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