPIN FOR THE AMOUNT OF SAID ASSESSMENT OR FOR SAID ASSESSMENT IN THE AMOUNT OF $618.32, LESS THE PAYMENT MADE BY THE VETERANS ADMINISTRATION AND ANY OTHER PAYMENTS THAT MAY HAVE BEEN MADE BY OR ON BEHALF OF THE SAID GENE K. COPPIN. SECTION 2. THE FACT THAT THE CITY OF CORPUS CHRISTI HAS BEEN REQUESTED BY THE VETERANS ADMINISTRATION TO RELEASE THE SPECIAL ASSESSMENT EVIDENCED BY CERTIFICATE N0. 95, WEBER ROAD IMPROVEMENTS, TO THE SAID VETERANS ADMINISTRATION AND THE FACT THAT THE CITY IS DESIROUS OF RELEASING THE ASSESS- MENT TO THE VETERANS ADMINISTRATION UPON RECEIPT OF THE AFORESAID SUM OF $314.16 CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE I� � DAY OF JUNE, 1963. ATTEST: �� THE CITY OF CORPUS CHRISTI, TEXAS i CITY ECRETARY APPROVED AS TO L GAL FORM THIS THE 7, 6 DAY OF JUNE, 1963: CITY ATTORNEY JSTZJXH:6-31 -63 ,. THE STATE OF 7EMi KNOW ALL MEN BY THEE PRESENTSo -COUNTY OF HUECES j .WHEREASr'ON THE t1TH DAY'OF 4ANUARYj 1061 /-GENE K:'CDPPIN ' - WAS THE OWNER OF THE FOLLOWING DESCPlatl) PROPERTY] SITUATED IN-THE _ - CITY- OF,CORPU$ CHRISTI, NUECES COUNTY, TEXAS, ABUTTING .140 FEET ON THE ' SOUTHEAST SIDE OF WEBER RDA" SAID CITY AND DESCRIBED AS FOLLOWS! LOT 1, -'BLOCK S,`SHERWOOD PARK -UNIT rCj'AN ADD fT 10N - TO THE CITY OP CbR /US CHRISTI] NUECES COUNTY_, TEXAS, _ AS SHOWN, BY MAP OR At THEREOF RECORDED IN VOL'. 16,, , PAGE �1 OF,THE MAP RECORDS OF NUECES COUNTY, TEXAS): _ AND. . .t - "t r • . „ - WHEREAS, THAT -ON ;THE 11TH DAY OF''JANUARY,_ 1961, THE CITY " COUNCIL Of -SHE CITY OP CORPUS,CHR1fT1, TEXAS,,SY,ORDINANCE ORDERED TNE IMPROVEMENT OF'%ICBER ROAD IN $A'ID ,CITY AND THEREAFTER BY'VIRTUE OF AN ORDINANCE OF THE CITY OF CORPUS CHRISTI'' TEXAS DULY ENACTED ON THE, - 22ND DAY OF FEBRUARYy 1961,i_TH¢RE WAS`LEV)ED AN AS3ESSNENT AGAINST GENE' . d K. COPPIN IN THE AMOUNT OF'$62$.3� FOR THE IMPROVEMENT OF.tHE WEBER ••= ROADy THEREBY MAXINO,GENE K. COPPiN- PERSONALLY LIABLE TO THE CITY 00 - - CORPUS CHRISTI, FOR THE SUM OF j628'; AND WHEREAS, THE ORDJm'A' €r OF TH; 22ND'DAYnQF FEBRUARY] FURTHER LEVIED THE ASSESSMENT,IN THE AMOUNT bF #62$.32 AGAINST THE . ABOVE DESCRIBED PROPERTY, AND PROVIDED FOR A STATUTORY LIEN AGAINST PROPERTY UNDER THE PROVISIONS OF ARTICLE 11050, VERNON'S TEXAS CIVIL STATUTES) -AND WHEREAS, SAID PROPERTY, 'IS NOW OWNED BY THE VETERANS - �AOMINISTRATIONj -AN AGENCY OF'THE UNITED STATES) AND- ' - WHEREAS, THE VETERANS ADMINISTRATION HAS OFFERED AS A - COMPROMISE OF THE,LIEN AGAINST THE ABOVE DESCRIBED PROPERTY THE PAY- ' RENT OF 'THE SUM OF $31406 FOR A RELEASE OF THE STATUTORY LIEN AGAINST.