HomeMy WebLinkAbout06645 ORD - 09/26/1962AN ORDINANCE
DETERiMINING THE NECESSITY FOR AND ORDER-
ING THAT A PORTION OF SANTA FE STREET FROM
THE NORTH BOUNDARY LINE OF ROSSITER STREET "
TO THE NORTH BOUNDARY LINE OF ROBERTS DRIVE
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 a
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
Santa Fe Street from the North boundary line of Rossiter.Street to the North
boundary line of Roberts Drive, 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:
Santa Fe Street from the North boundary line of Rossiter,
Street to the North boundary line of Roberts Drive.
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, repair-
ing 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 to be
prepared by said Director of Public Works; said paving to consist of the con-
struction of a five (59 inch stabalized lime and four (4 ") inch compacted
caliche base course, a two and one —half (2j ") inch hot asphaltic concrete base
course and the construction thereon of a substantial wearing surface §'f one
and one —half (lj ") inch hot asphaltic concrete surface course.
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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 (1927), 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 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, tracts,
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 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
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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, re-
construction 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 (807.) per cent of the cost of an
equivalent thirteen and one -half (13121) 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 therof, 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 (409,) 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 in-
clusive 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, sidewalks, and driveways.
However, no assessment will be made for sidewalks, curbs, gutters
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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:
That said assessment shall be payable by the owners of said
abutting property in one of the following .methods at the option of
the property owner:
1. All in cash within 20 days after the completion or acceptance"
by the City; or,
2. Twenty percent (20 %) cash within twenty days after the completion
of said work and its acceptance by the City, and 20% respectively
and /or before one year, two years, three years and four years
after the completion of said work and its acceptance by the
City, with interest from day of such completion and acceptance
by the City until paid at the rate of 5% per annum; or,
3. Payments to be made in maximum of sixty (60) equal installments,
the first of which shall be paid within twenty (20) days after
the completion of said improvement, and the acceptance thereof
by the,City, and the balance to be paid in fifty -nine (59) or
less equal consecutive monthly installments commencing on the
1st day of the :nextcsudceeding month and continuing thereafter
on the lst day of each succeeding month until the entire sum is
paid in full, together with interest from the date of said
completion and acceptance by the City, until paid, at the rate
of five (5) per cent per annum; provided, however, that the
owners of said property availing themselves of option 112" or "3"
above shall have the privilege of paying one, or all, of such
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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 assess-
ment 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 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 Santa Fe 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 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,
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and the Mayor having declared that such public emergency and imperatives
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,
POSED AND APPROVED this day of A. D,
1962.
T4ayor
The City of Corpus Christi,T
ATTEST;
City Sec tary
APPROVED AS TO LEGAL FORK: //moo '24 l�Gy
Cit}k Atrtornty _
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CORPUS CHRISTI, TEX ���fJJ
DAY OF . ' )� 19 --
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS. CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE, OF THE FORE-
GOING ORDINANG E, A PUBLIC EMERGENCY AND I MPERATIVE 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; 1, 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 CHRISTI S
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 /✓
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 4' �.
JAMES H. YOUNG /