HomeMy WebLinkAbout07346 ORD - 09/02/1964a JST:VMP:8 -28 -64
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CON-
TRACT FOR IMPROVEMENT OF A PROPOSED STREET IN OCEAN DRIVE
ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, WITH HARRY E. REESE AND WIFE, MILDRED JUNE REESE,
RENEWING AND EXTENDING A MECHANIC'S AND MATERIALMAN'S LIEN
GRANTED TO THE CITY OF CORPUS CHRISTI BY WOODY CRAWFORD
AND WIFE, DOROTHY CRAWFORD, WHICH IS HEREBY RELEASED, 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
f
CONTRACT FOR THE IMPROVEMENT OF A PROPOSED STREET IN OCEAN DRIVE ADDITION,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH HARRY E. REESE
AND HIS WIFE, MILDRED JUNE REESE, GRANTING TO THE CITY OF CORPUS CHRISTI A
MECHANIC'S LIEN CONTRACT IN THE AMOUNT OF SEVEN HUNDRED THIRTY -TWO AND 20/100
DOLLARS ($732.20) AGAINST PROPERTY DESCRIBED AS:
LOT 7B, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
AND A MECHANIC'S LIEN CONTRACT IN THE AMOUNT OF SEVEN HUNDRED DOLLARS ($700.00)
AGAINST PROPERTY DESCRIBED AS:
LOT 8B, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE t
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
EACH OF SAID SUMS OF INDEBTEDNESS AND MECHANIC'S LIEN CONTRACTS,
BEING IN RENEWAL AND EXTENSION OF A CONTRACT AND MECHANIC'S LIEN CONTRACT HERE-
TOFORE EXECUTED ON THE 31ST DAY OF MAY, 1963, BY WOODY CRAWFORD AND WIFE,
DOROTHY CRAWFORD, TO THE CITY OF CORPUS CHRISTI IN THE ORIGINAL AMOUNT OF
TWO THOUSAND ONE HUNDRED THIRTY -TWO AND 20 /100 DOLLARS ($2,132.20), AND RE-
CORDED IN VOLUME 170, PAGE 520 OF THE MECHANIC'S LIEN RECORDS OF NUECES COUNTY,
TEXAS; AND FURTHER RELEASING SAID MECHANIC'S AND MATERIALMAN'S LIEN IN THE
AMOUNT OF TWO THOUSAND ONE HUNDRED THIRTY -TWO AND 20/100 DOLLARS ($2,132.20)
AS TO ALL OF THE PROPERTY FORMERLY DESCRIBED AS:
LOTS 7 AND 8, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
7346 '
f
ALL OF SAID PROPERTY NOW BEING DESCRIBED AS:
LOTS NO. 7A, 75, $A, 8B, AND HC OF BLOCK 3 OF
OCEAN DRIVE ADDITION TO THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS,
A COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE AFORESAID
CONTRACT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE-
QUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE
OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE
PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE
SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT ROM AND AFTER
ITS Pas E, IT I ACCORDINGLY SO ORDAINED, THIS THE DAY OF
1964. r
ATTEST:
"v'' - - /' l
I,I TY-Z5ECRETARY I
A- 0 AS TO EGA L FO Ml THIS T&/ DAY S /X ✓, 1964:
AS.5 r CITY TTORNEY
JSTIy PMf RO ;
TKI -SUTE Or TEMS
. KNOW ALL MEN OY ME PMEMt
COUNTY or .NUECES
'Nis C'mmCT '1$ *at Ai0 .tNtt:1 co IitTO iii+ ANA 1iCTwEtN TNr CITY. of
CORPUS CFIRISTI,, ,ozREIIdArtzit CAL'LW '*W *0 A10 PARRY t. Regot AKO Hli -Wtre,
• fAllRatt?' J4NC ftCCSC,'I4kRE'IN,ArTER C+ALLkD. "OLrNER3y3, ;
P= REJAS, 010' THE 314T 'DAV Qi MAY,, 103, wOtIDY 4RAwro m ANO 'Ails w fie*
DOROTHY CPAW000 weRE THE 9WNE1!3 Or `MC Jit110NAFTtff 0960110t P110PVITYt'
Ate, or Lot* 7 .ANN, $, t2LOC i J,, &rAR 6?tl vc AODI Tio11
TQ ,T'N!: CITY Or COAPUS C1494stl i flogdes COUNTY, TEXAaj , .