- -. THE AFORESAID PROPERTYt - - - HOW, THEREFDREJ TNE'CITY OF CORPUS CHRISTIy TEXAS, A MUNICIPAL COR PORATION, FOR AND IN CONSIOERATION OF °THE PAYMENT OF THE SUN OF,11314.16 • . " _ 'f a a4 -1 - .,:J• - "ti- L - ij - •'E's 4 ' - OY•THE VETERANS ADMINISTRATION bOES•HEREBY RELEASE AND QUITCLAIM UNTO THE SAID VETERANS ADMINISTRATION -ITS STATU16RY ASSESSMENT LIEN AGAINST THE • FOLLOWING DESCRIBED PROPERTY! - -- - - - . LOT 1p BLOCK $A SHERWOOD PARK UNIT 12, AN ADDITION ' TO THE CITY OF-CORPUS CHRISTI NUECES COUNTY, TEXAS* AS SHOWN BY MAP OR PLAT'THEREOF'RECORDED IN VOL. 16� PAGE 51 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. ` r THERE IS HEREBY EXCEPTED FROM THIS RELEASE AND RESERVED i0 THE CITY OF. ' CORPUS CHRISTI, TEXAS THE PERSONAL LI.A41LITY.OF GENE,K, COPPIN FOR THE AFORESAID ASSESSMENT, AND IN MAKING THIS COMPROMISE SETTLEMENT WITH THE • VETERANS ADMINISTRATION AND 111 HEREBY RELEASING THE'LIEN AGAINST THE SAID - - PROPERTY] THE CITY OF CORPUS CHRISTI 13-NOT RELEASING ANY CAUSE OF ACTION ,• ^i AGAINST GENE K. COPPIN AS RESULT OF SAID ASSESSMENT OR OF ANY INTEREST ON THE ASSESSMENT THAT HAS HERETOFORE,A'CCRUED OR THAT SHALL HEREAFTER ACCRUE . ON THE ASSESSMENT] PROV16ED1 HOWEVER, THAT THE SAID GENE K. COPPIN SHALL. •' BE GIVEN CREDIT FOR THE, PAYMENT OF $314..16 PAID BY THE VETERANS ADMINISTRA" - TION AND FOR ANY OTHER PAYMENTS THAT MAY'HAVE BEEN MADE BY OR ON- BEHALF OF GENE K. CoPPIN. CITY OF CORPUS CHRISTI, TEXAS ATTEST! ,BY • -- HERBERT W. WHITNEY - - - - CITY MANAGER '• - CITY SECRETARY APPROVED AS TO LEGAL FORM THIS , THE DAY.OF JUNE, 19631 ., CITY ATTORNEY - THE STATE OF TEXAS COUNTY. OF NUECES g BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W, WHITNEY, CITY MANAGER OF•THE CITY. OF CORPUS CHRISTI, TEXAS KNOWN TO, ME TO SE THE PERSON•WHOSE NAME IS SpBSCRIBED -TO THE FOREGOING INSTRUMENT AND - ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION. Y THEREIN EXPRESSED, AND IN THE CAPACITY - THEREIN STATED AND AS THE ACT AND DEED OF -SAID CITY. _ - GIVEN UNDER -MY HAT, AND SEAL ',OF,O FFICE, THIS THE DAY OF JUNE 1963+ , V NOTARY PUBLIC IN AND FOR,NUECEs COUNTY TEXAS CORPUS CHRISTI, TEXAS I �{ LDAY OF l) _� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEy 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; Iy 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, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ' JAMES L. BARNARD / L JAMES H. YOUNG JACK R. BLACKMON / e JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS ti W. H. WALLACE, JR. / 's THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: JAMES L. BARNARD I ( r • JAMES H. YOUNG t JACK R. BLACKMON .� JOSE R. DELEON ' M. P. MALDONADO W. J. ROBERTS ' W. H. WALLACE, JR. I 1 -