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HomeMy WebLinkAbout03080 ORD - 07/03/1951Q AN ORDINANCE , AMENDING ORDINANCE NO, 3056, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 29TH DAY OF MAY, 1951, BY AMENDING SUBDIVISION (C) OF SECTION 3 OF SAID ORDINANCE, CCERECTING THE MANNER IN WHICH THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS OF PORT AVENUE FROM THE SOUTH BOUNDARY LINE OF WEST BROADWAY TO THE NORTH BOUNDARY LINE OF MO2GAN AVENUE ARE PAYABLE; AND DECLARING AN EMERGENCY. BE IT CRDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, That subdivision (c) of Section 3 of Ordinance No. 3056, passed and approved by the City Council on the 29th day of May, 1951, is here- by amended and said subdivision (c) of said Section 3 of said Ordinance shall hereafter read as follows, to• -wit: "SECTION 3. "(c) The property abutting upon said street within the limits above defined and the real and true owners thereof, shall be ' assessed and pay not to exceed the total cost of constructing r of the sidewalks, curbs and gutters along a portion of said street to be improved, as described and designated in said Ordinance No, 3051, exclusive of the amount thereof herein specified to be paid by any railway, street railway, or inter- ' urban, as set out in aub- section (a) above, and by the City of Corprs Christi, as set out in sub- section (b) above. "The amounts payable bycthe abutting property and the real and true owners thereof shall be assessed against each property and the real and true owners thereof and shall constitute a first and prior lien upon such abutting property and a personal liability of the real and true owners thereof, and shall be Payable as follows, to-witr The amounts of said assessments shall be due and payable In four (4) equal annual installments, the first of which shall be due and payable twenty (20) days after the date of said improvements are completed and accepted by the City Council, and the remaining three (3) installments to be due and payable, respectively, one (1), two (2) and three (3) years from and after 300 % R the date of acceptance, together with interest thereon from said date of acceptance at the rate of five percent (5 %) per annum, payable annually; provided, however, that the owners of said property shall have the privilege of paying any one of, or all of, each installments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued, to the date of payment; further, that if default be made in payment of arV of said installments of principal or intere4, promptly as ,same matures, then at the option of the contractor, or assigns, the entire amount of the assessment upon which such default is made shall be and become immediately duo and payable, together with reasonable attorneys fees and collection costs, if incurred; however, it is specifically stipulated and provided that no assessment shall in any case be made against any property or the real and true owners thereof in excess of the special benefits to accrue to such property in the enhanced value thereof resulting from said improvementse ' SECTION 2. The necessity for amending said Ordinance No, 3056 in order to correctly show the manner in which assessments against property abutting upon Port Avenue, within the limits above defined, shall be payable, 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 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 such emergency and necessity to exist, requesting that such Charter Rule be suspended, and that this ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, PASSED AND APPROVED, This the _SjLI'6 day of Jnly, A.D., 1951. Tr MAYOR City Secretary The City of Corpus Christi APPR 'D AS TO LWAL t ,q ty Attorney Corpus Christi, Texas TO THE 2MUMS OF TEE CITY COUNCIL 1951 Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fors- 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 throe meetings of the City C ouncil; 1, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MYOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForreat Barney Gott Sydney E. Herndon George L. Lcwman The above ordinance was passed by the following vote- Leslie Wasserman Jack DeFor—st Barney Cott Sydney E. Herndon George L. Lowman -�6'70