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HomeMy WebLinkAbout02947 ORD - 12/13/1950AN ORDINANCE TERMINATING A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND J. M. DEILINGER$ INC., BEING THE CONTRACT AUTHORIZED BY AND DESCRIBED IN ORDINANCE NO. 2797; AND AUTHORIZING AND DIRECTING THE CTTY NANAGER TO EIECUTE A RELEASE OF SIDEWALK LIENS FOR SIDEWALK IMPROVEMENTS AIM PORTIONS OF CERTAIN STREETS, TO -WIT: AIAMEDA STREET, MINNESOTA AVENUE, LAWNVISW, TOPEKA, BROWNLEE BOULEVARD, RCOSEVELT DRIVE, RAMSN.R STREET, CLARK DRIVE, NORTON STREET, NAPLES STREET, LOGAN AVENUE, FLORIDA AVENUE, SOUTH STAPLES STREET, SIK WTH STREET, NIN WITH STREET, ELIZABETH STREET, PRE9COTT STREET, SARITA STREET; AYERS STREET, TARLETON STREET, EDNARAS STREET, MORGAN AVENUE, COLEMAN AVENUE, MARY STREET, ELEVENTH STREET, SOUTH AIAMEDA STREET, CRAIG STREET, BUFORD STREET, HANCOCK STREET, MUELLER STREET, BURKE DRIVE, UPRISER. ROAD, OAK PARK AVENUE, SANTA FE. STREET, PEABOUY AVENUE, SAM RANKIN STREET, TANCAHUA STREET, CARANCAHUA STREET, BLUCHER STREET, CAWS LL STREET, MESTINA SffM, LEOPARD STREET, WINNEBAGO STREET, TIMOR BOULEVARD AND AVENUE 'PC", AND DECLARING AN EMERGENCY. WHEREAS, for good, sufficient and legal reasons and upon the basis of careful study and consideration, this Council has determined that the contract previously entered into by the City and J. M. Dellinger, _ Inc., on the 27th day of June, 1950, for constructing sidewalks, along ti portions of certain streets above named)as more fully set out and defined in Ordinance No. 2797 enacted June 27, 1950, has been and is terminated and is of no further force or effect and that J. M. Dellinger, Inc, should not be compelled to proceed under said contract; and WHEREAS, this City Council has determined that it is desirable for the beat interest of the City that no further action be had under said contract, and that none of the improvements contemplated and pro- vided for in said ordinances passed in connection with suds sidewalk a� program have been made, and WHEREAS, said ordinances might constitute a cloud on the title to certain properties in the City of Corpus Christi and it is advisable that said clouds if any, be removed by the repeal of all such ordinances passed in connection with such sidewalk,improvement program, Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Said contract is hereby declared to be terminated and of no further force or effect and it is hereby declared that J. M. 047 Dellinger, Inc. is not obligated to proceed under said contract, and the said J. M. Dellinger, Inc. and the City of Corpus Christi are each hereby fully relieved of all obligations thereunder. SB3TION 2.. All ordinances, resolutions and motions heretofore enacted or passed by the Council of this City with reference to construc- tion of sidewalks \along certain portion$ of streets designated in said Ordinance No. 2797'&re hereby repealed and held for naught,lrJand all monies appropriated therein are hereby returned to the funds from which same were appropriated. SECTION 3. That the City Manager of the City of Corpus hristi is hereby authorized and directed to execute a release of sidewalk liens ;rs9< for sidewalk improvements on all properties assessed under the ordinances N above referred to and against the real and true owners thereof as set forth in said release of sidewalk lien as appears herein, for the reason that said improvements were not constructed and will not be constructed under authority of said ordinances, and no valid lien is in fact in existence, the substance of said release of liens as appears herein, is made a part hereof for all pertinent purposes, to --wit: THE STATE OF TFSAS I } OF N COIJNPY DECF9 IOW ALL WEN BY TIME PRESENTS: WHEREAS, by