AND
W11503, THE *A 1.0 WdODY tjIAWrQ*D AND Hill wirc,.DOROTIIY CRAwroRD,.
Otsilltd TO "Avg 40TAIN IMPROVE1iCNwNADt TO "if) flioPrRTY iY YNC 0kffslbN`
or UHIvt ($I'TV PLACE ALONG All 41-tY AUA'Nlllti THROUGH IMID SLOCX 3 Or OCtAN
Dot iYC Apo ITiON AqD ON TMt 31sT AAY'Dr 1T:ig63, Ylit ".nAla ijGk�DY CKAWibRO ANI�
Nis Vim 60ROTHY CRAW040, ANT9kO ItiTD iA VPI €RkDY. =-
V #A10 CITY AOAZCD THAT UPO4 THt *tCURRi:Nc.0 br- tankiN CIir16tTA01lo mmce ENT
THEREON IIPECirIECA, °i0 "TEN4 SAID UNIV i IVY PiAd XLUHCi >rlAtli AL4t1KaRliH3ilii4
TNKgttlxN DtoCK 3 Ot OCCAW DRive, ADDITjow Arp IK cONSIDCPtkflom TN €Ntor TNC 'Uil)
W60DV CRAw90r.O ANO Hf>► wirl:r DOROTfAV CRAWrOMp 'GAVE AND 4RANTCO TO CITY A' .
99CMNI Old1 AHD ,NAT €RIA"Ot > 1-411 0011 0ri OA! ALL or Woloss 7 AT10 80 BLCtk
3, OCEAN biliv€ ADDIT164 '/D 11 V1tt- TO-4 PAYiAtOO -I° T6.JIAf0 CIYYOf TN4'C0$T or ..
TH4 tXTE"tOH Or Silo UNIV901TY KAM' ANO THE CONIIMUCTIOl1 Of iHPROVENERTS "
TNENEON* Ofil¢ ,NCSHANlc1s AN0 PATtR1ALIAN "A 1.l EN 09,114 IN Ylit DUN Or Two - THOU>t'
ANII'DNt liAi'MWAND TN17tTY, -Yttq 4 CoJ #i10 � ,132.28j'DDLLA93, $Alb I/U7 119194
$A*ED Vitt Tai DOLLARR W0.0Oj Oin LINEAR TOOT T=HAT Jl )* 00OPiRTY ABUTTCD
• UPON &AID PROP00Fp CXT €Nlf0N_or UN1V9*jITY PlAtE, IIAiD C04TItACT JANiI'':lCCHAtfICi3
AND IMICRiALRAN"O'LitN HAVI -44 MrtN Yt &tD tbit, OmvCbRI; IN Tmd drrlCE 4r THE COUNTY'
CLERX or NUtcts COUNTY* TEXAS ON TOE 7TN dAY Or JUN11, 1963, AHa lraviNa AEON RE-
cQROED IN VOLU044 170, MORE �4 qC Ttll: NEC) #00* LICK Ri;dORA4 Or SAID dOURTY1
Alm ..
