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Home My WebLink About07634 ORD - 07/14/19657634 AN ORDINANCE DETERMINING -THE NECESSITY FOR AND ORDERING THAT A PORTION OF NORTH SAXET DRIVE, FROM OLD ROBSTOWN ROAD TO WEST SAXET DRIVE; WEST SAXET DRIVE, FROM NORTH SAXET DRIVE TO SOUTH SAXET DRIVE; SOUTH SAXET DRIVE, FROM OLD ROBSTOWN ROAD TO WEST SAXET DRIVE; AND BROOKS DRIVE, FROM NORTH SAXET DRIVE TO SOUTH SAXET DRIVE BE IMPROVED; 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. 1 WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS,, J HAS DETERMINED THE NECESSITY FOR, AND HAS DECIDED TO IMPROVE THE HEREIN- - AFTER NAMED STREETS WITHIN THE CITY OF CORPUS CHRISTI, 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 STREETS WITHIN THE SAID • CITY IN THE MANNER HEREIN PROVIDED, TO —WIT: 1. NORTH SAXET DRIVE, FROM OLD ROBSTOWN ROAD TO .' WEST SAXET DRIVE; " 2. WEST SAXET DRIVE, FROM NORTH SAXET DRIVE TO SOUTH SAXET DRIVE; I , a 3. SOUTH SAXET DRIVE, FROM OLD ROBSTOWN ROAD TO WEST SAXET DRIVE; ' 4. BROOKSM DRIVE, FROM NORTH SAXET DRIVE TO SOUTH 4 _ SAXET DRIVE. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREET, WITHIN .f 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,l GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, TOGETHER 7634 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 STREETS TO BE PAVED AS FOLLOWS: NORTH SAXET DRIVES WEST SAXET DRIVE AND SOUTH SAXET DRIVE ARE TO BE EXCAVATED TO A DEPTH AND WIDTH TO PERMIT THE CON- STRUCTION OF A RESIDENTIAL TYPE STREET CONSISTING OF STANDARD CONCRETE CURB AND GUTTERS STANDARD REINFORCED CONCRETE DRIVEWAYS AND 4 FEET WIDE, 4 INCHES THICK REINFORCED CONCRETE SIDEWALKS WHERE SPECIFIED, ACCORDING TO PLANS. A COMPACTED SUBGRADE, 8-INCH COMPACTED CALICHE BASE AND A THREE COURSE ASPHALT SUR- FACE TREATMENT TO PERMIT A ROADWAY WIDTH OF 30 FEET FACE TO FACE OF CURB, BROOKS DRIVE SHALL HAVE THE SAME CONSTRUCTION REQUIREMENTS AS THE ABOVE NAMED STREETS EXCEPT THAT THE ROADWAY. WIDTH WILL BE 27 FEET FACE TO FACE OF CURB ANY EXISTING CURBS AND GUTTERS, SIDEWALKS OR CONCRETE DRIVEWAYS IN PLA CEO MEETING THESE SPECIFICATIONS, OR WHICH CAN BE UTILIZED, IF ANY, SHALL BE LEFT IN PLACES AND CORRESPONDING CREDITS TO THE PROPERTY OWNERS SHALL BE ALLOWED ON THE ASSESSMENTS. SECTION 3- IN PROVIDING FOR AND MAKING SUCH IMPROVEMENTS, THE CITY COUNCIL HEREBY DETERMINED TO PROCEED UNDER AND IN THE EXERCISE OFD 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 (1.927), 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. -2- • SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL BE PAID AS FOLLOWS: A. THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COSTS OF CONSTRUCTION, RECONSTRUCTIONS 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 OF THE TOTAL REMAINING COST OF SAID IMPROVEMENTS EXCLUSIVE OF THE COST OF THE SIDEWALKS, CURBS GUTTERS AND DRIVEWAYS IN FRONT OF THE RESPECTIVE PROPERTIES ABUTTING SAID STREET. B. THE PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED AND THE REAL AND TRUE OWNERS THEREOF SHALL BE ASSESSED AND PAY THE ENTIRE COST AS DETERMINED BY FULL CON- TRACT COST OF CURBS AND GUTTERS AND NEW DRIVEWAYS AND SIDE - WALKS EXCLUSIVE OF ENGINEERING COSTS AND EXCLUSIVE OF COST FOR EXCAVATION FOR BASES AND EXCLUSIVE OF STORM SEWER COST. SAID AMOUNTS PAYABLE BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF SHALL NOT IN ANY CASE EXCEED ALL OF THE COST OF CONSTRUCTING, RECONSTRUCTING REPAIRING AND REALIGNING CURBS, GUTTERS AND SIDEWALKS AND 9/10THS OF ALL OF THE REMAINING COSTS OF SUCH IMPROVEMENTS. 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: -3- 0 'I. 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; ORS 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 IMPROVEMENTS AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) QR—, jz EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID IN FULL; TOGETHER WITH INTEREST FROM THE DATE OF SAID COM- PLETION 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 n2u OR 'T' ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE; OR ALL; OF SUCH INSTALL- MENTS 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 CONTRACTORp 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 ATTORNEYS 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 BENE- FITS TO ACCRUE TO SUCH - PROPERTY IN THE ENHANCED VALUE THEREOF RESULTING FROM SAID IMPROVEMENTS. -4 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 PERMA- NENT STREET IMPROVEMENTS ON NORTH SAXET, WEST SAXET AND SOUTH SAXET DRIVES AND BROOKS DRIVE, WITHIN THE LIMITS.HEREINABOVE DEFINED, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREETS 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 RESO- LUTION 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 A T R IT PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF iPiC , A.D., 1965• ATTE T. �4&a'7" f/1/✓LLQ TTE MAYOR (� /J�,. -- THE CITY OF CORPUS CHRISTI, TEXAS CITY SEC ETA - APPROVED A TO LEGAL FORM TH S THE _q DAY. OF JULY, 1965: CITY ATTORNEY J CORPUS CHRISTI, TEXAS y- 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, 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, MAYOR' THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN O JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. I O KEN MCDANIEL RONNIE SIZEMORE J ,/ 0 WM. H. WALLACE ✓// //( 0 THE ABOVE ORDINANCE WAS PASSED BY THE FFOOLLOWIINN;I VOTE: DR. MCIVER FURMAN V V' %(i0 JACK BLACKMON + /.' PATRICK J. DUNNE DR. P. JIMENEZ, JR. V KEN MCDANIEL v RONNIE SIZEMORE I/, o WM. H. WALLACE ' a