HomeMy WebLinkAbout06899 ORD - 05/08/1963JST:JKH:4 -24 -63
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AN ORDINANCE
DECLARING THE NECESSITY FOR AND ORDERING THE PAVING
AND IMPROVEMENT OF AN ALLEY BETWEEN SANTA FE AND THIRD
STREETS AND FROM AYERS STREET TO ELIZABETH STREET, SAID
ALLEY BEING IN BLOCK IX, OCEAN VIEW ADDITION TO THE ING
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
PLANS AND SPECIFICATIONS FOR SUCH WORK; DIRECTING THAT
SUCH WORK BE PERFORMED BY THE DIRECTOR OF ADPUBLIC TREKS;
DIRECTING THE PREPARATION OF ESTIMATES;
PROVISIONS OF CHAPTER 106, ACTS OF THE FIRST CALLED
OFSVERNONFST TEXAS TCIVIL ISTATUTES; KPROVIDING I
AMETHOD�B
OF REIMBURSING THE CITY OF CORPUS CHRISTI FOR A PORTION
OF SUCH COSTS BY ASSESSMENT OF A PORTION OF SUCH COSTS
AGAINST THE PROPERTY ABUTTING SUCH ALLEY, AND FOR THE
FIXING OF A LIEN TO SECURE PAYMENT OF SUCH ASSESSMENTS;
STATING THE TIME AND MANNER PROPOSED FOR PAYMENT OF ALL
SUCH COSTS; DIRECTING THE CITY SECRETARY TO CAUSE A
NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE
MORTGAGE OR DEED OF TRUST RECORDS OF NUECES COUNTY, TEXAS;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS
SECTION 1. THAT A NECESSITY EXISTS FOR THE PERMANENT IMPROVEMENT
OF AN ALLEY IN THE CITY OF CORPUS CHRISTI, TEXAS, BETWEEN SANTA FE AND
THIRD STREETS, AND RUNNING FROM AYERS STREET TO ELIZABETH STREET, SAID
ALLEY BEING IN BLOCK IXI OCEAN VIEW ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECE3 COUNTY, TEXAS] BY EXCAVATING AND GRADING TO A WIDTH OF TEN (10) FEET,
AND PAVING TO A WIDTH OF EIGHT (8)FEET ON A COMPACTED SUBGRADE, THE PAVING
TO BE STEEL REINFORCED CONCRETE EIGHT (8)
INCHES THICK AT THE OUTER EDGES,
INCLINED TO FIVE (5) INCHES AT THE CENTERLINE THEREOF.
SECTION 2. THE PLANS AND SPECIFICATIONS FOR ALL SUCH IMPROVEMENTSI
HERETOFORE PREPARED BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS
CHRISTI, TEXASO AND NOW ON FILE IN THE DEPARTMENT OF PUBLIC WORKS, ARE
IS DIRECTED
HEREBY IN ALL THINGS APPROVED. THE DIRECTOR OF PUBLIC WORKS
TO CAUSE SAID IMPROVEMENTS TO BE CONSTRUCTED BY THE DEPARTMENT OF PUBLIC
WORKS
SECTION 3. THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS
CHRISTI IS DIRECTED TO PREPARE AND FILE WITH THE CITY COUNCIL HIS ESTIMATE
OF THE TOTAL COST OF THE IMPROVEMENTS HEREIN ORDERED, AND THE TOTAL AMOUNT
OF THE PART OF SUCH COST TO BE ASSESSED AGAINST THE ABUTTING PROPERTY OWNERS.
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SECTION 4. THE CITY COUNCIL, IN INITIATING THIS PROCEEDINGS IS
ACTING UNDER THE TERMS AND PROVISIONS OF CHAPTER 1062 ACTS OF THE FIRST
CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS, KNOWN AS ARTICLE 11056
OF VERNON'S TEXAS CIVIL STATUTES WHICH 15 HEREBY ADOPTED.
SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL BE PAID AS FOLLOWS,
TO -WIT:
(A) THE CITY SHALL REIMBURSE ITSELF FOR NOT MORE THAN 80% OF
THE COST OF THE IMPROVEMENTS BY ASSESSMENT AGAINST THE RESPECTIVE ABUTTING
PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF IN ACCORDANCE WITH THE
PROVISIONS OF SAID ARTICLE 11058, VERNONts TEXAS CIVIL STATUTES. NO
ASSESSMENTS SHALL BE MADE AGAINST ANY ABUTTING PROPERTY OR THE REAL AND
TRUE OWNERS THEREOF FOR COSTS IN EXCESS OF THE BENEFITS TO SUCH PROPERTY
IN ENHANCED VALUE THEREOF BY MEANS OF SUCH IMPROVEMENTS. THE AMOUNTS OF
SUCH ASSESSMENTS SHALL CONSTITUTE A FIRST AND PRIOR LIEN UPON ALL SUCH
PROPERTIES AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF,
WHETHER CORRECTLY NAMED OR NOT. ASSIGNABLE CERTIFICATES IN EVIDENCE OF
THE ASSESSMENTS SO LEVIED SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS
CHRISTI FOR THE AMOUNT OF THE ASSESSMENT. SAID PAYMENTS SHALL BE PAYABLE
IN MONTHLY INSTALLMENTS OF NOT EXCEEDING SIXTY (60) IN NUMBERS SAID PAYMENTS
TO BE MADE AT THE CITY HALL IN THE CITY OF CORPUS CHRISTI NUECES COUNTY2
TEXAS THE FIRST OF WHICH SHALL BE PAYABLE WITHIN THIRTY (30) DAYS FROM THE
DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY
OF CORPUS CHRISTI, AND ONE INSTALLMENT EACH MONTH THEREAFTER UNTIL PAID WITH
INTEREST THEREON AT THE RATE OF FIVE PERCENT (5%) PER ANNUM, PAST DUE PRIN-
CIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE. PROVIDED, HOWEVER,
THAT THE OWNERS OF ANY OF SAID PROPERTIES SHALL HAVE THE PRIVILEGE OF
PAYING ALL OR ANY OF SAID INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF
BY PAYING THE TOTAL AMOUNT OF PRINCIPAL OF SUCH INSTALLMENT TOGETHER
WITH INTEREST ACCRUED THEREON DOWN TO THE DATE OF PAYMENT. THE OWNERS
OF ANY OF SAID PROPERTY MAY PAY THE TOTAL AMOUNT ASSESSED AGAINST THEM
AND THEIR PROPERTY WITHOUT INTEREST WITHIN THIRTY (30) DAYS AFTER THE
COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS, IF DEFAULT BE MADE IN THE
PAYMENT OF ANY OF SAID INSTALLMENTS OF PRINCIPAL OR INTEREST, PROMPTLY AS
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IT MATURES, THEN AT THE OPTION OF THE CITY OF CORPUS CHRISTI, OR ITS ASSIGNS,
THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH DEFAULT IS MADE, TOGETHER
WITH REASONABLE ATTORNEYS FEES AND ALL COLLECTION COSTS, IF INCURRED, SHALL
BE AND BECOME IMMEDIATELY DUE AND PAYABLE.
SECTION 6. ANY SECURITY, LIEN, OR DOCUMENT WHICH, IN THE OPINION
OF THE CITY ATTORNEY, IS REASONABLY NECESSARY, IN ADDITION TO THE PAVING
ASSESSMENTS AND ASSIGNABLE CERTIFICATES ABOVE MENTIONED, TO SECURE THE
PAYMENT OF THE PART OF THE COSTS OF THE IMPROVEMENTS ASSESSED AGAINST THE
ABUTTING PROPERTY AND THE OWNERS THEREOF, SHALL BE OBTAINED.
SECTION 7. THE CITY SECRETARY IS DIRECTED TO CAUSE TO BE PRE-
PARED A NOTICE OF THE ENACTMENT OF THIS ORDINANCE AND FILE SAID NOTICE
WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE OR DEED
OF TRUST RECORDS OF SAID COUNTY.
SECTION H. THE NEED FOR THE IMPROVEMENT OF SAID ALLEY WITHOUT
DELAY CREATES AN EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND 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 E ECT FROM AND AF{T•Ell ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED THIS THE oar of , 1963•
ATTEST:
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CITY SECRETAXOLEGALIFORM THE CITY OF CORPUS CHRISTI, TEXAS
Al PR
�ED AS HIS
DAY OF 1963:
CITY ATTOR Y
•
CORPUS CHRISTI, TEXAS
ZDAY OF 471 19�11_lf
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
COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
R
THE CITY OF CORPUS CHRISTI, TEXAS.
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.,
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NN VOTE:
JAMES L. BARNARD
JAMES H. YOUNG d
JACK R. BLACKMON
JOSE R. DELEON i
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
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ORDINANCE NO,
DECLARING THE NECESSITY FOR AND
ORDERING THE PAVING AND IMPROVEMENT
OF AN ALLEY BET/EEN SANTA FE AND
THIRD STREETS AND FROM AYERS STREET
TO ELIZABETH STREET, SAID ALLEY
BEING IN BLOCK IX, OCEAN VIEId ADDI-
TION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS; ,APPROVING
PLANS AND SPECIFICATIONS FOR SUCH
WORK; DIRECTING THAT SUCH ':IORK BE
PERFORMED BY THE DIRECTOR OF PUBLIC
IJORKS; DIRECTING THE PREPARATION
OF ESTIMATES; ADOPTING THE PRO-
VISIONS OF CHAPTER 106, ACTS OF
THE FIRST CALLED SESSION OF THE
140TH LEGISLATURE, KNOIdN AS ARTICLE
1105B OF VERNONS TEXAS CIVIL STATUTES;
PROVIDING A METHOD OF REIMBURSING
THE CITY OF CORPUS CHRISTI FOR A
PORTION OF SUCH COSTS BY ASSESSMENT
OF A PORTION OF SUCH COSTS AGAINST
THE PROPERTY ABUTTING SUCH ALLEY,
AND FOR THE FIXING OF A LIEN TO
SECURE PAYMENT OF SUCH ASSESSMENTS;
STATING THE TIME AND MANNER PRO-
POSED FOR PAYMENT OF ALL SUCH COSTS;
DIRECTING THE CITY SECRETARY TO
CAUSE A NOTICE OF THE ENACTMENT OF
THIS ORDINANCE TO BE FILED I N THE
I MORTGAGE OR DEED OF TRUST RECORDS
1! OF NUECES COUNTY, TEXAS; AND
DECLARING AN EMERGENCY.
CITY 0 CORPUS CHRISTI
LEGAL DEPARTMENT
VOL 0864 PAGE -390
NOTICE VOL1000 PAGEN5
NOTICE OF HEARING OF INTENTION TO LEVY ASSESS-
MENTS AGAINST ABUTTING PROPERTY AND ITS OWNERS
FOR IMPROVEMENTS TO BE CONSTRUCTED IN AND ON AN
ALLEY BETWEEN SANTA FE AND THIRD STREETS AND FROM
AYERS STREET TO ELIZABETH STREET, SAID ALLEY BEING
IN BLOCK IX, OCEAN VIEW ADDITION, TO THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS.
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING TO BE GIVEN TO
THE REAL AND TRUE OWNERS AND ALL PERSONS OWNING OR CLAIMING ANY
INTEREST IN ANY PROPERTY ABUTTING UPON AN ALLEY BETWEEN SANTA FE AND
THIRD STREETS AND FROM AYERS STREET TO ELIZABETH STREET, SAID ALLEY
BEING IN BLOCK IX, OCEAN VIEW ADDITION, TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, AND TO ALL OTHERS OWNING, CLAIMING OR INTERESTED
IN SAID PROPERTY ABUTTING ON SAID ALLEY OR ANY OF SAID MATTERS AS TO
THE ASSESSMENT AND TO THE AMOUNT TO BE ASSESSED AGAINST EACH PARCEL
OF PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND AS TO THE SPECIAL
BENEFITS TO SAID PROPERTY TO BE RECEIVED FROM IMPROVING SAID ALLEY BY
PAVING SAME, OR CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR
DEFICIENCY IN ANY PROCEEDINGS WITH REFERENCE THERETO OR CONCERNING ANY
MATTER OR THING CONNECTED THEREWITH; WHICH HEARING SHALL BE HELD BY THE
CITY COUNCIL OF SAID CITY OF CORPUS CHRISTI IN THE COUNCIL CHAMBERS OF
THE CI TI / /,,,rwl//��HALL OF THE CITY OF CORPUS CHRIST , TEXAS, AT O'CLOCK
V M., ON THE DAY OF , 1963, AT WHICH TIME
ALL PERSONS, FIRMS, CORPORATIONS, OR ESTATES, NING OR CLAIMING ANY SUCH
ABUTTING PROPERTY OR ANY INTEREST THEREIN AND THEIR AGENTS OR ATTORNEYS,
OR PERSON OR PERSONS INTERESTED IN SAID PROCEEDINGS MAY APPEAR TO BE HEARD
IN PERSON OR BY COUNSEL AND MAY OFFER EVIDENCE.
NOTICE IS HEREBY FURTHER GIVEN THAT THE ESTIMATED AMOUNT OR
AMOUNTS PROPOSED TO BE ASSESSED AGAINST THE OWNER OR OWNERS OF ABUTTING
PROPERTY AND SUCH PROPERTY ON SAID ALLEY WITH REFERENCE TO WHICH HEARING
IS TO BE HELD ARE AS FOLLOWS:
TOTAL ESTIMATED COST OF WHOLE IMPROVEMENTS
WITHIN THE LIMITS DEFINED: $2,16o.00
THE STATE OF TEXAS a
COUNTY OF NUECES.
I, Idrs Henry E Gouger, Clerk of the County Court in and for said County, do her
certlfy
that the foregoing instrument ----- -- - - -- -- - -- -- - - - -- -------- o
- ------ -,19.. ; with its certificate of
Dated rbts------ - - - - -- ------- _ - - - - -. day - -...— - -- is }_ -,
authentication, was filed for record in mY office the - - --dy of - -- -.- -- -- -,19 b 3
° Y -o'clock - - --J! - IL, and duly recordedthe. -- -- - -- –
s' C� . M., is -- -- - -- - -- - -- -"fir-- �=------------ - - - --- - - --
$ewrd of said
County, in Vol.__ -
- on Pages. -- YS -..% — — - - -- - - - -- --
8 �� -,
Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas,
the dory and Year last above written. Mrs. Henry E. Gout,
Deputy County Clerk, Nueces County
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VOL SOS PAGE396 ESTIMATED AMOUNT PER FRONT FOOT TO BE ASSESSED
&1900 PQGE266 AGAINST EACH ABUTING PROPERTY AND THE REAL
AND TRUE OWNERS THEREOF FOR CONSTRUCTION OF
SAID PAVEMENT $ 1•45
TOTAL AMOUNT TO BE ASSESSED $1,605.88
TOTAL AMOUNT TO BE PAID BY THE CITY OF
CORPUS CHRISTI $ 554-12
WITNESS MY HAND THIS THE I/ DAY OF , 1963.
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THE STATE OF TEXAS
COUNTY OF NUECES
I
T. RAY K ING -CITY ECRETARY
E
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 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
DAY OF MAY, 1963•
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
( EDNA MEADOR
.. Notary Pubic, In and for Nveces County, Texas
THE STATE OF TEXAS) I, fAFS. l:` - *;^y F Gt9'JGER
COUNTY OF NUECES ) CIci1: Of tha County Cou t In
vd for add County, do harehy I 1.- t I f - -'m9 ent
a ,.
dated the .� ... . daY of /?:=. .. 19 6.]_
w
nth the cerllhcate 1 tk - I [ -sir 14x :k II "
o'clock _. M. and d y ro rc Q�th. �. t -A
.,clock .. � •...M. in...- .- .62� -��d -- � _ _. a��".
County, in VoL_.f ° °_. . - on f'.e �_(' - (.
',v --
Witness m7 hand and seal of I,. C. unly zf en'' Ccanty at
office in Corpus Christi, Texas, the dr and yea: last above Wrillep.
MF'.^,. hEN° f-. CrJlJrr?
uIJr7Y r L'�i :i.. IJUCCEt3 CI3.AtJFY
BY nepµty
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