HomeMy WebLinkAbout06310 ORD - 10/25/1961AN ORDINANCE :A� " � �)
DBTEBMINING THE NECESSITY FOR ARID ORDERING
THAT THE PORTION OF GREENWOOD DRIVE FROM
THE WESTERLY BOUNDARY LINE OF PORT AVENUE
To THE NORTHEASTERLY BOUNDARY LINE OF HORNE
ROAD BB IAB?ROVEDf AMID REQUIRING THE DIRECTOR
OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND
SPECIFICATIONS FOR THE PROPOSED UUMMEIIOM;
REQUIRING THE CITY SECRETARY TO FILE A NOTICE
IN THE OFFICE OF IM COUNTY CLERK OF NUECES
COUNTY OF THE ACTION HEREIN; PROVIDING HOW
SUCH LHPRUVEIMM SHALL BE PAID AND DECIARING
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 Greenwood Drive from
the Westerly boundary line of Port Avenue to the Northeasterly boundary line of Horne
Road, in the manner herein providedt
NOS, THEREFORE Rb IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEKASs
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 -writs
Greenwood Drive from the Westerly boundary line of Port Avenue to
the Northeasterly boundary line of Horne 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, repavingf
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 severs 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 of a seven (7") inch lime stabilized clay base course,
a four (4 ") inch compacted caliche base course and the construction thereon of a
substantial base and wearing surface of four (4 ") inches of hot mix asphaltic concrete.
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
8°3; a -
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
1105 -b, Revised Civil Statutes of Texas, 19280 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 here -
inabove 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 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 40tb Legislature of the State of Texas (1927) above identified.
B. The City of Corpus Christi shall pay the whole costs 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 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,
zonO9 for one - and two - family dwelling units, and the real and true owners
thereof, shall be assessed and pay for eighty Per cent (80%) 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
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property, and shall be assessed and pay eighty (80%) per cent of the cost
of at equitalent thirteen and one -half (13ja) 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 Sub-
section B above, and exclusive of the costs of any storm sewers, but in-
clusive 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 (90%) per cent 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 ownere
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, 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 -wits
The amount of said assessments shall be payable in sixty (50)
equal 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 fifty -nine (59) installments to be due and payable
on or before the first (let) day of each of the next succeeding months
•
thereafter, together with interest thereon from said date of acceptance
at the rate of five (S %) per cent per annuls, payable monthly as it accrues;
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 pay-
ment 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
imeediately 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 8. It is further provided as is stipulated by the provisions of said
Charter and laws above identified, that said improvements may be omitted abutting
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 Greenwood Drive, 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 exist, and having requested that such
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Charter rule he suspended, and that this ordinance be passed finally on the date
of its introduction and take effect and be in fall force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAIIED.
PASSED AND APPROVED this 26th day of October, A. D., 1961.
Mayor
The City of Corpus Christi, Texas
ATPESTt
City 8 rata*
Cr
APPROUD AS TO LEGAL FORM
City Atto y
CORPUS CHRIST( /11 /L�J,TEX S
DAY OF �!/ Cli 19 Y ,
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
RESOLUTION 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; Is THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED,
OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRIS I, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE=
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD /-
JOSE R. DELEON
M. P. MALDONADO `f cum
W. J. ROBERTS
JAMES H. YOUNG i
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE=
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD .
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS 1
JAMES H. YOUNG
VOL ® PAGE442
®� THE STATE OF TEXAS i
E.2 T 1 C E
COUNTY OF NUECES g
w
c�
tit .
KNOW ALL MEN BY THESE PRESENTS]
M That the City of Corpus Christi, Texas, acting by and through its
J
duly elected and constituted City Council on the 28th day of October, 1981,
by Ordinance No. ✓ ,determined the necessity for and ordered the
improvement of a portion of Greenwood Drive within the City of Corpus Christi
herein described as follows
Greenwood Drive from the Westerly boundary line of Port Avenue
to the Northeasterly boundary line of Horne 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
i
provided for in the plane and specifications for such improvements thereof as
prepared by said Director of Public Works,
That said Ordinance No. 6 3 �-0
passed by the City Council on October
i
289 1981, provided that the cost of said improvements shall be payable, upon
completion and acceptance of said P improvements by the City Council, in sixty (80)
equal installments, the first installment being due twenty (20) days after the
I
completion and acceptance of such improvements by the said City Council and the
remaining fifty —nine (89) installments to be due and payable on or before the
first (1st) day of each of the neat Succeeding months thereafter, together with
4
interest thereon from said date of acceptance at the rate of five (S%) percent
per annum, payable monthly as it accrues. And said Ordinance further provided that
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00 oL 810 PAGE44:3
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.
TBESEFD$8, the City of Corpus Christi, Texas, has caused this Notice
to be filed by T. Bay $ring, City Secretary, and the official seal of said
City to be hereto affixed this the 28th day of October, A. D„ 1981,
CITY CP' CORPUS CBaIBTI, TZXM — -
Byt ----�— Ct.v.
City bez ' ltary
THE STATb UF TMAS II
COUNTY UHF NDEC68 II
Before M. the undersigned auth'grity, on this day personally appeared T.
Ray Bring, City Secretary -of tbe.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 28th day of October,
A. D„ 1981.
04 a
Notary public, Nueces County, Texas
Notary Public, in and for Nue— County, Texas
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