HomeMy WebLinkAbout05998 ORD - 12/14/1960AN ORDINANCE
DETERMINING THE NECESSITY FOR AND _ORDERING
THAT THE PORTION OF AGNESmSTREET FROM SOUTH
STAPLES STREET TO CARANCAHUA STREET AND OF
L_AREDO STREET FROM SOUTH STAPLES STREET TO
TANCAHUA STREET BE IMPROVED, AND REQUIRING
A DIRECTRR OF PUBLIC WORD. TO PREPARE AND
FILE PLANS AND SPECIFICATIONS FOR THE PRO-
POSED IMPROVEMENTS; REQUIRING THE CITY SEC-
RETARY TO FILE A NOTICE IN THE OFFICE OF THE
COUNTY CLERK OF NUECES COUNTY OF THE ACTION
HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SMALL
BE PAID, AND DECLARING AN :EMERGENCY
WHEREAS, the City Council of the City of Corpus Christi
has determined the necessity for, and has decided to improve the
portions of Agnes Street from South Staples Street to Carancahua
Street and Laredo Street from South Staples Street to Tancahua
Street, both in Corpus Christi, Texas, in the manner herein pro-
vided,
NOW, THEREFORE, BE IT ORDERED 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
streets within the said city in the manner herein provided, to wit:
Agnes Street from South Staples Street to Carancahua, and Laredo
Street from South Staples Street to Tancahua Street.
SECTION 2. That it is hereby ordered that the said
streets, within the limits above described, shall be improved
by the construction, reconstruction, repairing, strengthening,
aligning or realigning of concrete curb and gutter, sidewalks,
storm sewers, inlets, manholes and appurtenant structures and
facilities where the Director of Public Works determines that
adequate curb and gutters, sidewalks, storm sewers, inlets, man-
holes and appurtenant structures and facilities are not now
installed or are not now installed on proper grade and Line,
together with all other incidentals and appurtenances thereto,
all as deemed adequate by the Director of Public Works of the
City of Corpus Christi and as provided for in the Plans and
Specifications for such improvements to be prepared by said
Director of Public Works.
SECTION 3. In providing for and making such improve-
merits 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,act 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, 1927, as amended.
SECTION 4. The Director of Public Works for the City
of Corpus Christi, Texas, is hereby directed to prepare forth-
with, and to file with the City Council, complete plans and spe-
cifications for such proposed improvements covering the type of
curbs and gutters, sidewalks, storm sewers, inlets, manholes and
appurtenant structures and facilities hereinabove set forth.
SECTION 5. The cost of said improvements shall be
paid as follows:
(a) The cost of constructing, reconstructing or repair-
ing said curbs and gutters and sidewalks within the area between
and under rails, tracks, double tracks, turnouts and switches
and two feet on each side thereof, of any railway, street rail-
way or inter- urban, using, occupying or crossing such streets
or portions thereof hereby ordered improved, shall be paid by
the respective owners thereof and assessed against such railway,
6.Z
state railway or inter - urban, 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 Char-
ter of the _City of Corpus Christi, Texas, and by said act of
the 40th Legislature of the State of Texas (1927), above iden-
tified.
(b) The City of.Corpus Christi shall pay all the
cost of construction, reconstruction, or repair of the storm
sewers, inlets, manholes and appurtenant structures and facili-
ties; and all of the cost of the construction., reconstruction, or
repair of the curbs, gutters and sidewalks within the intersec-
tions of the said streets with other streets and alleys; and all
of the cost of construction, reconstruction, repairing, realign-
ing or improving of sidewalks, curbs, gutters and driveways not
assessed against the abutting property and the real and true own-
ers thereof.
(c) The property abutting upon said streets, within
the limits above defined, and.the real and true owners thereof,
shall be assessed and shall pay for the whole of the total cost
of construction, reconstruction, repair, or realignment, as the
case may be, or improvement of the sidewalks, curbs, gutters
and driveways ABUMTJNG their respective property, all exclu-
sive of the costs of any storm sewers, inlets, manholes and ap-
purtenant structures and facilities, but inclusive of all the
costs of all incidentals and appurtenances. In no.event shall
the total costs to be assessed against and paid by abutting pro-
perty, and the real and true owners thereof, exceed, in any case,
100% of the total cost of the - concrete curb and gutters, side-
walks and all appurtenances and incidentals thereto.
IsE
The amount payable by the abutting property, and the
real and true owners thereof, shall be assessed against such
property, 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 afterthe date said improve-
ments are completed and accepted by the City Council,
and the remaining four.(4) installments to be due and
payable respectively, one, two, three and four years
FROM AND AFTER THE DATE OF SUCH ACCEPTANCE 70GETHgR WITH 1NTEAL ST tHtA EON
from said date of acceptance at the rate of five per
cent (5 %) 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 accrued interest, further,
that if default be made in the payment of any of said
installments of principal or interest, promptly, as the
same matures, then at the option of the contractor, the
owners of said assessment, or assigns, the entire amount
of the assessment upon which such default is made shall
be and become immediately due and payable, together with
a reasonable attorneys fee and collection costs, if incur-
red; however, it is specifically stipulated and provided
that no assessments shall be in any case made against any
property or the real and true owner thereof, in excess of
the special benefits to accrue to such property and the
enhancement value thereof resulting from said improvements.
