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HomeMy WebLinkAbout03110 ORD - 08/07/1951AN ORDINANCE TERMINATING A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND T•D NFEL9 BROS. BEING THE CONTRACT AUTHORIZED BY AND DESCRIBED IN ORDINANCE N0. 3052; AND AUTHORIZING AND DIRECTING THE CITY MANAGER Tb EXECUTE A RELEASE OF SIDEWALK AND STREET IMPROVEMENT LIENS FOR THE IMPROVING BY CONSTRUCTING SIDEWALKS, CURES AND GUTTERS ALONG THAT PORTION OF PORT AVENUE FROM THE SOUTH BOUNDARY Lin OF WEST BROADAAY TO THE _ NORTH BOUNDARY LINE OF MORGAN AVENUE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, AS FIXED BY ORDINANCE N0. 3051; DECLARING THE PROJECT AS DESCRIBED IN SAID ORDINANCE NO. 3051 ABANDONED; AND DECLARING AN EEERGENCY. 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 Heldenfele Brothers, on the 29th day of May, 19511 for constructing aidcwalks and curbs on that portion of Port Avenue extending from the south boundary line of West Broadway to the north boundary line of Morgan Avenue, as more fully set out and defined in Ordinance No. 3052 enacted May 29, 1951, has been and is terminated and is of no further force or effect and that Reldenfels Borthers should not be compelled to proceed under said contract; and WHEREAS, this City Council has determined that it is desirable for the best interest of the City that no further action be had under said contract, and that none of the improvements contemplated and provided for in said ordinances passed in connection with such sidewalk and curb 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 cloud, if any, be removed by the repeal of all ordinances passed in connection with such sidewalk and curb improvement program, NOW, THEREFORE, BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASt SECTION 1. Said contract is hereby declared to be terminated and of no further force or effect and it is hereby declared that Heldenfels 110 Brothers is not obligated to proceed under said contract, and the,said Heldenfels Brothers and the City of Corpus Christi are each hereby fully relieved of all obligations thereunder, in accordance with a written agreement with said Heldenfels Brothers to abandon said project. SECTION 2. All ordinances, resolutions and motions heretofore enacted or passed by the Council of the City with reference to construction of sidewalks and curbs along said portion of Port Avenue are hereby repealed and held for nought. SECTION 3. That the City Manager of the City of Corpus Christi is hereby authorized and directed to execute a release of all liens for sidewalk and curb improvements on all properties assessed under the ordinances 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 con - atructed 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 mitt THE STATE OF TEXAS C RHOS ALL MEN BY TBSS& PRESENTS: . COUNTY CF NUWW Q WHEREAS, by Ordinance No. 3051 adopted on the 29th day of May, 1951, by its City Council, the City of Corpus Christi, Texas, hereinafter called *City*, determined the necessity for, and ordered the improvement of Fort Avenue by constructing sidewalks, curbs and gutters along that portion of Port Avenue from the south boundary line of Best Broadway to the iiorth boundary line of Morgan Avenue in said City between limits in said Ordinance defined, and provided that a part of the cost of such improvement be assessed and made a lion upon property abutting thereon; MIEPEAS, 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 29th day of May, 1951s and recorded in Volume 517 , Page 171, of the Deed Records of said County; and - WHEREAS, by Ordinance No. 3056, passed by said City on the 29th day of May, 1951, 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 tine owners thereof, said sections of said streets being defined as follows, to -wit: That portion of Port Avenue extending from the south boundary Line of ltbat Broadway to the north boundary line of Morgan Avenue. TWEREAS, the improvements on said streets more not constructed by Reldenfels Brothers and the said contract has been duly terminated, and no valid lien is in fact in existence; NON, THEREFORE, The said City in consideration of the premises does hereby RELEASE said property and each and all of 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'pro- ceedings of said city above referred to, and declaring said special assessments of no force and effect. EXECUTED THIS day of August, A. D. 1951. TEE CITY OF CORPUS CMUSTI, TEXAS BY Collier, Manager City ec wry APPROVED AS TO LBUAL FOEM: City Attorney — STATE OF TRW 0 COUNTY OF NUECFSb BEFORE ME, the uodersigied 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 fore;roing instrunent, and acknowledged 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. OIVKN UNDER MY HAND AND SEAL OF OFFICE this the ._ day of August, A. D. 1951. Notar7--1u11fc­1n—ZH for the County of Nuecea, Texas. - JZiU�= 3 3 aid d -P 1- rl u5i X14 :_ a - ��� SECTION 4. The necessity for clearing title to lands, covered by this special assessment for sidewalk and curb improvements 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, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED This the 7th day of August, A.D. 1951. VA OR e i y o orpne s, Texas ATTEST: ttyy eor. APPROVED AS TO LEGAL FORM: City Attorney Corpus Christi, Texas '—' / TO THE PWERS 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 introduced, or at the present meeting of the City Council. Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman 1 Jack DeForrest ^� Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Viasserman Jack LeForrest Barney Cott Sydney E. Herndon ^ gyp George L. Lowman S //0