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HomeMy WebLinkAbout06030 ORD - 01/11/1961AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER- ING THAT A PORTION OF WEBER ROAD FROM THE_ SOUTHWESTERLY BOUNDARY LINE OF SOUTH STAPLES STREET TO THE NORTBEASTERLY BOUNDARY LINE OF LEXINGTON BOULEVARD AND GOLLIHAR ROAD FROM 120 FEET SOUTHEAST TO 120 FEET NORTHWEST OF WEBER ROAD BE IMPROVED; AND FEQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED NTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERSI OF NUECES COUNTY OF THE ACTION HEREIN; PROVID- ING HOW SUCH IMPROVEMENTS SHALL BE PAID,, AND DECLARING AN EMERGENCY, is WHEREAS, The City Council of the City of Corpus Christi, Texas, has determined the necessity for, and has decided to improve the portion of Weber Road from the Southwesterly boundary line of South Staples Street to the North- easterly boundary line of Lexington Boulevard and Gollihar Road from 120 feet Southeast to 120 feet Northwest of Weber Road, in the manner herein provided: TEXAS: NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, 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 —wits Weber Road from the Southwesterly boundary line of South Staples Street to the Northeasterly boundary line of Lexington Boulevard and Gollihar Road from 120 feet South- east to 120 feet Northwest of Weber Road. SECTION 2. That it is hereby ordered that said streets, 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 ,y A � 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 of a six (8 ") inch stabilized clay and three and one -half (3� ") inch caliche base course, a two and one -half (21 ") inch hot asphaltic concrete base course and the construction thereon of a substantial wearing surface of one and one -half (11 ") 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 8 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 108, said Act being commonly known as Article 1108 -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 plane 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 streetsor portion thereof hereby ordered improved, shall be paid by 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. -2- B. THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COSTS OF CON- STRUCTIONp RECONSTRUCTIONS OR REPAIR OF THE CURBS GUTTERS SIDE- WALKS AND DRIVEWAYS WITHIN THE INTERSECTION OF SAID STREETS WITH OTHER STREETS AND ALLEYS, THE WHOLE COST OF CONSTRUCTION OF STORM SEWERS AND APPURTENANCES THEREOF, IF ANYp AND SHALL PAY NOT LESS THAN ONE - TENTH -(1/BOTH) OF THE TOTAL REMAINING COST OF SAID IMPROVE- MENTS EXCLUSIVE OF THE COST OF THE SIDEWALKS CURBSS GUTTERS AND DRIVEWAYS IN FRONT OF THE RESPECTIVE PROPERTIES ABUTTING SAID STREETS. C. THE PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED, ZONED FOR ONE- AND TWO- FAMILY DWELLING UNITS ANDTHE REAL AND TRUE OWNERS THEREOF SHALL BE ASSESSED AND PAY FOR EIGHTY (&)%) PERCENT OF THE TOTAL COST OF CONSTRUCTIONS RECONSTRUCTION OR REPAIRING AS THE CASE MAY BE, OF SIDEWALKS CURBS GUTTERS AND DRIVEWAYS ABUTTING THEIR RESPECTIVE PROPERTYS AND SHALL BE ASSESSED AND PAY EIGHTY (80%) PERCENT OF THE COST OF AN EQUIVALENT THIRTEEN AND ONE -HALF (13 1/21) 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 ABOVES AND EXCLUSIVE OF THE COSTS OF ANY STORM SEWERSp BUT INCLUSIVE OF THE COSTS OF ALL INCIDENTALS AND APPURTENANCES. THE PROPERTY ABUTTING UPON SAID STREETS 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 ($0%) PERCENT OF THE ENTIRE COSTS OF THE SIDEWALKS, CURBS GUTTERS AND DRIVEWAYS ABUTTING THEIR RESPECTIVE PROPERTT� 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 RAILWAYS STREET RAILWAY, OR -3- 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 /lotbe) of the total cost of,said improvements, exclusive of the cost of curbs, gutters, sidewalks, and driveways. However, no assessment will be made for sidewalks, curbs, gutters and driveways on the said streets 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 M 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 (5%) 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 -4- 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 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 streets. 