-4-
SECTION 6. It is further provided, as stipulated .
by the provisions of said Charter and laws above identified,
that said improvements may be omitted in front of any proper-
ty exempt from the lien of special assessment for street im-
provements without invalidating or affecting the assessments
against the other property abutting upon said streets. Fur-
ther, 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 Agnest Street from
South Maples to Caraocalma, and on Laredo Street from South Sta-
ples to Tancahua, within the limits hereinabove defined, and the
further fact that the present condition of said portion of said
streets and sidewalks and storm sewers, inlets, manholes and
appurtenant structures and facilities is dangerous to the health
and public welfare of the inhabitants of the City of Corpus
Christi due to the conditions of traffic along said portions
of said.streets, creates a public emergency and public impera-
tive-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 ordinances or resolutions shall
be read at three (3) several meetings of the City Council,
-5-
and the Mayor having declared that such public emergency exists
and having requested that such Charter rule be suspended and
that this ordinance be finally passed on the ,date of its intro-
duction and take effect and be in full force, form and effect
from and after its passage, IT IS ACCORDINGLY.SO ORDAINED.
,t d
PASSED AND APPROVED this day of ,
19 60
APPROVED AS TO LEGAL FORM
City AUD.�n.ey e
CORPUS CHRISTI, TEXAS
7
DAY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE -
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR 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 COUNCILS
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.
RESPrCTFULLY,
MAYOR
THE CITY 0 C RPUS CH STI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLROY ICING
JAMES L. BARNARD CC
MRS. RAY AIRHEART
JOSEPH B. DUN
PATRICK J. DUNNE
R.. A. HUMBLE
GABE LOZANO,.SR. -
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE:
ELLROY ICING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOEzANO, SR.
JKH:12 -14 -60
THE STATE OF TEXAS
COUNTY OF NUECES
NOTICE
VOL 910 PAGE ,�T i
VOL 782 PAGE605"
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 14TH DAY OF DECEMBER, 1960,
BY ORDINANCE N0. 5998, DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVE-
MENT OF A PORTION OF A CERTAIN STREET WITHIN THE CITY OF CORPUS CHRISTI
HEREIN DESCRIBED AS FOLLOWS:
AGNES STREET FROM SOUTH STAPLES STREET TO CARANCAHUA
STREET, AND LAREDO STREET FROM SOUTH STAPLES STREET TO
TANCAHUA STREET,
WITHIN THE 'CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SAID STREETS,
WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING,
WIDENING, PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTION, RE-
CONSTRUCTION, REPAIRING OR REALIGNING CONCRETE SIDEWALKS, CURBS, GUTTERS
AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDE-
WALKS, 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 SPECIFICA-
TIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC
WORKS.
THAT SAID ORDINANCE NO. 5998 PASSED BY THE CITY COUNCIL ON DECEMBER
14, 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 PROVIDED
THAT THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE
00 z1 OWNERS THEREOF, TO BE ASSESSED AGAINST SAID PROPERTY AND SAID TRUE OWNERS
Ci2
(:0 THEREOF SHALL CONSTITUTE A FIRST AND PRIOR LIEN ON SUCH ABUTTING PROPERTY AND
w uu
r-u C-15
a- A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. -
Q
t-A QD THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THI'S
a o NOTICE TO BE FILED BY T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL
OF SAID CITY TO BE HERETO AFFIXED THIS THE 14TH DAY OF DECEMBER, A. D.,
1960.
CITY OF CORPUS CHRISTI, TEXAS
BY L�L,
,CITY SECRET, Y
J ✓
THE STATE OF TEXAS
COUNTY OF NUECES
- BEFORE NEE, 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 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 14TH DAY OF
DECEMBER, A. D., 1960.
` 1 ........... `
-
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
Nolury public, in and for ivUeces Coun;;, I �,, s
,THE STATE OF TEXAn ) ,�.*�
L.OUNTY OF NUECES ) � "tom? � P_ couo -ER
�EA!`R.Y°
tmd for said Cou do hereby Clerk Of the county Coeut fai
slated the _ - nit}'`' y � certify that t e €�.�o Un i e�
With the certificate
day
the . of authentica #.ifl�r was filed for -r , f 3
card irE rtay alffca
19 and recorded the 19
duly - °• ¢F -�Z'
at _•_ Lo _o'clock
1` of _.,K
C)unty,
Witness my hand and seal of -ge R ®cord s
caunf goo CO ' Christi, Texas, the day and ye ut of cold oun
r 1uli2S. HENP -Ir C E E;0 LCRK VL=Ceg C94 w LLINTC IC3E'
fluty
THE STATE OF TEXAS) I, : i .rr.• "? i' a mu? ER
COUNTY OF NUECES ) Clerk n" {L Coun ua
and for said County do herciDy certify lhctf a le - t
dated the ......._J. _ . day of ......... ,_. ..l t- �.. JJ o
-- r ................. 15 4..,.,
with the cerh{icate of authenii alion was filed for rca;x irl azy offi,.r,.
the ... _ �- day of ............. - _�......_.._....... i 9 S?., at . a .'„
o clock ._. ivI. and duly recoryad the _„ U&. day of ..___,. Z_, "K,� -
19 at . /G'_ _Jj�o'ciock ..,[1 t: Nf. in......... C Q.. y: ..Racnrd o ,yai i
County, in Va1..._7.- _ L5,
Witness my hand and s�� f the County Court o said oin ¢6
ofiige is Corpus Chrasti Texas, the day and year last above wriVexb,
MRS. HEN PY.E. 0.OUGER
COUNTY 3 L.ERK. NujzQES UZ3UNTy