HomeMy WebLinkAbout07040 ORD - 10/09/1963AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING
THAT A PORTION OF NORTH STAPLES STREET FROM
THE SOUTH BOUNDARY LINE OF INTERSTATE HIGH-
WAY 37 TO THE NORTH BOUNDARY'LINE OF KINNEY
STREET 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 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
North Staples Street from the South boundary line of Interstate Highway 37 to,the
North boundary line of Kinney Street, 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:
North Staples Street from the South boundary line of Interstate Highway 37
to the North boundary line of Kinney Street.
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 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 construction of an eight (8 ") inch
compacted caliche base course, a five and one -half (5 1/21,) inch hot asphaltic
concrete base course and the construction thereon of a substantial wearing surface
of one and one -half (1 1/2 ") inch hot asphaltic concrete surface course.
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SECTIONF3. 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, 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 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 improvements exclusive of the cost of the side-
walks, curbs, gutters and driveways in front of the respective properties
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abutting said street.
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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 (13 1/2') 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 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 (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
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
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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
on','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 next succeeding month and continuing thereafter
.on the 1st dly of',each sue6eedingrmonth'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
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of five (5) per cent per annum; provided, however, that the
owners of said property availing themselves of option "2" or "3"
above 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 tees and collection costs, if incurred;
BEM
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 North Staples Street, within the limits hereinabove de-
fined, 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
1/ take effect and be in full force and effect from and after its passage, IT
IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this _/ day of L1c,Y, , A. D., 1963
Mayor
ATTEST:
The City of Corpus Christi, Texas
Q � City Secretary
AP.DaLLEGAL FORM:
Ass, , City Attorney
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a ? CORPUS CHRISTI, TEXAS
I
i 9 DAY OF ��+G _� iq!�3 ..
a 'T—
TO THE MEMBERS OF THE CITY COUNCIL ,
CORPUS CHRISTI, TEXAS
4 11
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; 1, 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, �}
THE CITY OF CORPUS CHRISTI, TEXAS.
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG I/ 04,Z-
JACK R. BLACKMON
JOSE R. DELEON Al
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
a
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JAMES L. BARNARD all t
JAMES H. YOUNG ./ 4a I
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR. ✓