HomeMy WebLinkAbout07736 ORD - 10/06/1965AN 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:
1. GOLLIHAR ROAD; SOUTHWEST SIDE, FROM AIRLINE ROAD TO
EXISTING PAVED AREA APPROXIMATELY 190 FEET EAST OF
SOUTH STAPLES STREET INTERSECTION, SAVE AND EXCEPT
THAT PORTION OF THE STREET WHICH ABUTS LOTS 25 AND
26, BLOCK 6; LOTS 21 AND 22, BLOCK 7; AND LOT 10,
BLOCK 10, KOOLSIDE ADDITION; AND LOT 1, BLOCK 20,
WINDSOR PARK NO. 4.
2. WEBER ROAD, NORTHEAST SIDE, FROM HOLLY ROAD TO MARY
CARROLL HIGH SCHOOL, WHICH ABUTS THE FOLLOWING LOTS
ONLY: LOT "C ", CARROLL WOODS J2; LOT 1, BLOCK 4;
LOTS 1 AND 27, BLOCK 3; LOTS 1 AND 35, BLOCK 2; AND
LOT 1, BLOCK 1, OIRROLL WOODS UNIT 1; LOT 1, BLOCK 5;
LOTS 1 AND 214, BLOCK 4; LOTS 1 AND 33, BLOCK 3; AND
LOTS l AND 25, BLOCK 2, MALIBU HEIGHTS UNIT1;
3. GREELY DRIVE PARADE DRIVE INTERSECTION, SOUTH SIDE;
4. HIGHLAND AVENUE, NORTH SIDE, FROM EXISTING SIDEWALK
WEST OF PORT AVENUE TO OSAGE STREET, SAVE AND EXCEPT
THAT PORTION OF THE STREET WHICH ABUTS LOTS 38 THROUGH
42, BLOCK 6, MONTROSE PARK;
5. ARLINGTON DRIVE, SOUTH SIDE, FROM LANIER DRIVE TO
SCHOOL PROPERTY LINE EAST OF CHURCHILL DRIVE;
6. ROSEWOOD STREET, EAST SIDE, FROM HIGHLAND AVENUE
TO BLACK STREET INTERSECTION;
7. WINNEBAGO STREET, NORTH SIDE, FROM T. C. AYERS PARK_
TO SAM RANKIN STREET, AND APPROXIMATELY 190 L.F. ON
EAST SIDE OF SAM RANKIN, FROM WINNEBAGO STREET,
NORTHWARD, SAVE AND EXCEPT THAT PORTION OF THE STREET
WHICH ABUTS LOTS 8 THROUGH 15, BLOCK "A ", DIAZ ADDITION;
S CANTWELL DRIVE, WEST SIDE; FROM I.H. 37 TO UP RIVER ROAD
FROM CANTWELL DRIVE TO SAVAGE SCHOOL;
9. LANTANA STREET, WEST SIDE, FROM I(1H_ 97 TO HAMPSHIRE ROAD;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH 6 RK DIRECTING;
THE PREPARATION OF ESTIMATES; ADOPTING THE PROVISIONS OF
CHAPTER 10 , ACTS OF THE FIRST CALLED SESSION OF THE 140TH
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 SFCURF
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.
7736.