Ordinance No. 2797 adopted on the 27th day of June, 1950, by its City Council, the City of Corpus Christi, Texas, hereinafter called "City ", determined the, necessity for, and ordared the improvement Of certain property by constructing, reconstructing, repairing and realigning sidewalks along portions of certain streets in said City between limits in said Ordinance defined, and provided that a part of the cost of such in- provements be assessed and made a lien upon property abutting thereon; WHEREAS, a Notice of such action on the part of said City was duly filed in the office of the County Clerk of Nueces County on the 27th der of June, 1950, and recorded in Volume 476, Page 234, of the Deed : Records of said County; and WIBREAS, by Ordinance No. 2E46, passed by said City on the 8th day of August, 1950, and other proceedings of said City Council, there use levied an assessment against property abutting along certain streets within limits therein defined and against the real and true owners thereof, said sections of said streets being defined as follows, to- wit: East side Alameda St, from Proctor St. to Glasebrook South side IAinresota Avenue from Austin to ::ants Fe West Side Iavaview St, from Chamberlain to Texas ave. East Side Topeka St. from Minnesota Ave, to Glasebrook East side Topeka St, from Harrison 5t. to Texas Ave. West side Topeka St. from Morrison St, to Toms Ave. East aide Erownlee Blvd, from Southern to So. Staples North side Roosevelt Dr, from Ayers Street to Ramsey South side Roosevelt Dr. from Ayers Street to Ramsey South aide Ramsey St, from Roosevelt Dr. to SW property line, San Houston School East side Clark Dr, from Norton St. to Normandy Dr. Nest side Clark Drive from Norton Street to Normandy South side Norton St. from Ramsay Street to Naples St. ' West side Naples Street from Norton Street to Price St. • Vest side South Staples from Florida Ave. to Fifteenth West side South Staples from Fourteenth St. to Brownlee Blvd. West aids South Staples from Twelfth St. to So. Al—ade St. West side Sixteenth St, from So. Staples St. to YoEenzia West side Sixteenth Street from Elizabeth Street to Morgan Fast side Sixteenth Street from S. Staplers. St. to Morgan Bast We Nineteenth St. from Bay Terrace #1 tract line to Prescott Street . North side Elizabeth Street from Eighteenth Street to Nineteenth South side Elizabeth Street from Eighteenth St. to Nineteenth East side Prescott Street from So. Port Ave. to Tarleton St. Bast aide Prescott Street from Baldwin Blvd. to Eighteenth West side Prescott Street from S. Port Ave. to Hinsteenth St. Beat side Sarita Street from Baldwin Blvd. to Francis St. West side Sarita Street from Baldwin Flvd. to Francis St. East aide Ayers Street from Watson St, to Cleaner East aide Ayers Street from Richard St. to Price East aide Ayers Street from Baldwin Blvd. to Eighteenth Qouth side Tarlaton St. from Naples St. to Ayers North side Edwards Street from Naples St. to Ayers St. North aide Morgan Ave. from Airport Road to Guatemosin North side Morgan Ave, from Balboa St. to So. Port North aide Golemen Ave. from Nineteenth St. to Twenty- aecond St. South side Coleman Ave, from Nineteenth St. to Twenty - second St. North side Mary St, from Brownlee Blvd. to Nineteenth South aide Mary St. from Brownlee Blvd. to Nineteenth West side Brownlee Blvd. from Buford St. to Agnes St. East aide Brownlee Blvd. from Morgan Ave. to Agnes St. East side Eleventh St. from Booty St. to Buford St. Vast aide Eleventh St. from Booty St. to Buford St. L'1 East side South Alameda St, from Ayers St, to Craig St, hest aide S. Alameda St. from Ayers St. to Craig St. East side South Alameda St. from Buford St. to It, Oak East aide S. Staples from S. Alameda 9t. to Elisabeth Hest side