HomeMy WebLinkAbout05821 ORD - 07/27/1960--- A%
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING
THAT THE PORTION OF BOOTY STREET FPUA THE e
WESTERLY BOUNDARY LINE OF OCEAN DRIVE TO
THE EASTERLY BOUNDARY LINE OF SANTA FE STREET
BE IMPROVED; AND RECMIRING THE DIRECTOR OF
PUBLIC WORKS TO PREPARE AND FILE PLANS AND
SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS;
REQUIRING THE CITY SECRETARY TO FILE A NOTICE
IN THE OFFICE OF THE COUNTY CLERK OF NUECES
COUNTY OF THE ACTION HEREIN; PROVIDING HO%V SUCH
IMPROVEMPNTS SHALL BE PAID, AND DECLARING AN
ENMRGENCY.
WHEREAS, The City Council of the City of Corpus Christi, Texas, has determined
the necessity for, and has decided to improve the portion of Booty Street from the
Westerly boundary line of Ocean Drive to the Easterly boundary line of,Santa Fe
Street, in the manner herein provided:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That there exists a public necessity for' and the City Council
of the City of Corpus Christi, Texas, does hereby determine that it is necessary to
improve the following street within the said City in the manner herein provided,
to -wit:
Booty Street from the Westerly boundary line of Ocean Drive to the
Easterly boundary line of Santa Fe Street.
SECTION 2. That it is hereby ordered that said street, within the limits
above described, -shall be improved by raising, grading, filling, - widening, paving,
repaving, or repairing same, by the construction, reconstruction, repairing or
realigning concrete sidewalks, curbs, gutters and driveways where the Director of
Public Works determines adequate sidewalks, curbs, gutters and driveways are not
now installed on proper grade and line, and by constructing such storm sewers and
drains, together with all other necessary incidentals and appurtenances; all as
deemed adequate by the Director of Public Works and as provided for in the plans
and specifications for such improvements to be prepared by said Director of
Public Works; said paving to consist of the construction, reconstruction or repair
of a four and one -half (412") inch hot -mix asphaltic concrete base course, apd the
construction thereon of a substantial wearing surface of one and one -half (li'.)
inch hot -mix asphaltic surface course.
5821
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SECTION 3, In providing for and making such improvements, the City
Council hereby determined to proceed under* and in the exercise of, the powers,
terms, and provisions of Section 6 of .Article 2 of the Charter of the City of
Corpus Christi, Texas, and as set out in the Acts of,the First - Called Session
of the 40th Legislature of the State of Texas (1927), Chapter 106, said Act
being commonly known as Article 1105 -b, Revised Civil Statutes of Texas, 1925,
as amended.
SECTION 4. The Director of Public Works for the City of Corpus
Christi, Texas, is hereby directed to prepare forthwith and file with the City
Council complete plans and specifications for such,proposed improvements covering
the type of pavement, sidewalks, curbs, gutters and driveways, and other incidentals
and appurtenances hereinabove set forth.
SECTION 5. The cost of said improvements shall be paid as follows:
A. The cost of constructing, reconstructing or repairing said
improvements within the area between and under rails, tracks,
double tracks, turn -outs and switches, and two (2) feet on each
side thereof, of any railway, street railway, or interurban,
using, occupying, or crossing such streets or portion thereof hereby
ordered improved, shall be paid the respective owners thereof and
assessed against such railway, street railway, or interurban,
and its roadbed, ties, rails, fixtures, rights and franchises,
and the real and true owners thereof, in the manner provided by
the terms of the City Charter of the City of Corpus Christi,
Texas, and by said Acts of the 40th Legislature of the State of
Texas (1927) above identified.
B. The City of Corpus Christi shall pay the whole cost of
construction, reconstruction, 'or repair of the curbs, gutters,
sidewalks and driveways within the intersection of said street
with other streets and alleys, the whole cost of construction of
storm sewers and appurtenances thereof, if any, and shall pay not
less than one -tenth (1 /10th) of the total remaining cost of said
-2-
improvements exclusive of the cost of the sidewalks, curbs, gutters
and driveways in front of the respective properties abutting said
street.