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 Uortgage Records of said County. SECTION 7. The fact that there is badly needed at this time permanent street improvements on Weber Road and Gollihar Road, within the limits hereinabove defined, and the further fact that the present condition of said portion of said streets 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 streets 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 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 11th day of January, A. D., 1961. MA The City of C rpu Christ , exas MTEST: ^ r 1 � 1 CV9 Ee ' etary APPROVED AS TO LEGALLFF//ORU: 2. City Attorney —5— yx ,. CORPUS-CHRISTI, TEXAS I DAY OF To THt MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, .TEXAS FOR THE REASON: SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSIO PENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TN SMALL BE PASSED FINALLY ON -THE DATE IT 43 INTRODUCED, AND THAT SUCH ORDINANCE. OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; f, 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. RE>jPPCTF , k�42_ 1-3r- B O THE CITY OF PUS CHRISTI, 4XAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTEt ELLRGY KING / JAMES L. BARNARD- ✓ Ws. ,RAY AI RNEART / JOSEPH B. DYH.M // PATRICK J. DUNNE R.-A. HUMBLE - . _ (BABE LOZANO, :SR. - THE ASOVP ORDINANCE WAS PASSED 8Y THE FOLLOW 6 YOTEL ELLRoY KING- - JAMES L. BARNARD- MRS. MAY AIRMEART JOSEPH B. DUNK PATRICK J. DDNNE R. A. HUMBLE GABE LoRallo, SR. VOL 912 PAGE524 VOL 784 PAGE601 THE STATE OF TEXAS i N O T I C E COUNTY OF NUECES I KNOW ALL AM BY THESE PRESENTS: That the City of Corpus Christi, Texas, acting by and through its ' duly elected and constituted City Council on the 11th day of January, 1881, by Ordinance No. ` C� 3 ,determined the necessity for and ordered the J improvement of a portion of 'Weber Road and Gollibar Road within the City of Corpus Christi herein described as follows: Weber Road from the Southwesterly boundary line of South Staples Street to the Northeasterly boundary line of Lexington Boulevard and Gollibar Road from 120 feet South- east to 120 feet Northwest of Weber Road, 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, reconstruction, repairing or realigning concrete sidewalks, curbs, gutters and driveways where the Director of Public Works determines adequate sidewalks, curbs, gutters and y1� driveways are not now installed on proper grade and line, and by constructing w L7 such storm sewers and drains, together with all other necessary incidentals and 00 appurtenances, all as deemed adequate by the Director of Public Works and as o provided for in the plans and specifications for such improvements thereof as prepared by said Director of Public Works. That said Ordinance No. —6 —0 —3 G— passed by the City Council on January 119 1981, 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 (57o) percent r THE STATE OF TEXAS t COUNTY OF NUECESS. r 1, Mrs. Henry E. Gouger, Clerk of the County Corot in and for said County; do hereby certify that the foregoing instrument - ----- ------ .---- ------- - ._. ---- - _ --------------- -- --------- __- ---- ----- --- -- ------- --- . Dated this ....... -.. --- day q!i- .._- -- --_ - -- • 19- .G.1_, with its certificate of authentication, was -filed for record in my office the -_.- ... /L_ -- -day of .___ -- -- -_ a-, - . -- _- - -, 19 G --- at- 1 -9-?_- o'clock- .. - -p:. - M., apd duly recorded the -------- -/-X-, _- -day of--_ –._ -- -_r•�a _� —_. 19 (ei_, at,_ ._o a_o' clock-- -A_-._M., in -- ------ --------- 7 ---- ..------------ - - -0 -- liecord of said --- - -- - - - - -- County, in Vol.--.. on ----- - - - -- -- – -- - -- ------ - - - - -• 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. per.aaaum, payable annually. Bud said'Ordinance further provided that thAeE� � 912 amounts payable by the abuttini propp ty, and the real.and true owners thereof, a. to be assessed against "said property And said true owners thereof shall oohstitute a.first and prior lien on such abutting property and a personal liability of the real and true owners thereof. ` TIOBg, the City of Corpus, Christi, Texas, has caused this Notice to be filed by T. Bay Hring, City Secretary, and the official seal of said City to be hereto affixed this the 11th day of January, A. D., 1961. CITY OF COBPUS MIMI I gy= r f Cijyj Heg �etary I // TEE STATE OF TEAS jf COUNTY OF NUSCES 1 t Before me, the undersigned authority, on this day personally appeared ' T. Bay bring, City Secretary of,the'Vity of Corpus, Christi, Texas, known to me C to be the person whose name is subscribed to the foregoing instrument as City Secretary of the City of Corpus "sti, 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 dead of said City of Corpus Christi. (liven under my hand and seal.of office this the 11th day of January, ' D.I, 1961. Not public ,Mces County Texas Notary 'MfiS. ©OBIS FRANCIS Idnafy subft% In Wd for Wines County, Tmm. tJ N i` I f V too� U r' c� W7 _ Zrc Ld 568276 ht ,��t�irECt�uis MAN 11 PM 3 20 Mtt8. R E. GO ER � DO O�i lv