WNEREA9, Ohl viq 13TH dAY or Auou*Ts 1963, mkC c vA4 114LEp IN THE
MAP RECOZ* 01" NUIMErl COV'NTY, YCXAO A DULY CI<iWtO AND A•CKN641L0GESLPLA` f kESUB-
OAvjo�sq SAO* WTft 7 At(D 8 Of BLACK 3'or OarAN DRIve, ADamoo will cm biviocti '
SAID LOTS 7 AND 8 1NT& LOT$ 7A, 78, 8A, 80, AND 8C, BLOCK 3, OCEAN DRIVE -
ADDITION TO THE CITY OF CORPUS,CHRiSTI, NUECES COUNTY, - TEXAS, SAID PLAT
' HAVING BEEN RECORDED IN VOLUME-27, PAGE 21 OF THE MAP RECORDS OF SAID COUNTY; ,
AND
WHEREAS, OWNERS ARE NOW THE OWNERS OF THE HEREINAFTER DESCRIBED
PROPERTY, TO -WIT;
LOT ND. 78, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS ;'
ABUTTING 73.22 FEET ON THE ALLEY RUNNING THROUGH S41D BLOCK 3 OF OCEAN DRIVE
ADDITION AND ON THE'PROPOSED EXTENSION OF UNIVERSITY PLACE, ALSO SOMETIMES
KNOWN AS UNIVERSITY DRIVE,, AND
WHEREAS, OWNERS ARE ALSO THE OWNERS OF'THE HEREINAFTER DESCRIBED
a ` PROPERTY, TO -WIT: -�
LOT NO. 88, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
1 - `ABUTTING 70 FEET ON THE ALLEY 'RUNNING THROUGH SAID BLOCK 3 OF OCEAN DRIVE r` t
ADDITION AND ON THE PROPOSED EXTENSION OF UNIVERSITY PLACE, ALSO SOMETIMES ,
KNOWN AS UNIVERSITY DRIVE; AND t'
WHEREAS, SAID OWNERS DESIRE TO HAVE CONSTRUCTED UPON SAID PREMISES
dMPROVEMENTS ON SAID PREMISES 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 WOR'K5 OF THE CITY OF CORPUS. CHRISTI, WHICH SPECIFICA-
TIONS ARE SPECIFICALLY MADE A PART HEREOF. SAID IMPROVEMENTS SMALL CONSIST -
OF GRADING AND CONSTRUCTING STREET IMPRbVEMENT3 CONSJSTINQ OF STORM SEWER
INCLUDING 15" AND 18" PIPE, INLETS AND MANHOLES, PAVEMENT MEASURING 28 -FEET
FROM BACK OF CURB'TQ BACK OF CURB ON STRAIGHT SECTIONS AND 38' RADIUS AT
CUL -DE -SAC, WITH 6" cALICHE BASE AND A TWO- COURSE ASPHALT SURFACE TREATMENT;
b" ROLLED TYPE CURBS AND FOUR-FOOT 31DEWALK3, TO BE 'INSTALLED AND CONSTRUCTED
BY THE CITY OF CORPU3,CHRI3T1 IN COMPLIANCE WITH OWNERS' REQUEST. SAID IM-
PROVEMENTS ARE TO BE MAOE By DOING THE ABOVE DESCRIBED WORK. AND FURNISHING
THE MATERIAL THEREFOR ON THE STREET ABUTTING AND ADJACENT TO SAID PROPERTY
BELONGING TO OWNERS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS- AND
DESCRIBED ABOVE.- _
$AID PAVING IS TO BE LAID QM AN EXTENSION OF UNIVERSITY PLACE (SOME-
TIMES KNOWN AS UNIVERSITY DRIVE) ALONG THE ALLEY RUNNING THROUGH BLOCK THREE
(3) OF OCEAN DRIVE ADDITION TO THE CITY OF CORP63 CHRISTIp NUCCE3 COUNTY,
TEXAS, FROM KENTNER STREET TO TOE NORTHEAST BOUNDARY LINE OF LOTS SEVEN (7),
AND THIRTEEN (13) OF SAID BLOCK-