C. The property abutting upon said street, within the limits above
defined, zoned for one— and two — family dwelling units, and the real
and true owners thereof, shall be assessed and pay for "eighty (807.)
percent of the total cost of construction, reconstruction or repair-
ing, as the case may be, of sidewalks, curbs, gutters and driveways in
front of their respective property, and shall be assessed and pay eighty
(8076) percent of the cost of an equivalent thirteen and one —half (1312!)
feet of pavement width abutting their respective property, exclusive
of the amount therein specified to be paid by any railway, street
railway, or interurban, as set out in Subsection A above, and by the
City of Corpus Christi as set out in Subsection B above, and exclusive
of the costs of any storm sewers, but inclusive of the costs of all
incidentals and appurtenances. The property abutting upon said street,
within the limits above defined, zoned or used for other than one— or
two — family dwelling units, and the real and true owners thereof, shall
be assessed and pay eighty (80%.) percent of the entire costs of the
sidewalks, curbs, gutters, and driveways abutting their respective
property, and shall be assessed and pay forty (407.) percent of the entire cost
of the pavement abutting their respective property, and exclusive of the
amount therein specified to be paid by any railway, street railway, or
r
Interurban, as set out in Subsection A above, and by the City of Corpus
Christi as set out in Subsection B above, but inclusive of the costs of
all incidentals and appurtenances. However, the total costs to be
assessed against and paid by abutting property, and the real and true
owners thereof, shall,not in any case'exceed nine — tenths (9/10) of the
total cost of said improvements, exclusive of the cost of curbs,gutters,
sidewalks, and driveways. However, no assessment will be. made for
—3—
4 r
sidewalks, curbs, gutters and driveways on the said street
which are now deemed adequate by the Director of Public Works.
The amount payable by the abutting property, and the
real and true owners thereof, shall be assessed against such
property, and the real and true owners thereof, and shall
constitute a first and prior lien upon such abutting property
and a personal liability of the real and.true owners thereof,
and shall be payable as follows, to —wit:
`The amount of said assessments shall be payable in five
(5) installments, the first of which shall be due and payable twenty
(20) days after the date said improvements are completed and
accepted by the City Council, and the remaining four (4) install-
ments to be due and payable respectively, one (1), two (2), three
(3) and four (4) years from and after the date of such acceptance,
together with interest thereon from said date of acceptance at the,
rate of five (57o) percent per annum, payable annually; provided,
however, that the owners of said property shall have the privilege
of paying one, or all, of such installments at any time before
maturity thereof by paying the total amount of principal due,
together with interest accrued, to the date of payment; further,
that if default be made in payment of any of said installments of
principal or interest, promptly, as same matures, then at the option
of the Contractor, or assigns, the entire amount of the assessment
upon which such default is made shall be and become - immediately due
and payable, together with reasonable attorneyts fees and
collection costs, if incurred; however, it is specifically stipulated
and provided that no assessment shall in any case be made against
any property, or the real and true owners thereof, in excess of
the special benefits to accrue to such property in the enhanced value
thereof resulting from said improvements.
—4—
SECTION 6. It is further provided as is stipulated by the provisions
of said Charter and laws above identified, that said improvements may be omitted
in front of any property exempt from the lien of special assessment for street
improvements without invalidating or affecting the assessments against the other
property abutting upon said street. Further, the City Secretary of the City of
Corpus Christi, Texas, is hereby authorized and directed to prepare a notice in
the name of said City of the action taken herein and to have same filed by the
County Clerk of Nueces County, Texas, among the Mortgage Records of said County,
SECTION 7. The fact that there is badly needed at this time
permanent street improvements on Booty Street, within the limits hereinabove defined,'
and the further fact that the present condition of said portion of said street is
dangerous to the health and public welfare of the inhabitants of the City of
Corpus Christi, due to the conditions and increase of traffic along said portion
of said street 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 necessity exists, 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 I5 ACCORDINGLY SO ORDAINED. ,�' g•
PASSED AND APPROVED this 27th da of July, A. D., 1960.
