HomeMy WebLinkAbout04500 ORD - 04/11/1956INIS : AC. 4 /10/56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A RE-
LEASE OF PURPORTED LIENS AGAINST CERTAIN PROPERTY ABUTTING
UPON OLD ROBSTOWN ROAD BETWEEN THE NORTH BO ND LINE OF
AGNES STREET AND THE SOUTH BOUNDARY LINE OF UP RIVER ROAD
AND THE REAL AND TRUE OWNERS THEREOF CREATED OR PURP R D
TO BE CREATED BY SAID PROCEEDINGS OF THE CITY OF CORPUS
CHRISTI, TEXAS, FOR THE REASON THAT THE FINAL ASSESSMENT
AGAINST SUCH ABUTTING PROPERTY ASSESSED NO PART OF THE
COST OF THE IMPROVEMENTS AGAINST SUCH PORTIONS OF THE
ABUTTING PROPERTY AS ARE HEREIN AUTHORIZED TO BE RELEASED
ALL AS MORE FULLY SET OUT IN SAID RELEAS , A COPY OF 'WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING
AN EMERGENCY.
:WHEREAS, BY ORDINANCE DATED NOVEMBER 14, 1950, THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI APPROVED PLANS AND SPECIFICATIONS AND ORDERED THE
IMPROVEMENT OF OLD ROBSTOWN ROAD BETWEEN AGNES STREET AND UP RIVER ROAD, AND
GAVE NOTICE OF THE INTENTION TO INSTALL SUCH IMPROVEMENTS AND ASSESS THE SENE-
FITS AGAINST PROPERTY ABUTTING ON SAID OLD RODSTOWN ROAD AND DULY FILED NOTICE
IN THE NAME OF THE CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND
WHEREAS, BY ORDINANCE NO. 2944, PASSED AND APPROVED ON THE 12TH DAY
OF DECEMBER, 1950, CERTAIN ASSESSMENTS WERE MADD AGAINST THE VARIOUS PROPERTY
OWNERS AND PROPERTIES ABUTTING SAID OLD RODSTOWN ROAD FOR THE IMPROVEMENT OF SAID
OLD ROBSTOWN ROAD, SAVE AND EXCEPT CERTAIN PROPERTIES,ABUTTING SAID OLD ROBSTOWN
ROAD ALREADY HAVING CERTAIN IMPROVEMENTS INSTALLED ABUTTING SAID PROPERTIES; AND
WHEREAS, NO ASSESSMENT WAS MADE AGAINST CERTAIN PROPERTY PREVIOUSLY
DESCRIDED IN SAID PROVEEDINGS AS FOLLOWS:
A. G. .DYERS, LOT 1, BLOCK�,SAXET HEIGHTS
I. S. BARTON, LOTS 15, 162 BLOCK 1, SAXET HEIGHTS
D. C. SAGARIN02 LOT 141 BLOCK 1, SAXET HEIGHTS
J. A. GARCIA, LOT 13, BLOCK 11 SAXET HEIGHTS
MARIE ZERR, LOTS 11, 12, BLOCK 1, SAXET HEIGHTS
R. R. BROOKS & i,I.B. REED, LOT 101 BLOCK 11 SAXET HEIGHTS
I. ld. KEYS, LOTS H, /l, uLOCK 1, SAXET HEIGHTS
M. SANGSTER, LOT 7, BLOCK 1, SAXET HEIGHTS
MARIE ZERR, LOTS 5, 6, BLOCK 11 SAXET HEIGHTS ,
P. P. EWING, LOTS 2, O1 41 BLOCK 1, SAXET HEIGHTS
F. I4. MCGREGOR, LOT 1, BLOCK 1, SAXET HEIGHTS
LILLIAN P. MOFFETT, LOT 1, BLOCK 61 SAXET HEIGHTS;
AND
qs60
WHEREAS, SAID PURPORTED LIENS SHOULD BE RELEASED AND REMOVED AS A
CLOUD ON THE TITLE TO SAID PROPERTY:
NO',(, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY 'MANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A RE-
LEASE OF PURPORTED LIENS AGAINST CERTAIN PROPERTY ABUTTING UPON OLD ROBSTOWN
ROAD UETWEEN THE NORTH BOUNDARY LINE OF AGNES STREET AND THE SOUTH BOUNDARY LINE
OF UP RIVER ROAD AND THE REAL AND TRUE OWNERS THEREOF CREATED OR PURPORTED TO
DE CREATED BY SAID PROCEEDINGS OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE
REASC+l THAT TH,T FINAL ASSESSMENT AGAI[iST SUCH ABUTTING PROPERTY ASSESSED NO PART
OF THE COST OF THE INPROVEMENTS AGAINST SUCH PORTIONS OF THE ABUTTING PROPERTY AS
ARE HEREIN AUTHORIZED TO BE RELEASED, ALL AS MORE FULLY SET OUT IN SAID RELEASE,
A COPY OF WHICH IS ATTACHED HERETO AIJD MADE A PART HEREOF.
