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HomeMy WebLinkAbout09626 ORD - 01/28/1970BJW :1/28/70 AN ORDINANCE DECLARING TERMINATION OF THE INTENT TO ASSESS CERTAIN PROPERTY IN CONNECTION WITH STREET IMPROVEMENTS AS SET FORTH IN ORDINANCE N0. 7682, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON AUGUST 18, 1965, AND THE NOTICE OF THE CITY SECRETARY FILED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, ON THE 18TH DAY OF AUGUST, 1965, AND RECORDED IN VOLUME 1099, PAGE 457 OF THE 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 CONNECTION WITH STREET IM- PROVEMENT: PROPERTY ABUTTING ON FIFTEENTH STREET FROM BALDWIN BOULEVARD TO MORGAN STREET; AND DECLARING AN EMERGENCY. WHEREAS, IT HAS BEEN DETERMINED BY THE CITY COUNCIL THAT CERTAIN STREET IMPROVEMENTS HERETOFORE PROPOSED TO BE INSTALLED IN CONNECTION WITH THE IMPROVEMENT OF COMANCHE, BLUNTZER, PALM DRIVE, BEACH AVENUE, PUEBLO STREET AND FIFTEENTH STREET HAVE BEEN INSTALLED, BUT THAT CERTAIN PROPERTIES AFFECTED BY REASON OF THE NOTICE FILED WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS, IN VOLUME 1099, PAGE 457 OF THE DEED RECORDS OF SAID COUNTY, HAVE NOT BEEN IMPROVED AND THAT SAID ABUTTING PROPERTY AND THE OWNERS THEREOF SHOULD BE RELEASED FROM SAID NOTICE: 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 THE IMPROVEMENTS OF COMANCHE, BLUNTZER, PALM DRIVE, BEACH AVENUE, PUEBLO AND FIFTEENTH STREETS AS SET FORTH IN ORDINANCE NO. 7682, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON AUGUST 18, 1965, WILL NOT AT THIS TIME, AND BY VIRTUE OF THE ORDINANCE AFORESAID MENTIONED AND PROCEEDINGS, BE PURSUED AS SET FORTH IN THE NOTICE OF THE CITY SECRETARY FILED IN VOLUME 1099, PAGE 457 DEED RECORDS OF NUECES COUNTY, TEXAS ON AUGUST 18, 1965, AS TO THE PRO- PERTIES ABUTTING THE FOLLOWING STREET: PROPERTY ABUTTING FIFTEENTH STREET FROM BALDWIN STREET TO MORGAN STREET. m SECTION 2. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A GENERAL RELEASE OF ALL PROPERTIES ABUTTING ON THE ABOVE DESCRIBED STREET, WITHIN THE LIMITS DEFINED, AND THE OWNERS THEREOF AFFECTED BY REASON OF THE NOTICES AFORESAID, FILED IN THE OFFICE OF THE COUNTY CLERK UNDER DATE OF AUGUST 181 1965. SECTION 3. THE FACT THAT THE PROPERTIES ABUTTING ON THE HEREIN- ABOVE DESCRIBED STREET HAVE NOT BEEN IMPROVED AND THE FURTHER FACT THAT THE PROPERTIES ABUTTING SAID STREET ARE PRESENTLY ENCUMBERED AS A RESULT OF THE AFOREMENTIONED NOTICE AND SHOULD BE RELEASED AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND PUBLIC NECESSITY REQUIRING 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 EMERGENCY AND 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 FROM AND \AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OF 1970. ATTEST:'(] /� CITY SECRE ARY APPRO D: DAY OF ,1970: CITY ATTOR Y MAYOR THE CITY OF CORPUS CHRISTI, TEXAS RELEASE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES j WHEREAS, BY ORDINANCE NO. 7682, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON AUGUST 18, 1965, THERE WAS DETERMINED THE NECESSITY FOR IMPROVEMENTS ON THE NAMED STREETS SET FORTH THEREIN; AND WHEREAS, BY INSTRUMENT DATED AUGUST 18, 1965, RECORDED IN VOLUME 1099, PAGE 457 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, THE CITY OF CORPUS CHRISTI GAVE NOTICE OF THE IMPROVEMENTS SET OUT IN THE AFOREMENTIONED ORDINANCE; AND WHEREAS, IT IS NOW DETERMINED THAT THERE WILL BE NO STREET IMPROVE- MENTS ON THE PROPERTY ABUTTING THE HEREINAFTER NAMED STREET, WITHIN THE LIMITS DEFINED, IN CONNECTION WITH THE ABOVE MENTIONED ORDINANCE AND NOTICE, AND THE INTENTION TO ASSESS SAID PROPERTIES WITHIN THE LIMITS DEFINED BELOW HAS BEEN TERMINATED: PROPERTY ABUTTING ON FIFTEENTH STREET FROM BALDWIN STREET! TO MORGAN STREET. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DOES RELEASE THE PROPERTY ABUTTING ON THE STREET ABOVE NAMED, WITHIN THE LIMITS SET OUT ABOVE, FROM ALL LIENS REPRESENTED BY SAID ORDINANCE AND NOTICE AND THE OWNERS OF SAID PROPERTY FROM ALL PERSONAL LIABILITY CREATED BY SAID ORDINANCE AND NOTICE. EXECUTED THIS THE DAY OF , 1970. ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER APPROVED: DAY OF , 1970: CITY ATTORNEY Corpus Chris Texas day of 19,70 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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; I, 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon , Gabe Lozano, Sr. ,b V. A. "Dick"Bradley, Jr.j Eduardo E. de Ases Ken McDaniel I W. J. "Wrangler" RobeY1tsd Ronnie Sizemore The above ordinance was passed by the foll wd"ing vote: Jack R. Blackmon Gabe Lozano, Sr. i V. A. "Dick" Bradley, Jr� --- Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Rooerts; Ronnie Sizemore ��