S. Staples from S. Alameda St. to Elisabeth East aide S. Staples from Morgan Ave. to Buford St. Heat side S. Staples from Forgan Ave. to Buford St. * East side S. Staples from Farman Ave. to Park Ave. East side S. Staples from vary St, to Marguerite St. Hest side S. Staples from Coleman Ave. to Park Ave. East side Santa Fe from Booty St. to Elizabeth St. Vast side Santa Pe St. from Elisabeth St, to Craig East side Santa Fe St. from Craig St. to Buford South aide Elisabeth St. from Eleventh St. to S. Alameda North side Elizabeth St. from Eleventh St, to S. Staples South side Craig St, from Brownlee Blvd. to Tenth St. North aide Craig St. from Brovnlae Blvd. to Eleventh South side Craig St. from Sixth St. to Seventh St. North side Craig St. from Santa Fe St. to Thiel St. North side Craig St, from Ocean Dr. to Second St. South side Craig St. from Ocean Dr. to Second St. North side Buford St. from Tenth to Eleventh South side Buford St, from Tenth to Eleventh North aide Buford St: from S. Alameda St, to Seventh St, South side Buford St. from S. Staples to Santa Fe North aide Buford St. from Second St. to Sixth St. North side Hancock St. from S. Staples St. to Seats Fe South aids Hancock St. from S. Staples St. to Santa Fe South side )ladle' St. from Erwin Ave, to Oliver Ct. Vest side Burke Dr. from Up River Bd. to South property line, Oak Park School North We Bp River Road from Burke Dr. to Erwin Ave. Bast side Oak Park Ave. from Up River Rd. to leopard West side Peabody Ave. from Antelope St. to Nuaces Vest side Peabody Ave. from Dempsey to V. Broadway Vest side Brownlee Blvd. from Laredo St. to Comanche Vest side Brownlee rlvd. from Lipan to Buffalo St. East aide Brownlee Blvd. from Laredo St. to Buffalo St. Vest side Sam ftnkin St. from Howard St. to Comanche Vest side Sam Rankin St. from Lipan St. to Lake St. West aide Sam Rankin St. from Lobo Lane to V. Broadway East side Sam Rankin St. from Caldwell St. to Lipan St. East aide Sam Rankin St. from Leopard St. to Buffalo St. East side Sam Rankin St. from Winnebago St. to Lake St. East side Sam Rankin St. from Lobo St. to W. Broadway East side Tancabua St. from Coleman Ave. to Blucber St. East side Tancahua St. from Comanche St. to Leopard St. West aide Tancabua St. from Kinney St. to Blucher St. West side Tancahua St. from Comanche St. to Lipan St. East aide Carancahua St.'from Park Avenue to Blucher South side Blucher St. from Tancahus St. to Carrico St. North aide Blocher St. from Tancahua St. to Artesian North side Caldwell St. from N. Staples St. to Bon Garza Park South side Galdvell St. from R. Staples St. to Ben Garza Park North side Mestina St. from Culberson St. to Sam Rankin South aide Mantles, St. from Culberson St. to Sam Rankin South side Mestina St. from Waco St. to Artesian St. Rorth side tiestina St. from N. Staples St. to Garrizo St. North aide Leopard St. from Palm Dr. to Peabody Ave. North aide Leopard Sti from N. Port Ave. to Lester St. South side Leopard St; from Palm Dr. to Lester St. South side Leopard St. from Coke St. to Sam Rankin St. North side Leopard St. from Cleveland St. to Coke St. North side Leopard St. from Culberson St. to Sam Rankin South side Leopard St.'from Alameda St: to N. Staples St. North side Winnebago St. from Kaunsdy`Ave. to Waco St. South side Winnebago St, from Kennedy Ave, to San Rankin ' South side Winnebago St. from W. Staples St, to Waco St. South side Winnebago St. from Artesian St. to Tancahaa Worth side Winnebago St. from Padre St.'to Upper W. Broadway West side Timon Blvd, from Burleson St. to St. Nicholas St. East aide Avenue sCa from Perry St, to Hayes St. WHEREAS, the improvements on said streets were not constructed by J. M. Dellinger, Inc., contractor, and no valid lim is in fact `in