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Home My WebLink About06553 ORD - 06/20/1962VOL 832 PAGE512 VOL 966 PAGE 22 TBE STATE OF TEXAS Ji N0T_IC_E_ COUNTY OF NUECES i SNOW ALL lEN BY TBESE PRESENTS: _ That the City of Corpus Christi, Texas, acting by and through its duly elected and constitutedry City Council on the 20th day of June, 1962, by Ordinance NO. ef d ,determined the necessity for and ordered the improve- ment of a portion of Everhart Road within the City of Corpus Christi herein described as follows; Everhart Road from the West boundary line of Parkdale Drive to the Northeast boundary line of Lexington Boulevard, 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. +� S J passed by the City Council on June 20, 1962, 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 per annum, payable annually. And said Ordinance further provided that the i r C i. VOL 832 FACE513 VOL 966 PACE 2.3 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, WHETHER'NAMED OR CORRECTLY NAMED THEREIN OR NOT. 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 20th day of June, A. D., 1962. r CITY OF CORPUS CHRISTI, TEXAS BY City c ary TBE STATE OF TEXAS II 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 he 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 JI► Christi. Given under my hand and seal of office this the day of June, A—Pm t, 1962. `232 Notary Public, Nueces County, Texas EDNA MEADOR - k Notary Public, In and for Nuecee County, Texcs i �. P - THE STATE OF TEXAS ) 1, MRS, HENRY E. GOUGER Clerk of the County Court in COMITY OF NUECES ) and for said County, do hereby certify t1 t the foregoing instrument 19 f.. dated the _�...p�n..__. day of ..._._— .�.ksac. —a' ._ .. —_, with the certificate of auther-j'ca"hon wEdfaed ter record in my o!flce 1 day of ...._..-- i.�^_-.-- 'tom._._.__ 19 (n .Z.a y ' and duly m rded the .,�. day of -•.> .- -- La o'oelpchf. 19 6.L at! :1�..- o'cl ck _... -M in.-- Rec rd of said p on aea...E- ?.....�..� --- Pa. Coun ty, in ol,__..�..In.S......_.._ -_.. -. . wit e hand otfice in Coipus Cluisti,VTexas, the daYucnd year last said aboveawrittea MRS. HENRY E. GOUGER -p— C13UNTY CLERK. NUECES COUNTY - L C�°^i`" thr Deputy • By 4+"•- 1 1 1 w i �. P a1- - - - - - - - - - - THE STATE Of TEXAS COUNTY OF NUECES. L Mrs. Henry E. Gouger, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument bated this.- .-- ...._.- A' —-- -- -------- day of ---------- 7 0- — - - _- <<_----- - - - - --- with its certificate of authentication, was -filed for record in my office the .!&VP--dcry of 19.6 e, at 0-- -o'clock.- ----- M., acid duly recorded the ;L-.-day of. L/ at /."-o'clock --- ..e.-M., of said County, in Vol..---A-3 - on P.9..- Witness my hand and seal of the County Court of said County at office in Corpus Christi, TO= the day and year last above written. Mrs. Henry E. Gouger, . ........ Deputy County Clerk, Nueces County. • .r AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF EVERHART ROAD FROM THE WEST BOUNDARY LINE,OF PARKDAIS DRIVE TO THE NORTHEAST BOUNDARY LINE OF LEXINGTON BOULEVARD 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 COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEAENTS SHALL BE PAID, AND DECLARING AN EMRGENCY, WHEREAS, The City Council of the City of Corpus Christi, Texas, has determined the necessity for, and has decided to improve the portion of Everhart Road from the West boundary line of Parkdale Drive to the Northeast boundary line of Lexington Boulevard, 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: . Everhart Road from the West boundary line of Parkdale Drive to the Northeast boundary line of Lexington Boulevard, w 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 arenot a now :1-ftstalled 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 of a five (5 ") inch stabalized lime and four (411) inch compacted caliche base course, a two and one —half (21211) inch hot asphaltic concrete basecourse and the construction thereon of a substantial wearing surface of one and one —half (1j ") inch hot asphaltic concrete surface course, 6553 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 (1997b, 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 {Yorks 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 tracts, turn -outs and switches, and two (2) feet on each side thereof, of any railway, street railway, or interurban, using, occupying, or cross- ing such street or portion thereof hereby ordered improved, shall be paid by the respective owners thereof and assessed against such rail- way, 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 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 side- walks, curbs, gutters and driveways in front of the respective properties abutting said street. • -2- 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 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 (80 %) per cent of the cost of an equivalent thirteen and one, half (13jt) 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 limit's 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 (807o) 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 c 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 —3— 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 (576) 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 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 improve- ments. 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 z 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 Everhart Road, within the limits hereinabove defined, —4— W 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 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 RDINGLY SO ORDAINED. PASSED AND APPROVED this�d ay of (7��' ,A. D., 1962. Mayor The City of Corpus Christi, Texas ATTE l City,7,cretaxy APPROVED AS TO LEGAL F /�'W' fUG L City Attorn -5- CORPUS CHRI STI TEXAS �J �J 9P DAY 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; I, THEREFOREy 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, v MAYOR THE CITY OF CORPUS CHRISTI, TE S THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD - -__- TBM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG 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 JAMES H.-YOUNG 0