NOW, THEREFORE, CITY AGREES WITH OWNERS THAT, AFTER ALL OF THE OWNERS '
OF LOTS IN BLOCK THREE (3) OF OCEAN DRIVE ADDITION, OTHER THAN THE LOTS ABUT -
TONG ON OCEAN DRIVE, SHALL HAVE CONSENTEQ'TO THE•REPLATTING OF $AID 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 OF LOTS SEVEN (7) AND
THtRTEEN (13) OF SAID BLOCK AND, AFTER EACH AND ALL OF SAID OWNERS OF PROPERTY
- ABUTTING ON SAID PROPOSED EXTENSION, OF UNIVERSITY PLACE HAVE ENTERED INTO AGREE-
MENTS 0I14I6411 TO THIS ONE OR HAVE PLACED IN ESCROW WITH THE CITY OF CORPUS
CHRIBTI•THE SUM OF TEN DOLLARS (410.00) PER LINEAR FOOT THAT THEIR RESPECTIVE
PROPERTY ABUTS ON SAID PROPOSED EXTENSION OF UNIVERSITY PLACE, THEN THE CITY
WILL, WITHOUT UNNECESSARY DELAY, CONSTRUCT THE SAID ABOVE DESCRIBED "PAVEMENT
ON SAID ABUTTING AND ADJACENT STREET, PERFORMING ALL THE LABOR AND FURNISHING
ALL THE MATERIAL TO BE USED, AND PAYING ALL EXPENSES INCIDENTAi. TO SUCH LABORS
AND THE FURNISHING OF SUCH MATERIAL. IN CONSIDERATION THEREFOR, OWNERS AGREE,
BIND, AND OBLIGATE THEMSELVES TO PAY TO THE ORDER OF THE CITY OF CORPUS CHRISTI,
TEXAS AT THE CITY HALL IN THE CITY OF CORPUS, CHRISTI, NUECES COUNTY, TEXAS,
• J ;
THE SUN OF SEVEN HUNDRED T4IRTY- TWQ'ANC.20/100 DOLLARS ($732.20),, FOR THE OtA1D
.r ABOVE OESCRIBED'LOT 7B AND THE MUM OF SEVEN HUNDitED DOLLAR$ ($700.00) fOR THE
c`
r y=SAID ABOVE DESCRIBED LOT 83, SAID OWNS TOTALLING ONE, THOUSAND FOUR HUNDRED.,
THIRTY -TWO AND 20100 DOLLARS (s)1,�i32.20), SAID SUMS 'TO BE PAID IN FULL WITHIN
- THIRTY (30) DAYS AFTER THE COMPLETION OF THE WORK. IF EITHER (OR BOTH) OF 1 �•
SAID SUMS 13 NOT PAID WITHIN THIRTY 130 ?-DAYS, THEN OWNERS SHALL BE iN 'DEFAULT
OF THElR PAYMENT OP THAT SUM (OR SUMS) AND, AT THE OPTION OF THE CITY, THE
CITY MAY INSTITUTE SUIT UPON THE PERSONAL OBLIGATION OF THE .OWNERS AND TO FORE-
• CLOSE ITS LIEN AS HEREINAFTER PROVIDED3 BUT THE FAILURE OF THE. CITY TO EXERCISE
ITS OPTION UPON DEFAULT BY OWNERS SHALL NOT ACT'AS A WAIVER OF ANY RIGHTS OF
THE CITY OR OF ANY OBLIGATIONS OF THE OWNERS NOR SHALL THE SAME IN ANY WAY
AFFECT THE LIENS AS.,HEREINAFTER PROVIDED. If SAID AMOUNT IS NOT PAID IN FULL "
WITHIN THIRTY (30) DAYS AFTER THE COMPLETION OF THE WORK, THEN THE OWNERS SHALL
PAY TO THE CITY INTEREST AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM ON THE
UNPAID BALANCE FROM THE DATE OF THE COMPLETION OF THE WORK AND THE A6CE4ANCE
4` THEREOF BY THE DIRECTOR OF PUBLIC WORKS OF CITY OR OF HIS DESIGNEE.