existence; NOW, THEREFORE$ The said City in consideration of the promises does hereby REITsASE said property and each and all the said lots and blocks from the said purported liens securing the payment of said assessments and the respective ounero.of said property from all personal liability created by the issuance of said ordinances and the other proceedings of said city above referred to, and declaring said special assessments of no force and effect. E2'ECOTRD THIS _ day of December, A. D. 1950. THE CITY OF CO&pCS CHRISTI, TEXAS Bp W. B. Collier, City Manager ATTEST: City Secretary APPROVED AS TO LEGAL FORM: City Attorney STATE OF TEXAS COUNTY Cr RDECES J BEFORE ME, the undersigned authority, on this day parsonally appeared W. B. Collier, City Manegar of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to as that he executed the same as the act and deed of said City of Corpus Christi, for the purposes and consideration therein expressed, and In the capacity therein stated. GMY UNDER MY HAND AND SEAL OF OFFICE this the _ day of December, A. D. 1950. Notary Public in and for the County of Naeces, Texas SECTION 4. The necessity for clearing title to lands covered by this special assessment for eidewalk�zprovements creates a public emergency and public imperative 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 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 from and after its passage, TT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED This the 1y day of December, A.D. 1950. MA OR of the City of Corpus Christi, Texas A --- Q-�- -- — City Secretary APPROVED AS TO AL FORM: C ity Att ey Corpus Christi, Texas , December LZ, 1950 TO THE MUM OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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; I, 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. Respectful , MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Q Jack DeForrest Q/�V Harney Cott o' Sydney E. Herndon George L. Lowman The above ordimnce was passed by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman 49 47 THE STATE OF TEAS i" , KNOW ALL MEN BY THESE PRESENTS: COiINP�. C1F N[�F�FS j WHEREAS, by Ordinapgg,No.,2797 adopted on the 27th day of June, 1950, by its City Council, the City of Corpus Christi, Texas, hereinafter called "City", determined the necessity for, and ordered the improvement of certain property by constructing, reconstructing, repairing and realigning sidewalks along portions of certain streets in said City between limits in said Ordinance defined, and provided that a part of the cost of such im- provements be assessed and made a lien upon property abutting thereon; WHEREAS, a Notice of such action on the pert of said City was duly filed in the office of the County Clerk of Nueces County on the 27th day of June, 1950, and recorded in Volume 476, Page 234, of the :Deed -- Records of said County, and WHEREAS, by Ordinance No. 2846, passed by said City on the Sth day of August, 1950, and other proceedings of said City Council, there was levied an assessment against property abutting along certain streets within limits therein defined and against the real and true owners thereof, said sections of said streets being defined as follows, to-wit: East side Alameda St. from Proctor St, to Glazebrook South aide Minnesota Avenue from Austin to Santa Fe West Side Lawnview St, from Chamberlain to Texas ave. East Side Topeka St. from Minnesota Ave, to Glazebrook East side Topeka St. from Harrison St. to Texas Ave. West aide Topeka St. from Harrison St. to Texas Ave. East side Brownlee Blvd, from Southern to So. Staples North side Roosevelt Dr. from Ayers Street to Ramsey South side Roosevelt Dr. from Ayers Street to Ramsey South aide Ramsey St, from Roosevelt