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HomeMy WebLinkAbout05916 ORD - 10/05/1960AN ORDINANCE DsTERMINING THE:`NECESSITY FOR AIM ORDERING THAT THE PORTION OF MORG.AN STREET FROM THE WESTERLY BOUNDARY LINE OF PORT AVENUE TO THE EASTERLY BOUNDARY LINE OF AIRPORT ROAD BE IMPROVED; AND REQUIRING 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 00-LJNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID, AND DECLARING AN EMERGENCY. WHEREAS, The City Council of the City of Corpus Christi, Texas, has determined the necessity for, and has decided to improve the portion of Morgan Street from the Westerly boundary line of Port Avenue to the Easterly boundary line of Airport Road, 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: Morgan Street from the Westerly boundary line of Port Avenue to the Easterly boundary line of Airport Road, 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 Directof of Public Works and as provided for in the plans and specifications for such improvements to be prepared by said Director of Public Storks; said paving to consist of the construction of a nine (9 ") inch stabilized clay base course, a four and one- half (42"") inch hot asphaltic concrete base course and the construction thereon of a substantial wearing surface of one and one- half(112") inch hot mix asphaltic concrete surface course. SECTION 3. In providing for and making such improvements, the City Council hereby determines 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 1106 -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 street or portion thereof hereby by 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 costs of con- struction, reconstruction, or repair of the curbs, gutters, side- walks and driveways within the intersection of said street with other -2- 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 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 (80 %) percent of the total cost of construction, reconstruction or repairing, as the case may be, of sidewalks, curbs, gutters and driveways in front of their respective property, and shall be assessed and pay eighty (80%) percent of the cost of an equivalent thirteen and one -half (13'21) 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 (8016) percent of the entire costs of the sidewalks, curbs, gutters, and driveways abutting their respective property, and shall be assessed and pay forty (40 %) 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 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 /10ths) of the total cost of said improvements, exclusive of the cost of curbs, gutters, -3- sidewalks, and driveways. However, no assessment will be made for 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) install- ments, 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) 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, together with interest thereon from said date of acceptance at the rate of five (57.) 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 assess- ment upon which such default is made shall be and become immediately due and payable, together with reasonable attorney's 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. SECTION 6. It is further provided as is stipulated by the provisions of said Charter and laws above identified, that said improvements may be -4- 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 Morgan 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 requir- ing 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 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 5th day o tober, A. D., 1960. Mayo The City of Corp s hristi, exas ATTEST: City/ Secretary APPROVED A,5 TO LEGAL F0FW: `City °Attor 'y -5- CORPUS CHRISTI, TEXAS rJ DAY OF - , i9_ -� 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. FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- T10N 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; 1, 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. RESPECTFULLY, n MAYOR THE CITY OF COR S CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% EL�ROY (KING JAMES L. BARNARD MRS. RAY AlRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVr ORDINANCE WAS PASSED BY ELLROY ICING JAMES L. BARNARD MRS. RAY ATRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. �vgL 776 PAct425 ,VOL 903 Pac��S� ThE STATE OF TEXAS X N O T I C L COUNTY OF NUECES 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 5th day of October, 1960, by Ordinance No. _J / �/ 4 ,determined the necessity for and ordered the improvement of a portion of Morgan Street within the City of Corpus Christi herein described as follows: Morgan Street from the westerly boundary line of Port Avenue to the easterly boundary line of Airport Road, 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 Public Works, That said Ordinance No. j / passed by the City Council on October 5, 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%) percent per annum, payable annually. And said Ordinance further pr'ovid'ed that-the IVaL 776 ma 426 .waL 903 PAGE559 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. 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 5th day of October, A. Da, 1960. CITY OF CORPUS CHRISTI, TEXAS By;__�,e City So Vary THE .STATE OF TEXAS � 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, known 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 5th flay of October, A. Da, 1960, Notary public, Nueces County,,,Texas IVIrS. u'�RI� F cAiv e:�' Nwc,ry P.;bl!c, i•n and for NUK5- t tea. C11 M qj c„ T�. 'q cn P 9 f lJT #. THE STATE OF TEXAS COUNTY OF NUECES. 1, Mrs. Henry E. Gouger, Clark of the County Court in and for said County, do hereby certify that the foregoing instrument --------------------- - ------- - ------ - - ------------------------ - -------------------- -------------------------------------- - - - - - -- ----------------------------------- Dated this -------------------- 85 - _____- - -_ --.day of-- ----- - - -- -- _ 0- ­$ - .._- -- - - -- ------------ --------------- 196o, with its certificate of authentication, was filed for record in my office the ______._.day of_____- __.______._ 05�� ------ 19i'0-_, at.1;A-L --o'clock .......... Pe - M., and duly recorded the. ---.-..-,-day of-- -_-- -.--- 0 at /o_' 3 0 - o'clock 19--M., in ------ - - - - -- - - - - -- - ----------------------- ------------ - --- - - - - -- Record of said County, in Vol.._.,- - -- 24__..__, on Pages Y --------- -- - - - - - -- -- ---- ------------------- ---------------- -- Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, the day and year last above written., Mrs. Henry E. Gouger, ... ................... Deputy County Clerk, Nueces County. I - THE STATE OF TEXAS COUNTY OF NUECEs. 1, Mrs- Henry E. Gouger, Clark of the county Court in and for said County, do hereby certify that the foregoing instrument ---------- ---------------- ----------- - Dated this ------------------- 5-__ ----------- day of ----------- .............. authentication, was filed for record in my office the..___. -------------------- - - 0 _�, ---------- - -- - ---- ------ - ------------ ------- - 19 4!�, with its certificate of at z3 -- o'clock- .--- - - - /0•_ M., and duly recorded the _______day. of ---------- _ - _69.4 ---- - - - - -d of 0-1-4 at o'clock m- ------------ ---------------------- 19_ ---- ---- -- -- ------------------- County, in Vol - -------- on Pages ----- -S; --------------------------------------------- --------- -- ----- Record of said -- ---- ------ ------ ------ - - - - -- ---- - - -- - -- -- - - Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, the dory and Year last above written. Chr! ti T x V. By- of --, , , /_/ __w - --------- Deputy Mrs. Henry E. Gouger, _----- °_-- - - - - -- - ----- - - ------- J County Clerk, Nueces County,