TO SECURE THE PAYMENT OF SAID INDEBTEDNESS IN THE AMOUNT OF SEVEN "
j HUNDRED THIRTY -TWO AND 90/100 DOLLARS ($ 732.20) DESCRIBED ABOVE, 1,OWAkRSt HERESl
GIVE AND GRANT A MECHANIC'S AMD MATERIALNAN'S LIEN ON THE ABOVE DESCRIBED LOT
7B AND ALL BUILDINGS AND IMPROVEMENTS NOW THEREON OR WHICH,HEREAFTER MAY BE
PLACED THEREON.
TO SECURE THE PAYMENT OF SAID INDEBTEDNESS IN THE SUM OF SEVEN
• - HUNDRED DOLLARS ( #700.00) DESCRIBED ABOVE, OWNERS HEREBY GIVE AND GRANT A
MECHANIC'S AND MATERIALMAN'S LIEN ON SAID ABOVE DESCRIBED LOT 88, AND ALL BUILD! -
ING$ AND IMPROVEMENTS NOW THEREON OR WHICH HEREAFTER MAY BE. PLACED THEREON.
FURTHER, TO SECURE THE PAYMENT OF SAID INDEBTEDNESS IN THE AMOUNT OF
` SEVEN HUNDRED THIRTY -TWO AND-20/100 DOLLARS (732.20), OWNERS HEREBY GRANT,
BARGAIN, SELL AND CONVEY TO THE SAID CISY OF CORPUS CHRISTI, ITS SUCCESSORS
AND ASSIGN$, THE HEREINAFTER DESCRIBED PROPERTY TO -WIT:
LOT NO: 78, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS]
TO HAVE AND TO HOLD SAID PREMISES, TOGETHER WITH ALL AND SINGULAR,
THE RIGHTS, HEREDITAMENT$ AND APPURTENANCES NOW OR HEREAFTER AT ANY TIME -
BEFORE FORECLOSING HEREOF IN ANYWISE APPERTAINING OR BELONGING THEREUNTO, UNTO
- THE CITY OF CORPUS CHRISTI, ITS SUCCESSOR$ AND ASSIGNS.
FURTHER, TO SECURE THE PAYMENT OF SAID INDEBTEDNESS IN THE SUM OF
SEVEN HUNDRED DOLLARS ($700.00), OWNERS HEREBY GRANTg BARGAIN, SELL AND CONVEY
- TO THE CITY OF CORPUS CHRISTI, ITS 'SUCCESSORS AND ASSIGNS, THE HEREINAFTER
DESCRIBED PREMISES TO -WIT: -
LOT SB, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE CITY
•. OF CORPUS CHRISTI,YNUECE$ COUNTY, TEXAS]
TO HAVE AND 'jO,HOLD SAID PREMISES, TOGETHER WITH ALL AND SINGULAR,
THE RIGHTS, HEREDITAMENT$ AND APPURTENANCES NOW OR HEREAFTER AT ANY TIME -
BEFORE FORECLOSING HEREOF IN ANYWISE APPERTAINING OR BELONGING THEREUNTQ, UNTO
-; THE CITY OF CORPUS 'CHRISTI, ITS SUCCESSORS AND ASSIGNS.1- ,
IF EITHER OF THE ABOVE DESCRIBED SUMS OF INDEBTEDNESS BE PAID, PRINCI-
PAL AND INTEREST, ACCORDING TO THE TERMS OF THIS CONTRACT, AND OF AMY NOTE
REPRESENTING SAID INDEBTEDNESS, OR OF ANY RENEWAL AND EXTENSION OR* PARTIAL
RENEWAL AND EXTENSION THEREOF, THEN THI$ CONVEYANCE OF THE PARTICULAR .TRACT,1OF
• .411' `�f�¢� Y ' 48l _. -� .a • ,� O