Dr, to SW property line, Sam Houston School East side Clark Dr. from Norton St. to Normandy Dr. West side Clark Drive from Norton Street to Normandy 1-11 1 7 VOL 498 PpU M South aide Norton St. from Ramsey Street to Naples St. , West side Naples Street from Norton Street to Price St. West side South Staples from Florida Ave. to Fifteenth West side South Staples from Fourteenth St. to Brownlee Blvd. West side South Staples from Twelfth St, to So. Alameda St. West side Sixteenth St, from So. Staples St, to McKenzie West side Sixteenth Street from Elizabeth Street to Morgan East side Sixteenth Street from S. Staples St. to Morgan East aide Nineteenth St, from Bey Terrace #2 tract line to Prescott Street North side Elizabeth Street from Eighteenth Street to Nineteenth South side Elizabeth Street from Eighteenth St. to Nineteenth East side Prescott Street from So. Port Ave. to Tarleton St. East side Prescott Street from Baldwin Blvd. to Eighteenth West side Prescott Street from S. Port Ave, to Nineteenth St. East side Sarita Street from Baldwin Blvd. to Francis St. West aide Sarita Street from Baldwin Blvd. to Francis St. East side Ayers Street from Watson St. to Clemmer East side flyers Street from Richard St. to Price East side Ayers Street from Baldwin Blvd, to Eighteenth South side Tarleton St, from Naples St. to Ayers North aide Edwards Street from Naples St. to Ayers St. North side Morgan Ave. from Airport Road to Guatemozin North aide Morgan Ave. from Balboa St. to So. Port North side Coleman Ave. from Nineteenth St. to Twenty- second St. South aide Coleman Ave. from Nineteenth St. to Twenty- second St. North aide Mary St, from Brownlee Blvd. to Nineteenth South side Mary St. from Brownlee Blvd. to Nineteenth West side Brownlee Blvd. from Buford St. to Agnes St. East aide Brownlee Blvd. from Morgan Ave. to Agnes St. Met aide Eleventh St, from Booty St. to Buford St. West We Eleventh St, from Booty St, to Buford St. vo< 498 X284 East side South Alameda St, from avers St, to Craig St. , West aide S. Alameda St. from Ayers St. to Craig St. East side South Alameda St, from Buford St, to Hancock East side S. Staples from S. Alameda St. to Elizabeth West side S. Staples from S. Alameda St, to Elizabeth East aide S. Staples from Morgan Ave. to Buford St. West side S. Staples from Morgan Ave, to Buford St. East side S. Staples from Furman Ave. to Park Ave. East side S. Staples from Mary St, to Marguerite St. West side S. Staples from Coleman Ave. to Park Ave. East side Santa Fe from Booty St. to Elizabeth St. West side Santa Fe St. from Elizabeth St, to Craig Fast aide Santa Fe St. from Craig St. to Buford South We Elizabeth St, from Eleventh St. to S. Alameda North side Elizabeth St. from Eleventh St, to S. Staples South side Craig St, from Brownlee Blvd. to Tenth St. North side Craig St. from Brownlee Blvd. to Eleventh South side Craig St. from Sixth St. to Seventh St. North side Craig St, from Santa Fe St. to Third St. North side Craig St. from Ocean Dr. to Second St. South side Craig St. from Ocean Dr. to Second St. North side Buford St. from Tenth to Eleventh South aide Buford St, from Tenth to Eleventh North side Buford St. from S. Alameda St. to Seventh St. South side Buford St. from S. Staples to Santa Fe North side Buford St, from Second St. to Sixth St. North side Hancock St. from S. Staples St. to Santa Fe South side Hancock St. from S. Staples St, to Santa Fe South aide Moeller St. from Erwin Ave. to Oliver Ct. West side Burke Dr. from Up River Rd. to South property line, Oak Park School North aide Up River Road from Burke Dr. to Erwin Ave. von 498 pAcE285 East side Oak Park Ave. from Up River Rd. to Leopard West side Peabody Ave. from Antelope St. to Nneeea West side Peabody Ave. from