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HomeMy WebLinkAbout04380 ORD - 11/02/1955AC :10/27/55 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $1,173.92 AGAINST THAT CERTAIN PROPERTY FRONTING 11 .9) FEET ON THE EAST SIDE OF AYERS STREET, DESCRIBED AS BEING LOT 1, BLOCK 11, OF SOUTHMORELAND ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AND THE OWNER THEREOF, FRANK D. CUMBEE, FOR AND IN CONSIDERATION OF THE PAY- MENT OF SUCH ASSESSMENT, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A RELEASE OF SPECIAL ASSESSMENT, EVIDENCED BY CERTIFICATE N0. 51, IN THE AMOUNT $1,173.92 AGAINST THAT CERTAIN PROPERTY FRONTING 119.95 FEET ON THE EAST SIDE OF AYERS STREET, DESCRIBED AS BEING LOT 11 BLOCK 112 OF SOUTHMORELAND ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OF RECORD IN VOLUME 5, PAGE 41 MAP RECORDS, NUECES COUNTY, TEXAS, AND THE OWNER THEREOF, FRANK D. CUMBEE, FOR AND IN CONSIDERATION OF THE PAYMENT OF SUCH ASSESSMENT, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT SAID PAYMENT HAVING BEEN MADE, THE NECESSITY OF IMMEDIATELY RELEASING THE SAME TO CLEAR THE TITLE TO SUCH PROPERTY 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 OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DE- CLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 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 A/F 7h, /E R, I T TS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE nC DAY OF 1955• ATTESTy� CITY SECRETARY i SS APPROVED AS LEGAL FORM OsxQ@&R 1955: 51� en y CITY ATTORNEY MAYOR r� THE CITY OF CORPUS CHRISTI, TEXAS t o Yo MEM:10 /27/53 RELEASE OF LIEN THE STATE OF TEXAS 0 Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HUECES 6 WHEREAS, BY VIRTUE OF AN ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, DULY ENACTED BY ITS CITY COUNCIL ON THE 23RD DAY OF SEPTEMBER, 1952, THERE WAS LEVIED AN ASSESSMENT IN THE SUM OF ONE THOUSAND ONE HUNDRED SEVENTY -THREE AND 92/100 DOLLARS ($1,173.92) A -AAINST PROPERTY SITUATED IN SAID CITY, FRONTING 119.95 FEET ON THE EAST SIDE OF AYERS AND DESCRIBED AS FOLLOWS: LOT 1, BLOCK 11, OF SOUTHMORELAND ADDITION TO THE CITY OF CORPUS CHRISTI, HUECES COUNTY, TEXAS, AS SHOWN BY MAP OF RECORD IN VOLUME 5, PAGE 4, MAP RECORDS, HUECES COUNTY, TEXAS (EXCEPT THAT PORTION USED BY THE CITY fOR THE WIDENING OF AYERS STREET) AND AGAINST THE REAL AND TRUE OWNER THEREOF, NAMED AS FOLLOWS: FRANK D. CUMBEE: AND WHEREAS, SAID SPECIAL ASSESSMENT WAS EVIDENCED BY SUCH ASSESSMENT CERTIFICATE ND. 51 ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS. ON THE 13TH DAY OF JANUARY, 1953; AND WHEREAS, THE SAID ASSESSMENT CERTIFICATE HAS BEEN FULLY PAID OFF AND SATISFIED, AND AT THE TIME OF ITS PAYMENT THE CITY OF CORPUS CHRISTI WAS THE OWNER AND HOLDER OF SAID CERTIFICATE AND OF ALL LIENS SE- CURING ITS PAYMENT: NOW, THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNI- CIPAL CORPORATION, FOR AND IN CONSIDERATION OF THE PAYMENT OF SAID SPECIAL ASSESSMENT DOES HEREBY RELEASE SAID PROPERTY FROM ALL LIENS SECURING THE PAYMENT OF SAID ASSESSMENT AND THE OWNER OF SAID PROPERTY FROM ALL PERSONAL LIABILITY CREATED BY THE ISSUANCE Of SAID CERTIFICATE AND THE OTHER PRO- CEEDINGS ABOVE REFERRED TO, AND DOES DECLARE SAID SPECIAL ASSESSMENT FULLY SATISFIED AND DISCHARGED. IN WITNESS WHEREOF, THIS INSTRUMENT 15 EXECUTED BY THE PROPER CITY OFFICIALS AND THE CORPORATE SEAL AFFIXED THIS DAY OF , 1955. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM OCTOBER ,1955: CITY ATTORNEY THE STATE OF TEXAS 0 0 COUNTY OF NUECES 0 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PER- SONALLY APPEARED RUSSELL L. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1935. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS CORPUS C ISTIl TEXAS 195" TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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 REQUCST 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 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER P.0 I_E WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO r THE ADOVE ORDINANCE WAS PASSED aY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER a MANUEL P. MALDONADO `f38°