LAND SECURING THAT INDEBTEDNESS SHALL BECOME 'NULL AND VQID' AND THIS 'INSTRU-
,. MENT, INSOF).R AS IT-PERTAINS TO THAT PARTICULAR TRAdT OF LAND,, SHALL BE
RELEASED, AT THE CQST OF OWNERS, AUT A N CASE OF FAILURE TO PAY SAID INDEBTED-
' NESS OR ANY PART THEREOF? PRINCIPAL OR INTEREST,, WHEN DUE, THEN OWNERS HEREBY -
FULLY AUTHORIZE AND EMPOWER SAID CITY OF CORPUS CHRISTI, ITS EUQCESSORS AND `-
ASSIGNS.q ACTING FOR ITSELF OR THEMSELVESy OR BY- AND THROUGH AN-ATTORNEY OR
AGENT TO 8E APPOINTEO A N WRITING BY IT' OR BY ITS SUCCESSORS OR ASSIGNS, AT ANY
TI)1E AFTER DEFAULT TO_SELL SAID PROPERTY TO THE HIGHEST SIDDER FOR CASH, AT
'THE PLACE AND IN THE MANNER ANQ AFTER GIVING NbTICE AS REQUIRED BY LAS{ IN '
MAKiN6 SALES UNDER DEED OF,TRU6T. :ST ►S A(kREEQ THAT IF SUCH SUCCESSOR OR
- 0310N BE A CORPORATION''AN ATTORNEY OR AGENT To-SELL SAID PROPERTY MAY BE
APPOINTED BY THE PRES{DENT OR ANY VOCE-PRESIDENT QP THE CORPORATION, THE
APPOINTHENT TO BE ATTESTED SY ITS SECRETARY OR ANY ASSISTANT tECRETARY, OR BY
" STS CASHIER, OR ANY ASSISTANT CASHIER.- IN THE EVENT OF AND AFTER SALE AS
AFORESAID, -THE, CITY, ITS SUCCESSORS OR A6916143j,'QIt I,TS "OR THEIR ATTORNEY OR
AGENT,,'AFTING UNDER APPOINTMENT AS A FOR ESA'IO,, SHALL MAKE AND DELIVER TO THE
PURCHASER OF SAID PREMISEII: A, DEED CONVEYING, SAID PROPERTY IN FEE SIMPLES AND '
> SHALL RECEIVE THE PROCEEDS OF SAID SALE) TO BEPAPPLIED AS FOLLOWS! FIRST, TO
THE PAYMENT OF THE PROPER EXPENSES Of' MAKING THE SALE] SECOND, TO THE PAYMENT .
OF 3A 10 '1NDEBTEDNE33y T00ETHER W1TH.ALL INTEREST ACCRUED THEREON, AND THE_
REMAtNDER, IF ANYjj_TO BE PAID'TQ THE OWNERS OR, THEIR ASSIGNS,` ,
A- IT IS. AGREED THATnTHE HOLDER-OF SAID. INDEBTEDNESS AT THE TIME OF '
SUCH FORECLQSURE SHALL HAVE TAE RIGHT TO BECOME THE PURCHASER AT -OUCH SALE
-_IF HE 2R 1T pE T,NC lildHEST,OR',BEST,BIODCR.: INNERS BIND THEMSELVES THAT 'THEY
.I fLL SURRENDER TO THE ,PURCHASER AT SUCH SALE IMMEDIATE, • CONTROL AND POSSESSION
• `OF SAID PROPERTY PURCHASED•BY SUCH PURCHASER, AND•IN PEFAULY,THEREOFp THEY SHALL ,
iBE TENANTS AT SUFFERANCE OF SUCH PURCHASER? REMOVABLE AT.THE LATTE03 WILL BY
' 'FORCIBLE DETAINER-PRdCEEDING3, OR SY'ANY OTHER LEGAL'PROCEEDINGS. I -N THE EVENT
OF THE DEAYHy 1HABILITY, REFUSAL! OR FAILURE OF AN ATTORNEY OR AGENT APPOINTED `
