HomeMy WebLinkAbout03081 ORD - 07/03/1951AN ORDINANCE
AMENDING ORDINANOE N0, 3051, PASSED AND APPROVED
BY THE CITY COUNCIL ON THE 29TH DAY OF NAY, 1951,
BY AMENDING SUBDIVISION (C) OF SECTION 5 OF SAID
ORDINANCE CCHRECTIW, THE MM IN WHICH THE
ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY
OWNERS ON PORT AVENUE FROM THE SOUTH BOUNMRY
LINE OF WEST BROADWAY TO THE NORTH BOUNDAHY LINE
OF NORM AVENUE ARE PAYABLE; AND MCLARIW.
AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That subdivision (c) of Section 5 of Ordinance No. 3051,
passed and approved by the City Council on the 29th day of Nay, 1951, is hereby
amended and said subdivision (c) of said Section 5 of said Ordina e shall
hereafter read as follows, to -wit:
"SECTION 5.
e(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 of
sidewalks, curbs and gutters along the portion of saji street to
be improved, exclusive of the amount thereof herein specified to
be paid by any railway, street railway, or interurban, as net out
in sub - section (a) above, and by the City of Corpus Christi, as
set out in sub - section (b) above.
eThe amounts payable by the abutting property and the real
and true owners thereof shall be assessed against such property
and the real and taste 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:
"The amounts of said assessments shall be 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 said 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, such 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 any
of said installments of principal or interest, promptly as same
matures, then at the option of the contractor, or assigns, the
entire amount of the assessments upon which such default is
made shall be and become immediately due and payable, together
with reasonable attorney's 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 improvements."
SECTION 2. The necessity for amending said Ordinance No, 3051 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 I3 ACCORDINGLY SO ORDAINED,
PASSED AND APPROVED, This theO1 df duly, A. D„ 1951.
%—T
2IAYOR � —'
The City of Corpus Christi
City Secretary
APPROVED,AS TO L GAV FORM;
City Attorney
Corpus Christi, Texas
J , 1950
TO THE HERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemens
' 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
introduced, or at the present meeting of the City Council.
Respectfully,
M&YOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon _
George L. Lowman
01—
The above ordinance was passed by the follrnzing votes
Leslie :•iaeserman
,lack 1LeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
JOW