HomeMy WebLinkAbout13396 RES - 09/15/1976JKH:vp:9 /14/76:1st
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A RESOLUTION
SUBORDINATING PAVING ASSESSMENT LIENS OF THE CITY OF
CORPUS CHRISTI TO THE LOAN LIEN ON THOSE PROPERTIES
ON WHICH 312 LOANS ARE MADE; AND DECLARING AN EMER-
GENCY.
WHEREAS, the City is presently processing housing rehabilitation
loan applications under Section 312 of the Housing Act of 1964; and
WHEREAS, such application requires approval by the U. S. Department
of Housing and Urban Development; and
WHEREAS, grants resulting from said applications are made by the
U. S. Department of Housing and Urban Development; and
WHEREAS, the U. S. Department of Housing and Urban Development has
requested documentation showing the HUD loan as having precedence over other
City liens:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That. although Article 11O5b of the Texas Revised Civil
Statutes gives municipalities such as the City of Corpus Christi a first and
prior lien to secure the payment of street paving assessments, in view of
the priority established by Federal law, Title 31 USCA Section 191 for debts
due to the United States, should any such paving assessment be outstanding
at the time a government 312 loan application is processed, the City of
Corpus Christi will not insist that "first in time is first in right" and
will not foreclose or take other action detrimental to the 312 loan and will
attempt to observe the government's equity in any kind of effort made to
collect the paving assessment.
SECTION 2. The statement of policy contained in Section 1 hereof
shall be effective only in the case of Section 312 loans as authorized by the
Housing Act of 1964 and only until such time as the City Council of the City
of Corpus Christi revokes this subordination policy.
SECTION 3. The necessity to subordinate the City's paving assess-
ment on properties on which 312 loans are being made 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
MICROFILMED,,
(JUN 3 01980 '
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on the date of its introduction but 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 resolution 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 RESOLVED, this the
Lday of September, 1976.
ATTEST:
City Secretary
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
q DAY OF SEPTEMBER, 1976:
J. BRUCE AYCOCK, City Attorney
By
As istant City orney
CORPUS CHRISTI, TEXAS
- 6i
_D Y OF 19161-
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; 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,
a�
MAYOR
E CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE OLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE