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HomeMy WebLinkAbout07455 ORD - 01/13/19651 /8 /65 :JST:EE TEXAS: AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE CONSTRUCTION OF SIDEWALKS ON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: I. SOUTHWEST SIDE OF MCARDLE ROAD FROM AYERS STREET TO CARROLL LANE; 2. NORTHEAST SIDE OF McARDLE ROAD FROM CARROLL LANE TO WEBER ROAD; AND FROM FRASER SCHOOL TO VANCE DRIVE; 3. SOUTH SIDE OF CAMPANA STREET FROM CARVER STREET TO 4. NORTHEAST SIDE OF GOLLIHAR ROAD FROM AYERS STREET TO KOSTORYZ ROAD; AND 5. SOUTH SIDE" 'OF BLOOMINGTON STREET FROM THE WEST BOUNDARY LINE OF MOLINA JUNIOR HIGH SCHOOL TO THE WEST BOUNDARY LINE OF MOLINA ADDITION NO. 2; A APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; DIRECT- - ING THE PREPARATION OF ESTIMATES; ADOPTING THE PROVISIONS OF CHEPTER 106, ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE, KNOWN AS ARTICLE 11058 OF VERNON'S 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 STREETS, 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, SECTION I. THAT A NECESSITY EXISTS FOR THE PERMANENT IMPROVEMENT: OF THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY CONSTRUCTING SIDEWALKS THEREON, TO -WIT: 1. SOUTHWEST SIDE OF MCARDLE ROAD FROM AYERS/TOTCARROLL LANE; 2. NORTHEAST SIDE OF MCARDLE ROAD FROM CARROLL LANE TO WEBER ROAD AND FROM FRASER ELEMENTARY SCHOOL TO VANCE DRIVE; 3• SOUTH SIDE OF CAMPANA STREET FROM CARVER STREET TO GREEN- WOOD DRIVE; 4. NORTHEAST SIDE OF GOLLIHAR ROAD FROM AYERS STREET TO KOSTORYZ. ROAD; AND 5. SOUTH SIDE OF BLOOMINGTON STREET FROM THE WEST BOUNDARY LINE OF MOLINA JUNIOR HIGH SCHOOL TO THE WEST BOUNDARY LINE OF MOLINA ADDITION, No. 2; BY EXCAVATING AND GRADING TO A WIDTH OF SIX (6) FEET AND CONSTRUCTING A FOUR '.(4) FOOT WIDE REINFORCED CONCRETE SIDEWALK FOUR (4) INCHES THICK EXCEPT SIX (6) INCHES THICK ACROSS COMMERCIAL DRIVEWAYS). 745 SECTION 2. THE PLANS AND SPECIFICATIONS FOR ALL SUCH IMPROVE- MENTS HERETOFORE PREPARED BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI,TEXAS, AND NOW ON FILE IN THE DEPARTMENT OF PUBLIC WORKS ARE HEREBY IN ALL THINGS APPROVED. 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. SECTION 4. THE CITY COUNCIL, IN INITIATING THIS PROCEEDING, IS ACTING UNDER THE TERMS AND PROVISIONS OF CHAPTER 106, ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS KNOWN AS ARTICLE 11058 OF VERNON'S TEXAS CIVIL STATUTES, WHICH IS 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 EO% 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 11056, VERNON'S 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 TWENTY -FOUR (24) IN NUMBER, SAID PAYMENTS TO BE MADE AT THE CITY HALL IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE FIRST OF WHICH SHALL BE PAYABLE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE -2- 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 PRINCIPAL 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 INSTALL- MENT 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 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 ATTORNEY'S FEES AND ALL COLLECTION COSTS, IF INCURRED, SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE. SECTION 6. ANY SECURITY, LIENS 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 - BARED 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 8. THE NEED FOR THE CONSTRUCTION OF SAID SIDEWALKS WITHOUT DELAY CREATES AN EMERGENCY AND IMPERATIVE PUBLIC NECESSITY RE- QUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 COUNCILS AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED -3- AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF.ITS INTRODUCTION AND TAKE EFFECT AND Be IN FULL FORCE AND EFFECT FROM AN �ATEIR ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OF 1965. APPROVED AS TO DAY OF f::t 1965: THE CITY OF CORPUS CHRISTI, TEXAS , CORPUS CHRISTI, TEXAS _ TO THE MEMBERS OF THE CITY COUNC I L /_JDAY y _ CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE ' GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSND ITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY YOU SUSPEND SAID CH IS INTRODUCED, AND THAT COUNCIL; Is THEREFORE, HEREBY REQUEST THAT YUARTER RULE FINALLY THE DATE IT AR ER OR REQUIREMENT AND PASS THIS ORDINANCE R DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; JAMES I 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 FOLLOWINGIVOTE' JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS 1 W° H. WALLACE, JR.