AS ABOVE PROVIDED TO ACT, THE HOLDER OF SAID INDEBTEONEBIII MAY APPOINT ANOTHER. '
AGENT OR'ATTORNEY WITHOUT ANY OTHER FORMALITY THAN A• DESIONATiON IM WRITIN01
AND, A RECITATION THEREIN OF THE REASON FOR THE SUBSEQUENT APPOINTMENT SHALL
BE TAKEN BY ANY AND ALL COURTS AS PRJMA. FACIE EVIDENCE OF TNL FACT, AND SUCH
RECITAL'SHIILL BE ACCEPTED AS ''PROOF THEREOF. SHOULD OWNERS FAIL TO KEEP AND'
PERFORM, AS TO EITHER-OF SAID SUMS OF INDEBTEDNESS DESCRIBED ABOVE, OR AS TO
EITHER OF SAID TRACTS OF PROPERTY DESCRIBED ABOVE, ANY OF THE ABOVE RECITED
AGREEMENTS, THEREUPON ANY OWNERS OF SAID INDEBTEDNESS AT THE TIME OF SUCH ,
DEFAULT, AT ITS OR HIS OPTI.ONy MAY DECLARE ALL OF THAT INDEBTEDNESS THEN OWING,
TOGETHER WITH ACCRUED INTEREST, DUE AND PAYABLE, AND MAY PROCEED TO FORECLOSE
SUCH LIEN IN THE MANNER ABOVE PROVIDED OR-BY FORECLOSURE SUIT.. THIS CONTRACT ,
13 EXECUTED AND DELIVERED BEFORE ANY LABOR OR MATERIAL FOR THE CONSTRUCTION
OF SAID IMPROVEMENTS HAVE BEEN PERFORMED OR FURNISHED.
IT 13 3PECIFICALLY UNDERSTOOD AND, AGREED BY OWNERS AND CITY THAT
THERE - ARE TWO SEPARATE SUMS OF INDEBTEDNESS, EACH OF WHICH H -IS SECURED BY A
SEPARATE LIEN AND CONVEYANCE AND THAT EACH OF SAID SUNS OF INDEBTEDNESS AND
EACH OF SAID LIENS AHD CONVEYANCES SHALL BE TREATEOAAS IF EACH HAD BEEN
GRANTED.BY A SEPARATE INSTRUMENT,, AND IN THE EVENT THAT THERE IS A DEFAULT +
1N CNE�OF SUCH SUMS OF INDEBTEDNESS BUT NOT IN THE OTHER AND THAT AT THE
TIME OF .SUCH DEFAULT THE SAID TWO ABOVE DESCRIBED TRACTS OF PROPERTY ARE ,e
OWNED BY DIFFERENT OWNERS, THEN CITY, OR ITS'SUCCESSORS AND ASSIGNS, SHALL,
ONLY HAVE THE RIGHT T4 3EL1., HAVE SOLD, OR FORECLOSE UPON ONLY THE TRACT OF
LA740 DESCRIBED ABOVE AS SECURING THAT PARTICULAR INDEBTEDNESS.
THIS' CONTRACT AND THE TWO RESPECTIVE MECHANIC'S ANG.MATERIALMAN'S ,
.LIENS HEREIN GRANTED ARE IN RENEWAL AND EXTENSION OF THE CONTRACT AND
MECHANI04 AND MATERIALMAN'S LIENS CONTRACTED BETWEEN CITY AND WOODY CRAW -
FORD AND HIS WIFE, DOROTHY CRAWFORD, RECORDED IN 'VOLUME 170, PAGE 520 OF
THE MECHANIC'S LIEN. RECORDS OF NUECES COUNTY, TEXAS AND DESCRIBED ABOVE.
OWNERS FURTHER AGREE THAT EACH OF SAID MECHANIC'S AND MATERIALMAN'S
LIENS HEREIN GRANTED SHALL BE A COVENANT RUNNING WITH THE LAND.
