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HomeMy WebLinkAbout09123 ORD - 11/20/1968B,Iw:11/12/68 • AN ORDINANCE DECLARING TERMINATION OF THE INTENT TO ASSESS CERTAIN PROPERTY IN CONNECTION WITH SIDEWALK IMPROVEMENTS UNIT 11, AS SET FORTH IN ORDINANCE NO. 77336, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 6, 1965, AND THE NOTICE OF THE CITY SECRETARY FILED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, ON THE 6TH DAY OF OCTOBER, 1965, IN VOLUME 1108, PAGES 302 -303, DEED RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL RELEASE OF ALL PROPERTY ABUTTING ON THE FOLLOWING STREET AFFECTED BY REASON OF SAID NOTICE, IN CONNEC- TION WITH SIDEWALK IMPROVEMENTS UNIT II: 1. LOT 1r BLOCK 5r MALIBU HEIGHTS UNIT 1 2. LOT 24, BLOCK 4, MALIBU HEIGHTS UNIT I 3. LOT 1, BLOCK 4, MALIBU HEIGHTS UNIT I jI LOT 33, BLOCK 3, MALIBU HEIGHTS UNIT 1 5. LOT 1, BLOCK 3, MALIBU HEIGHTS UNIT 1 6. LOT 1, BLOCK 2, MALIBU HEIGHTS UNIT 1 7. LOT 1, BLOCK 1, MALIBU HEIGHTS UNIT I AND DECLARING AN EMERGENCY. WHEREAS, IT HAS BEEN DETERMINED BY THE CITY COUNCIL THAT CERTAIN SIDEWALK IMPROVEMENTS HERETOFORE PROPOSED TO BE INSTALLED IN CONNECTION WITH SIDEWALK IMPROVEMENTS UNIT 11 HAVE BEEN INSTALLED BUT THAT PORTIONS OF SUCH PROPOSED SIDEWALK IMPROVEMENTS WERE NOT INSTALLED AND THE PROPERTY ABUTTING SUCH UNIMPROVED PORTIONS AND THE OWNERS THEREOF SHOULD BE RELEASED FROM THE NOTICE THEREFOR OF RECORD IN VOLUME 1108, PAGES 302 -303, DEED RECORDS, NUECES COUNTY, TEXAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IT HAS BEEN DETERMINED BY THE CITY COUNCIL THAT THE INTENT TO ASSESS CERTAIN PROPERTIES IN CONNECTION WITH SIDEWALK IMPROVEMENTS UNIT 11, AS SET FORTH IN ORDINANCE ND. 7736, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 6, 1965, WILL NOT AT THIS TIME, AND BY VIRTUE OF SAID ORDINANCE AND PROCEEDINGS, BE PURSUED AS SET FORTH IN THE NOTICE OF THE CITY SECRETARY FILED IN VOLUME 1108, PAGES 302 -303, DEED RECORDS OF NUECES COUNTY, TEXAS, ON THE 6TH DAY OF OCTOBER 1965, AS TO THE FOLLOWING DESCRIBED PROPERTIES: I. LOT It BLOCK 5r MALIBU HEIGHTS UNIT I 2. LOT 24, BLOCK 4, MALIBU HEIGHTS UNIT I Y 3. LOT 1, BLOCK , MALIBU HEIGHTS UNIT I LOT 33, BLOCK 3, MALIBU HEIGHTS UNIT I 5. LOT 1, BLOCK 3, MALIBU HEIGHTS UNIT 1 6. LOT 1, BLOCK 2, MALIBU HEIGHTS UNIT 1 7. LOT 1, BLOCK 1, MALIBU HEIGHTS UNIT 1, ALL OF SAID PROPERTIES BEING SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS. 912111 SECTION Z. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A GENERAL RELEASE OF THE ABOVE DESCRIBED PROPERTIES, AND THE OWNERS THEREOF AFFECTED BY REASON OF THE NOTICE AFORESAID, FILED IN THE OFFICE OF THE COUNTY CLERK UNDER DATE OF OCTOBER 6, 1965. SECTION 3. THE NECESSITY TO RELEASE THE HEREINABOVE DESCRIBED PROPERTIES FROM PAVING LIENS HERETOFORE ASSESSED, CREATES A PUBLIC EMERGENCY AND 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 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, AND HAVING REQUESTED THE SUSPENSION OF THE 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF NOVEMBER, 1968. /u PEIf YO CITY SECRETARY iglC NU4 ! THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: TD Y OF NOVEMBER 1968: CITY ATTORNEY • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI,.TEXAS P�ot� DAY OF 14_ . FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, Y R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLA CKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS AL Q, r , Qlj THE STATE OF 'TEXAS ! V" Couay of NUECE5 ! RELEASE mal ALL WJ4 DY THESE PRESENT$: WHOM, OY ORDINANCE ND. 7736, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI am OCTOBER 6, 1965, THERE WAS DETERMINED THE NECESSITY FOR SIDEWALK IMPROVEMENTS ON THE NAMED STREETS SET FORTH THEREIN] AND VIHEREAS, BY INSTRUMENT DATED ocTOoER 6, 1965, RECORDED AN VOLUt -IE 1108, PAGES 302 +303, U'rEL RECOROG OF NuECEO COUNTY, TExAS, THE CITY OF CORPUS CHRIST GAVE NOTICE OF THE SIDEWALKIMPRoVEMENTS SET OUT IN THE AFOREMENTIONED ORDIrJA;CC; AND WHEREAS, IT IS NOW DETERMINED THAT SIDEWALK IMPROVEMENTS WERE NOT INSTALLED ABUTTING THA HEREINAFTER DEBCRIDED PROPERTIES AFFECTED BY DAID ORDINANCE AND NDTtCE, AND THE; INTENTION TO AS3F-,53 SAID PROPERTIG3 WITHIN THE 'LIMITS DEFINED .BELOW HAO BEEN TERMtHATGDL I., LOT 1P BLOCK 5J MALIBU HEIGHTS LhIT t 2. LOT 24, BLOCK 4, MALIOU HEIGHTS UNIT 1 LOT 1, BLOCK 4, MALIDU HEIGHTS UNIT 1 LOT 33, BLOCK 3, MALIBU HEIGHTS UNIT 1 5. LOT i, ULOCK 3, MALIBU HEIGHTS UNIT 1 6. LOT 1, BLOCK 2, MAL1ou HEIGHTS UNIT 1 7, LOT 1, DLOCK 1, MAL10U HEIGHTS UNIT I WJ, THEREFORE, IN CONSIDERATION OF THE PREMISES, THE CITY OF CORPUS CHRISTI, A MUNICIPAL, CORPOIRATION, ACTING HEREIN DY AND THROUGH ITS CITY MANAGER, DOE$ RELEASE THE PROPECSTY MORE FULLY SET OUT AaOVE FROM ALL LIEt1S REPRI= SENTED BY SAID ORDINANCE AND NOTICE AND THE OWNERS OF SAID PROPERTY FROM ALL PERSONAL LIABILITY CREATED BY SAID ORDINANCE AND NOTICE. Ei4ECUrED THIb THE DAY OF ATTEST. CITY OF CORPUS Li. °1ST1, TEXAS DY CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER DAY OF . 1968: � J CITY ATTORNEY - THE STATE OF TEXAS COUNTY OF NUECES 1 8EFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOdNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, .A MUNICIPAL CORPORATION, KNOWN -TO M£ TO 09 THE PERSON AND OFFICER WHOSE NAME 18 OU83CRID£D 70 THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND OEEO OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPh9S9E_D AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY KAND AND SEAL OF OFFICE, THIS THE E DAY OF 19Q. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS