HomeMy WebLinkAbout04910 ORD - 11/20/1957IMS:EB:11/13157
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
RELEASE OF MECHANIC'S LIEN COVERING HYDRAULIC FILL
FOR BAY FRONT LOTS IN CONNECTION WITH THE PROJECT OF
SEAWALL CM157RUC LION BY THE CITY IN 1939, 1940 AND
1941, A COPY OF THE FORM OF RELEASE TOGETHER WITH A
LIST OF PROPERTIES AFFECTED IS HERETO ATTACHED AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, DURING THE YEARS ON OR ABOUT 1939 AND 1940, CERTAIN
MECHANIC'S LIENS WERE EXECUTED BY A FEW OF THE PROPERTY OWNERS OWNING PROP-
ERTY BORDERING ON THE SHORELINE OF CORPUS CHRISTI BAY, AND WHICH LOTS WERE
PLANNED TO BE PARTLY OR ENTIRELY FILLED AND RAISED TO AN ESTABLISHED GRADE
ABOVE SEA LEVEL AS A PART OF THE HYDRAULIC FILL AND SEAWALL PROJECT THEN
BEING CARRIED OUT BY THE CITY OF CORPUS CHRISTI BY THE USE OF BOND FUNDS
DERIVED FROM THE SALE OF BONDS FOR THE DISCHARGE OF WHICH A PORTION OF THE
STATE TAX FROM SEVEN COUNTIES WAS AVAILABLE; AND
WHEREAS, SAID LIENS AND THE PROGRAM OF PAYING FOR SUCH HYDRAULIC
FILL UNDER WHICH SAID LIENS WERE FILED WAS DISCONTINUED BY THE CITY, AND
ALL OF SAID LIENS HAVE FOR MANY YEARS BEEN BARRED BY THE FOUR YEAR STATUTE
OF LIMITATIONS AND ARE NO LONGER LEGALLY COLLECTABLE BY THE CITY; AND
WHEREAS, THE RECORD OF SUCH LIENS UNRELEASED CONSTITUTES A CLOUD
ON THE LANDS OF THE ABUTTING PROPERTY OWNERS WHICH SHOULD BE REMOVED BY THE
EXECUTION OF RELEASES;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
FOR AND ON BEHALF OF SAID CITY, 15 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE
A RELEASE OF MECHANIC'S LIEN COVERING HYDRAULIC FILL FOR BAY FRONT LOTS IN
CONNECTION WITH -,THE PROJECT OF SEAWALL CONSTRUCTION BY THE CITY IN 1939,
1940 AND 1941, A COPY OF THE FORM OF RELEASE TOGETHER WITH A LIST OF PROP-
ERTIES AFFECTED IS HERETO ATTACHED AND MADE A PART HEREOF.
SECTION Z. THE NECESSITY OF IMMEDIATELY RELEASING THE ABOVE
DESCRIBED MECHANIC'S LIENS IN ORDER TO CLEAR THE TITLES TO SAID PROPERTIES
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
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OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR, HAVING 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 BE
IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY 50
ORDAINED.
PASSED AND APPROVED, THIS THE --4 v DAY OF NOVEMBER, 1957.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY $ECRETARX
APPROVED AS TO LEGAL FORM THIS
THE 15 DAY OF NOVEMBER, 1957:
CITY ArTb RNEY
THE STATE OF TEXAS
COUNTY OF NUECES kk
WHEREAS, A MECHANIC'S LIEN IN THE AMOUNT OF W WAS
EXECUTED BY TO THE CITY OF CORPUS
CHRISTI, DATED , COVERING HYDRAULIC FILL FOR
SAID LIEN BEING RECORDED IN VOLUME PAGE , OF THE MECHANIC'S
LIEN RECORDS OF NUECES COUNTY, TEXAS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, DESIRES TO RELEASE
THE SAID MECHANIC'S LIEN:
NOvl, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT THE CITY
OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, FOR CONSIDERATION, DOES
HEREBY RELEASE SAID PROPERTY FROM ALL LIENS SECURING THE PAYMENT OF SAID
MECHANIC'S LIEN AND THE OWNER OF SAID PROPERTY FROM ALL PERSONAL LIABILITY
CREATED BY SAID LIEN, AND DOES HEREBY DECLARE SAID MECHANIC'S LIEN IS
FULLY DISCHARGED BY LAW.
IN WITNESS WHEREOF, THIS INSTRUMENT IS EXECUTED BY THE PROPER
CITY OFFICIALS AND THE CORPORATE SEAL AFFIXED THIS THE DAY OF
, 1557•
.- THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
ATTES:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
THE ` DAY OF NOVEMBER, 19557:
CITY ATTORNEY
THESCATE OF TEXAS j
COUNTY OF NUECES Q
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED RUSSELL E. 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 OEED 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 __, 1957.
NOTARY PUBLIC IN AND FOR NUECES
COUNTY, TEXAS
LOTS IN WATER BLK. 3 $412.17
N12 1/21 LOT 1; S 1/2 LOT 2
W. BLK. 4 & LOT 5 WITH EASTERLY
EXTENSION IN W. BLK. 5, BEACH
PORTION 211.46
LOTS 1, 2, 3. 4, & EASTERLY
EXT,ENSICN W. BLK. -7, -BEACH 1111.29
EAST EXTENSION OF LOT 1
W. BLK. 8, BEACH 155.68
LOTS 5 & 6 & EAST EXTENSION
THEREOF IN W. BLK 8, BEACH PORTION 622.12
LOT 6 & EAST EXTENSION THEREOF
W. BLK. 8, BEACH 311.53
LOTS 4, 5. 6 & EASTERLY EXTENSION
THEREOF W. BLK. 9. BEACH PORTION 1068.03
LOTS 3, 4. 5, & 6 & EASTERLY EX-
TENSION THEREOF, BLK. 54 BEACH 1291.31
LOTS 5, 6 & EASTERLY EXTENSION
THEREOF W. BLK. 6, BEACH PORTION 451.44
EASTERLY EXTENSION OF LOTS 1, 2, 3.
W BLK. 12, BEACH PORTION 578.17
LOTS 5 & 6 & EASTERLY EXTENSION
THEREOF W. BLK. 2 BEACH PORTION 326.57
LOTS 1, 2, 3, W. BLK. 12,
BEACH PORTION OF C. C. 543.69
G US CHRISTI, TEXAS
.1957
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
OR THE REASONS SET fORTN IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REOUIREMERT THAT NO ORDINANCE OR RESOLU-
TION SNALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH
ORDINANCE DR RESOLUTION SNAIL BE READ AT THREE MEETINGS OF THE CITY
COUNCIL] 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR RE4U1REMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL,
RESPECTFULLY,
a t�
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
S. E. BIGLER
MANUEL P. MALDONADO,
CHARLIE J. AILLS
ARTHUR R. JAMES
OOELL INGLE
. -A
VOTE:
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING
FARRELL D. SMITH
W. J. ROBERTS
-)
B. E. BIGL ER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
O DELL INGLE
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