IN CONSIDERATION .OF THE PREMISES AND IN CONSIDERATION OF A SIMILAR
MECHANIC'S AND 'MATERIALMAN'S .LIEN GRANTED ON LOT HC, BLOCK 3 OF OCEAN DRIVE-
ADDITION, THE ONLY OTHER. LOT THAT IS A PART OF THE PROPERTY DESCRIBED IN THE
ABOVE DESCRIBED MECHANIC AND MATERIALMAHIS LIEN CONTRACT BETWEEN CITY AND
WOODY CRAWFORD AND HIS WIFE, DOROTHY CRAWFORD, THAT ,ABUTS ON SAID ALLEY AND
SAID PROPOSED EXTENSION OF UNIVERSITY PLACE (SOMETIMES KNOWN AS UNIVERSITY ,
DRIVE), THE CITY OF CORPUS CHRISTI HEREBY RELEASES THE MQCHANICIS AND
MATERIALMANI$ LIEN IN THE SUN OF TWO THOUSAND ONE HUNDRED THIRTY -TWO AND
20100 ($2,132.20) DOLLARS DESCRIBED ABOVE AS TO ALL OF THE PROPERTY FORMERLY
DESCRIBED ASS
'* LOT9 7'AND g, BLOCK 3 OF OCEAN DRIVE ADDITION TO THE - h
+ CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS
ALL OF SAID PROPERTY NOW BEING DESCRIBED AS'. -
LOTS ND, 7A, 7e, 8A, 8s, AND $C OF BLOCK 3 OF
OCEAN DRIVE ADDITION TO THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS.
WITNESS OUR SIGNATURES, THIS THE DAY OF ,
CITY OF CORPUS CHRISTI
ATTEST: BY
CITY MANAGER,,
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
THE DAY OF , 104: s�
ASSISTANT CITY ATTORNEY
HARRY NEE Z__
MILDRED JUNE REESE
THE'S.WE OF-TEXAS i
COUNTY of NUECES l
. OEFCRE 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 'BE THE PER300'WHO3E NAME 'I� BUB3CRIBEa TO THE.
" FOREGOING INSTRUMENT AND ACKNOWLEDQED TD ME THAT HE 9XECUTO THE !SANE
FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY
THEREIN`STATED AND AS THE ACT AND DEED OF SAID CITY. -
GIVEN UNDER MY HAND AND SEAL OF OFFICE,'THIS DAY OF
1964..1
TARP PUBLIC IN AND FOR ,
NUECE3' COUNTY, TEXAS '
THE STATE OF TEXAS
COUNTY OF, NUECES �•' ' _
" BEE °ORE ME, , ON THIS'DAY PERSONALLY
'APPEARED. FURRY E. REESE AND MlLDRED, JUN'— E EEESE, HIS WIFE, KNOWN TO ME TO DE-
THE PERSONS WHOSE MANES ARE SUSECRtbEO•TO - THE FOREGmNa INSTRUMENT, AND THE SAID HARRY E. REESE ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE*,•• ' -
AND.CONSIOERATION THEREIN EXpRE33ED. AND THE SAID �MILDRED JUNE:'REEBE, WIFE OF.LL_'
THE SAID HARRY Et REESE, HAVING'BEEN EXAMINED BY ME',AItlILY ANb HEART PROM:HER•
HUSBAND, AND HAVING THE BANE FULLY EXPLAINED Tb'HER, SHE, THE BALD MILDRED JUNE
• REESE, ACXNGWLEOGEU SUCH- INSTRUTAENT TQ M'E HER ACT AND OEM, AND DECLARED THAT
SHE 'HAD WILLINGLY SIGNED THE SANE FOR THE PURPOSES ANQ CONSIDERATI -ON THEREIN
EXPRESSED} AND THAT ONE DID NOT WISH TO RETRACT If.
_ a a
GIVEN UNDER W HAND AND SEAL or' OFFICE, iTHIf oAY oF'
TARY PUBLIC IN AND FOR
NUECES COUNTYf TEXAS.
l
CORPUS CHRISTI, TEXAS
DAY OF '9
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; 1, 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,
R
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 FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR. _ LQ