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. 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. GOLLIHAR ROAD, SOUTHWEST SIDE, FROM AIRLINE ROAD TO
EXISTING PAVED AREA APPROXIMATELY 190 FEET EAST OF
SOUTH STAPLES STREET INTERSECTION, SAVE AND EXCEPT
THAT PORTION OF THE STREET WHICH ABUTS LOTS 25 AND
26, BLOCK 6; LOTS 21 AND 22, BLOCK 7; AND LOT 101
BLOCK 10, KOOLSIDE ADDITION; AND LOT 1, BLOCK 20,
WINDSOR PARK N0. 4;
2. WEBER ROAD, NORTHEAST SIDE, FROM HOLLY ROAD TO MARY
CARROLL HIGH SCHOOL, WHICH ABUTS THE FOLLOWING LOTS
ONLY: LOT "C °, CARROLL 140ODS 42; LOT 1, BLOCK 4;
LOTS 1 AND 27, BLOCK 3; LOTS 1 AND 35, BLOCK 2; AND
LOT 1, BLOCK 1, CARROLL WOODS UNIT 1; LOT 1, BLOCK 5;
LOTS 1 AND 24, BLOCK 4; LOTS 1 AND 33, BLOCK 3; AND
LOTS 1 AND 25, BLOCK 2, MALIBU HEIGHTS UNIT 1;
13. GREELY DRIVE, PARADE DRIVE INTERSECTION, SOUTH SIDE;
4. HIGHLAND AVENUE, NORTH SIDE, FROM EXISTING SIDEWALK
WEST OF PORT AVENUE TO OSAGE STREET, SAVE AND EXCEPT
THAT PORTION CF THE STREET WHICH ABUTS LOTS 38 THROUGH
42, BLOCK 6, MONTROSE PARK;
5. ARLINGTON DRIVE, SOUTH SIDE, FROM LANIER DRIVE TO
SCHOOL PROPERTY LINE, EAST OF CHURCHILL DRIVE;
6. ROSEWOOD STREET, EAST SIDE, FROM HIGHLAND AVENUE
TO BLACK STREET INTERSECTION;
7. WINNEBAGO STREET, NORTH SIDE, FROM T. C. AYERS PARK
TO SAM RANKIN STREET, AND APPROXIMATELY 150 L.F. ON
EAST SIDE OF SAM RANKIN, FROM WINNEBAGO STREET,
NORTHWARD, SAVE AND EXCEPT THAT PORTION OF THE STREET
WHICH ABUTS LOTS H THROUGH 15, BLOCK "A", DIAZ ADDITION;
H. CANTWELL DRIVE, WEST SIDE, FROM ;�I.H. 37 TO UPRIVER ROAD
FROM CANTWELL DRIVE TO SAVAGE SCHOOL;
9. LANTANA STREET, WEST SIDE, FROM I.H. 37 TO HAMPSHIRE ROAD;
SAID CONSTRUCTION TO CONSIST OF 4 -FOOT SIDEWALK COMPLETE INCLUDING ALL
NECESSARY EXCAVATION AND GRADING REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS
PURSUANT TO THE SPECIFICATIONS FOR SIDEWALK IMPROVEMENTS UNIT 2.
SECTION 2. THE PLANS AND SPECIFICATIONS FOR ALL SUCH IMPROVEMENTS
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.
-2-
SECTION 3. THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS '
CHRISTI IS bIRECTED 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. '1
SECTION 4. THE CITY COUNCILS 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 1105B 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 80$ OF
P,
THE COST OF THE IMPROVEMENTS BY ASSESSMENT AGAINST THE RESPECT)I,VE ABUTTING
PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF IN ACCORDANCE WITH THE PROVISIONS
OF SAID ARTICLE 1105B, 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 RIIRST 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 PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE.
PROVIDED, HOWEVER, THAT THE OWNERS OF ANY OF SAID PROPERTIES SHALL HAVE THE
PRNILEGE 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
-3-
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 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 ASSESS-
MENTS 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 PREPARED
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 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 EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE__� DAY OF OCTOBER, 1965.
ATTE
77 I a 6,00o'o
CITY SEC E �oL YtTHE APPROVED A EGA L FORM THI
44 ( �DAY OF OCTOBER, 1965: CI TY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY //
CORPUS CHRISTI, TEXAS
DAY OF
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; 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,
R'
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWI
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
V/
DR. P. JIMENEZ, JR.
✓
KEN MCDAN 1 EL
RONNIE SIZEMORE
_f _
WM. H. WALLACE
/
V