SECTION 2. THE NECESSITY OF REMOVING THE CLOUD ON THE TITLE TO SAID
PROPERTY IMMEDIATELY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
RQQUIRING THE SUSPENSION OF SUCH CHARTER RULE THAT NO ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE
OR RESOLUTIOfJ SHALL DE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND
THE MLAYOR, HAVII'IG DECLARED 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 DE IN FULL FORCE AND EFFECT FROM
AHD AFTER THE DATE OF ITS INTRODUCTION AND PASSAGE, IT IS ACCORDINGLY PASSED AND
APPROVED, THIS THE // DAY OF APRIL, 1956.
A TTEs
//-
CITY SECR TAR
APPROVED AS TO LEGAL FORM
APRIL _1 _r_ _, 1956-
CITY A'b'TORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ACA/12/�6
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" TMMe STATE t11' TEXAS
KNOW ALL MIEN BY THESE' PRESUTat
CGUK Y OF NUECES
WHEREAS, BY ORDINANCE No. 2929, ADOPTED; ON THE 14TH DAY DF NOVEIR3ERN
1950, BY THE CITY COUNCIL, THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED INC "CITY',
DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF CERTAIN PROPERTY IN-
CLOSING THAT PORTION OF OLD ROBSTOWN ROAD BETWEEN AGNES STREET AND UP RIVER ROAR
BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING, OR REPAIRING SAME, BY
THE CONSTRUCTION, RECONSTRUCTION, REPAIRING, OR RE «i4*IkMI'i?W SIDEIWALKBy CUR ®S
AND GUTTERS ALONG SAID STREET BETWEEN THOSE LIMITS DESCRIBED AND PROVIDING THAT
AN ASSESSMENT BE LEVIED AGAINST ABUTTING PROPERTY AND OWNERS T$ENEOF, AND
WHEREAS, NOTICE OF MUCH ACTION WAS DULY FILED WITH INC COUNTY CLERK
OF NUECE9 COUNTY, TEXAS, A CONTRACT ENTERED INTO BY AND BETWEEN THE CITY AND
J. N. UELLINGER, INC., A PUBLIC HEARING SET AND NOTICE THEREOF DULY GIVEN) AND
WHEREAS, SAID PUBLIC HEARING WAS DULY HEARD ON THE 57H DAY OF DECEMDER,
1950; AND
WHEREAS, BY ORDINANCE NO. 2944, CLOSING SAID HEARING, THE CITY
COUNCIL OF THE CITY OF CORPUS CHRISTIy FOUND AND DETERMINED THAT UPON EVIDENCE
HEARD IN REFERENCE TO EACH AND EVERT PARCEL OF LAND ARUTTfNO UPON OLD ROS /TOWN
ROAD WITHIN THE LIMITS ABOVE DEFINEOy AND LEVIED CERTAIN ASSESSMENTS AGAINST
THE VARIOUS PROPERTY OWNERS AND PROPERTIES ABUTTING SAID OLD ROeiTOWN ROAD FOR
INC IMPROVEMENT OF SAID OLD RODSTOWN ROAD, SAVE AND EXCEPT CERTAIN PROPERTIES
ABUTTING SAID OLD ROBSTOWN ROAD ALREADY HAVING CENTAININPROVEMENTS INSTALLED
ABUTTING SAID PROPERTIES; AND
WHEREAS, NO ASSESSMENT WAS MADE AGAINST CERTAIN PROPERTY PREVIOUSLY
DESCRIBED IN SAID PROCEEDINGS AS FOL4oWSt
A. G. NYERS, LOT 1, BL*cx 8, SAXET MIEIGMTS
I. S. SARToN, LOTS 15 16, BLDcK 1, SAXET M1EIaNTS
D. C. SAGAAINO, LOT 14, ;:OCK 1, SAXE* HEIGHTS
J. A. 3ARCIA, LOT 13, BLOCK 1, SAXET MZISHTS
NARIE ZERO, LOTS 11, 12, BLOC., 1, SAXET MKIONTS
R. R. BROOKS a M. B. REED, LOT 10, BLOCK 1, SAXET HEIGHTS
I. W. KEYS, LOTS 8, 9, BLOCK 1, SAXET HEIGHTS
N. SANGSTER, LOT 7, BLOCK 1, SAXET NtIaNTS
NAR1E ZERR, LOTS 5, 6, BLOCK 1, SAXE: He1GHTs
P. P. EWING, LOTS 2, 30 4, BLOCK 1, SAXET NEIGNTS
F. N. MICGREGoR, LOT 1, BLOCK 1, SAXET HEIGHTS
LILLIAN P. MOFFETT, LOT 1, BLocK 6, SAXET HEIGHTS;
AND
MiEREAS, SAID IMPROVEMENTS WERE DULY MADE, AND THE CITY RECEIVED AND
ACCEPTED THE WORK OF MAKING SUCH IMPROVEMENTS, AND MADE FINAL PAYMENT THERMOS!