Dempsey to W. Broadway West side Brownlee Blvd. from Laredo St. to Comanche West side Brownlee Blvd. from ldpan to Buffalo St. East side Brownlee Blvd. from Laredo St. to Buffalo St. West side Sam Hankin St. from Howard St. to Comanche West side Sam Rankin St. from Lipan St. to Lake St. West side Sam Rankin St. from Lobo Lane to W. Broadway East side Sam Rankin St. from Caldwell St. to Lipan St. East side Sam Rankin St. from Leopard St. to Buffalo St. East side Sam Rankin St. from Winnebago St. to Lake St. East side Sam Rankin St. from Lobo St. to W. Broadway East side Tancahua St. from Coleman Ave. to Blucher St. Fast side Tancahua St. from Comanche St. to Leopard St. West side Tancahua St. from Kinney St. to Blusher St. West side Tancahua St. from Comanche St. to Lipan St. East side Carancabua St. from Park Avenue to Blucher South aide Blucher St. from Tancahua St. to Carrizo St. North side Blucher St. from Tancahua St. to Artesian North side Caldwell St. from N. Staples St. to Ben Garza Park South side Caldwell St. from N. Staples St. to Ben Garza Park North side Mestina St. from Culberson St. to Sam Rankin South aide Mestina St. from Culberson St. to Sam Rankin South side Mestina St. from Waco St. to Artesian St. North side Mestina St. from N. Staples St. to Carrizo St. North side Leopard St. from Palm Dr. to Peabody Ave. North side Leopard St. from N. Port Ave. to Lester St. South side leopard St. from Palm Dr. to Lester St. South side Leopard St. from Coke St. to Sam Rankin St. North side Leopard St. from Cleveland St. to Coke St. North aide leopard St. from Culberson St. to Sam Rankin South side leopard St. from Alameda St. to N. Staples St. North side Winnebago St. from Kennedy 4Lve. to Waco St. von 498 PmE?i" a South side Winnebago St. from Kennedy Ave. to Sam Esnkin South aide Winnebago St. from N. Staples St. to Waco St. South aide Winnebago St. from Artesian St. to Tancahua North aide Winnebago St. from Padre St, to Upper N. Broadway West aide Timon Blvd, from Burleson St, to St. Nicholas St. East aide Avenue eC" from Perry St. to Hayes St. WHEREAS, the improvements on said streets Were not constructed by J. M. Dellinger, Inc., contractor, and no valid lien is in fact in existence; NOW, THEREFORE, The said City in consideration of the premises does hereby REIEASE said property and each and all the said lots and blocks from the said purported liens securing the payment of said assessments and the respective owners of said property from all personal liability created by the issuance of said ordinances and the other proceedings of said city above referred to, and declaring said special assessments of no force and effect. EXECUTED THIS of December, A. D. 1950. THE C r OF CORPUS C ISTI TEXAS R9 W. B. Collier, City Manager Secretary APPROVED AS TO IEGAL FOR14: City'Attorn STATE OF TEXAS COUNTY OF NUECES BEFORE M, the undersigned authority, on this day personally appeared W. B. Collier, City Manager of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same as the act and deed of said City of Corpus Christi, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL CF OFFICE this the /day of December, A. D. 1950. ,ti•"•• Notary PubliC in and for'the County of NuAeces, Texas 1.. fie: THE STATE OR TEXAS COUNTY OF NUECES t, MRS HENRY E GOUGER, and for sold CoumY. do hb P C°�U eTert f ua" County C ere su: In gated Iho y thatfhe fyegwn41no4ument nh the •.� -.�.o ._doY �]fl� mte f authonhc uon was !!ed Aa 2rol056 . dua, fhe__Ejo -d oL..__ _ 1:52 . m "N'." do L&Q M, mtd dW _. Coun1Y, tallness mY hand �� ._ -_.___ • Aa9x �6.� ^...ef ana sed of the CC•,:yy CCwI Cf sa.d Co..;, a' dfiee !a Carpus Chrlsfi, Tezas, the day and yocr lest oboe. wr'tlen MRS. HENRY E. GOUGER COUNTY CL, K. NUECcS•COUNTV ey r