YOR�ATTEST: The City of opus Chris , Texas
ity 11cret#y
APPROVED AS O LEGAL, FORM:
ty Attornp
—5—
CORPUS CHRISTI /,, TEXAS
0- 1 DAY
V
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST F-OR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION 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 REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFU LY,
MAYOR
THE CITY C RPUS CIJSTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLROY KING
.LAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN _ - - -�
PATRICK J. DUNNE
R. A. HUMBLE CC
GABE LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING OTE:
ELLROY KING
JAMES L. BARNARD-
MRS. RAY AIRHEART
JOSEPH B. DUNN ffee
PATRICK J. DUNNE HA
R. A. HUMBLE
GABE LOZANO, SR.
N
VOL 769 PAGE 99
`VOL 897 PAGE 62
THE'STATE OF TEXAS X
N_ O T_ I C_ E
COUNTY OF NUECES fl
KNOW ALL MEN BY THESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council on the 27th day of July, 1960;
by Ordinance No. J of Z / ,determined the necessity for and ordered the
improvement of a portion of a certain street within the City of Corpus Christi
" herein described as follows:
Booty Street from the Westerly boundary line of Ocean Drive
to the Easterly boundary line of Santa Fe Street,
within the city limits of the City of Corpus Christi, Texas, said street, within
the limits above described, to be improved by raising, grading, filling, widening,
paving, repaving or repairing same and by the construction, reconstruction,
repairing or realigning concrete sidewalks, curbs, gutters and driveways where
the Director of Public Works determines adequate sidewalks, curbs, gutters and
driveways are not now installed on proper grade and line, and by constructing such
storm sewers and drains, together with all other necessary incidentals and
appurtenances, all as deemed adequate by the Director of Public Works and as
provided for in the plans and specifications for such improvements thereof as
prepared by said Director of Publics Works.
That said Ordinance No. J 9 A % Uassed by the City Council on July 27,
1960, provided that the cost of said improvements shall be payable, upon
completion and acceptance of said improvements by the City Council, in five (5)
equal installments, the first installment being due twenty (20) days after the
completion and acceptance of*such improvements by the said City Council and the
remaining four (4) installments to be due and payable, respectively, one (1), two
(2),.three (3) and four (4) years from and after the date of such acceptance and
that said deferred payments shall bear interest at the rate of five (5 %n) percent
per annum, payable annually. And said Ordinance further provided that the amounts
payable by the abutting property, and the real and true owners thereof, to be
assessed against said property and said true owners thereof shall constitute a.
first and prior lien on such abutting property and a personal'liability of the
real and true owners thereof.
VOL 769 PACE100
VOL 897 PACE 63
THEREFORE, the City of Corpus Christi, Texas, has caused this notice
to be filed by T. Ray Kring, City Secretary, and the official seal of said City
to be hereto affixed this the 27th day of July, A. D., 1960.
CITY OF U C ISTI,TEX
l
By.
Cit ecreta•y
THE 'STATE OF TEXAS I `
COUNTY OF NUECES -
Before me, the undersigned authority, on this day personally appeared
T. Ray Kring, City Secretary of the City of Corpus Christi, Texas, ]mown to me '
to be the person whose name is subscribed to the foregoing instrument as City
Secretary of the City of Corpus Christi, Texas, and acknowledged to me that he
signed the same in his capacity as such City Secretary for the purposes and
consideration therein expressed, and as the act and deed of said City of Corpus
Christi.
Given under my hand and seal of office, this the 27th day of July,
A. D., 1960.
� _C : I h
c� - ,�.•,�•; *` Notary Public, Nueces County, Texas
EDNA"hAcADQR
FNotary Public, in and for Nucces County, Texas t
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