UNDER AUTHORITY of OROIMANct ND. 2931 Ave OnDINANCE ND. 3007 Or THE CITY or
CORPUS CHRIST!, TEXAS;
NQII, T1, THE SAID CITY, IN CONSIDERATION OF THE PREMISES AND
THE FACT THAT THE ImPsovenN1s MADE UNDER AND $Y VIRTUE OF THE ABOVE DESCRIBED
PROCEEDINGS AND TRANSACTIONS 04 THAT PORTION Or OLD RossYSWN LOAD BETWEEN THE
NORTH BOUNDARY LINE or AGNEs STREET AND THE sDUTN BOUNDARY LINE Or IIP RIMER
ROAD WERE TO NO E %TENT ASSCSSED AGAINST THE TWELVE PARCELS OF LAND HEREIN OES-
CRISCO AND THAT SAID IMPROVEMENTS WERE RECEIVED AND ACCEPTED BY THE CITY OF
CORPUS CHRISTI AND THE COST THEREOF PAID BY THE CITY Of CORPUS CHRISTI' TEXAS,
WITHOUT ASSESSMENT AGAINST SAID PROPERTY, AS AFORESAID, DOES HERESY RELEASE THE
FOLLOWING DESCRIBED PROPERTY ABUTTING 01.0 ROSSTOWN ROAD SETWEEH THE LIMITS
HEREIN DESCRISEO, AND THE REAL AND TRUE OWN£SS THEREOF$
A. Q. MYERs, LOT 1 „BI:9CK 8, SAXET HEIGMTS
1. S. BARTON, Lots 15 16, BLOCK 1, SAXET HEIGHTS
D. C. SAGAS /ND, LOT 1 , BLOCK 1, SAW HEIGHTS
J. A. 12ARCIA, Lot 13, BLOCK 1, SAXET HEIGHT$
MARtE usR, LOTS 11, 1E0 BL "x 1, SAxET HEIoHTs
R. R. BROOKS A NEW* LOT 10, BLOCX 1, SAXET HEIGHT!
1. W. NETS, LOTS 8, 9, BLOCK 1, SAXET HEtoNTS
N. SANGSTER$ LOT 7, BLOCK 1, $AXETf HttGRTS
MARIE ZERR, LOT$ 5s 6, BLOCK 1, Saw HEtGHTs
P. P. EWINO, LOTS ^2, 3, b, BLOCK 1, SAKET HEIGHTS
F. M. NCGRtooR, LOT 1, BLOCK It SAXST HEIGHTS
LILLIAN P. MOFFETT, LOT 1, BLOCK 6, SAXET HEIGHTS
FROM ANY RURPORTED LIEHN ANO FROM ANY AND ALL PERSONAL LIABILITY CS"Tt!) BY THE
ISSUANCE OF THE ABOVE MENTIONED NOTICE 90f LIEN AND THE OTHER PROCEEDINGS OF SAID
CITY OF CORPUS CHRISTI, ABOVE RCFCRRED, AND DECLARES SAID SPECIAL ASSESSMENTS OF
NO FORCE AND EFFECT AS TO EACH DF SAID PERSONS AND PROPERTIES.
EXECUTED, THIS THE DAY Or , 1956.
THE CITY OF GOSPELS CHRIST#, TEXAS
ATTEST $ BY
CITY WHASItit
ITV NECRITARY
APPROVED AS TO LEGAL fiRN
APRIL ,19561
CITY ATTORNEY
THE .STATE OF TEXAS
COUNTY OF N4JECES
BEFORE NE, THE UNDEIt$IGMED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
RUSSELL E. MCCLIIRE, CITY MANAGER OF THE CITY Of CORPUS CHRISTI, TEXAS, KNOWN TO HE
TO BE THE PERSON *NO OFFICER WHOSE NAME 10 SUBSCRIBED TO THE FOREGOING INSTRUMENT,
AND ACKNOWLEDGED TO ME THAT SUCH IB THE ACT AND DEED Of SAID CITY AND THAT at E,xE-
CUTED THE SAME AS THE ACT AND DEED OF SAID CITY FOP THE PURPOSES AND CONSIDERATION
THEREIN EXPRESSEO.
GIVEN UNDER MY NAND AND SEAL OF OFFICE, THIS THE � DAY Of APRIL, 1956.
NOTARY PUOLIC IN AND FOR VUECFS COUNTYA [xA5
CORPUS CH�I STI , TEXAS
1956
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHR15T1, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH iN THE EMERGENCY CLAUSE OF THE FOREGOING
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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MA l
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
G
MINOR CULLI
CZ 3'
W. Ji ROBERTS
L
B. E. BIGLER
1
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
G
W. Jl ROBERTS
( C f
B. E. BIGLER_
MANUEL P. MALDONADOC./
1
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