HomeMy WebLinkAbout07907 ORD - 02/16/1966TDM:Baw:2- 14-66'
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THAT A
PORTION OF SOUTH STAPLES STREET, FROM GOLLIHAR TO x `
LEXINGTON, A PORTION OF GOLLIHAR FROM STAPLES TO
CADDO, A PORTION OF McARDLE FROM STAPLES TO ZARSKY
AND MCARDLE, 130 FEET NORTHWESTERLY FROM STAPLES,
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.
i WHEREAS, THE CITY COUNCIL OF,THE CITY OF CORPUS CHRISTI, TEXAS,
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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 THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THERE EXISTS A PUBLIC NECESSITY FOR, AND.THE
CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,r DOES HEREBY DETERMINE
THAT IT IS NECESSARY TO IMPROVE THE`FOLLOWING STREETS WITHIN THE SAID CITY
IN THE MANNER HEREIN PROVIDED, TO -WIT:
1. A PORTION OF SOUTH STAPLES STREET FROM GOLLIHAR ROAD
TO LEXINGTON BOULEVARD;,
2. A PORTION OF GOLLIHAR ROAD FROM SOUTH STAPLES STREET
TO CADDO STREET;
3. A PORTION OF MCARDLE ROAD FROM SOUTH STAPLES TO ZARSKY
DRIVE;
4. MCARDLE ROAD, 130 FEET NORTHWESTERLY FROM SOUTH STAPLES
STREET.
SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS, WITHIN
THE LIMITS ABOVE DESCRIBED, SHALL BE IMPROVED BY RAISING, GRADING, FILLING,
WIDENING, PAVING, REPAVING, OR REPAIRING SAME, BY THE CONSTRUCTION, RECON-
STRUCTION, 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
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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:' r
SOUTH STAPLES STREET IS TO BE EXCAVATED TO A DEPTH AND
WIDTH TO PERMIT THE CONSTRUCTION OF A MAJOR THOROUGHFARE
OR ARTERIAL STREET CONSISTING•OF STANDARD CONCRETE CURB
AND GUTTER, S'T'ANDARD REINFORCED CONCRETE DRIVEWAYS AND
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FEET WIDE, INCHES THICK REINFORCED CONCRETE SIDEWALKS
WHERE SPECIFIED, ACCORDING TO PLANS. A 6 -INCH LIME STABIL-
IZED SUBGRADE, 6 -INCH COMPACTED CALICHE BASE AND 4 -INCH HOT
MIX ASPHALTIC CONCRETE BASE AND SURFACE TO PERMIT A ROADWAY
WIDTH OF 66 FEET FACE TO FACE OF CURB;
GOLLIHAR ROAD SHALL HAVE THE SAME CONSTRUCTION REQUIREMENTS
AS THE ABOVE NAMED STREETS WITH THE EXCEPTION OF A 5 -1/2 FOOT
' WIDE SIDEWALK 6ONSISTING OF 4 FEET OF'STANDARD`4 =INCH THICK
REINFORCED CONCRETE WITH 1 -1/2 FEET OF 4 To 6 INCH EDGE
THICKENING:
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 THE CHARTER OF THE CITY OF CORPUS
CHRISTI TEXAS, AND AS SET OUT IN ARTICLE 1105B, 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 IMPROVE-
MENTS COVERING THE TYPE OF PAVEMENT, SIDEWALKS CURBS GUTTERS AND DRIVE -
WAYS,•AND OTHER INCIDENTALS AND APPURTENANCES HEREINABOVE SET FORTH.'
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, RECONSTRUCTION, OR REPAIR OF THE CURBS
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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. OWNERS OF PROPERTY ZONED OR USED OTHER THAN "R -1`r, trR -2'r,
OR CHURCH PROPERTY ABUTTING ON EACH SIDE-OF THE STREET SHALL
BE ASSESSED THE ENTIRE COST
,, OF THE DRIVEWAYS AND SHALL BE
ASSESSED EIGHTY PERCENT (80%) OF THE COST OF THEIR ONE -HALF
(1/2) OF THE STREET IMPROVED, WHICH SHALL BE ONE (1) FOUR -
FOOT (41) WIDE SIDEWALK, CURB AND GUTTER AND ONE -HALF (1/2)
OF THE PAVEMENT WIDTH ABUTTING THE PROPERTY, AS DETERMINED
BY APPLYING THE UNIT PRICES OBTAINED BY BIDS TO THE CALCU-
LATED QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY.
IN THE EVENT THAT A SIDEWALK IS INSTALLED WHICH IS GREATER
THAN FOUR FEET (41) IN WIDTH, THE PROPERTY OWNER SHALL PAY
ONE HUNDRED PERCENT (100%) OF THE COST OF THAT PORTION THAT
EXCEEDS FOUR FEET (41) IN WIDTH.
C. PROPERTY OWNERS WHOSE ABUTTING PROPERTY IS ZONED FOR ONE
OR TWO- FAMILY DWELLING UNITS AND NOT USED FOR BUSINESS AND
WHOSE PROPERTY ABUTS UPON A STREET WHICH WILL HAVE A WIDTH
OF THIRTY FEET (30') OR MORE FROM FACE TO FACE OF CURB SHALL
BE ASSESSED THE ppE,N,�TIRE COST OF DRIVEWAYS AND SHALL BE ASSESSED
EIGHTY PERCENT (W %) OF THE COST OF IMPROVEMENTS ON THEIR ONE -
HALF (1/2) OF A THIRTY -FOOT (30') STREET, WHICH SHALL BE ONE
(1) FOUR -FOOT (41) WIDE SIDEWALK, CURB AND GUTTER AND THIRTEEN
AND ONE -HALF (13 -1/2) FEET OF PAVEMENT WIDTH ABUTTING THE
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PROPERTY. THE CALCULATIONS SHALL BE BASED ON APPLYING
THE UNIT PRICES OBTAINED BY BIDS AND CALCULATING THE
QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY.
IN THE EVENT THAT A SIDEWALK IS INSTALLED WHICH IS
GREATER THAN FOUR FEET (41) IN WIDTH, THE PROPERTY OWNER
SHALL PAY ONE HUNDRED PERCENT (100 %), OF THE COST OF THAT
PORTION THAT EXCEEDS FOUR FEET (41) IN WIDTH.
D. ASSESSMENTS ARE ADJUSTED BY GIVING CREDIT FOR ADEQUATE
EXISTING SIDEWALKS, CONCRETE DRIVEWAYS, CURBS AND GUTTERS
AND THE AMOUNT PREVIOUSLY SPENT FOR A PERMANENT -TYPE PAVE-
MENT THAT THE PROPERTY OWNERS HAVE HAD INSTALLED ABUTTING
THEIR PROPERTY.
E. 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 (910)
OF THE TOTAL COST OF SAID IMPROVEMENTS, INCLUSIVE OF THE
COST OF CURBS, GUTTERS SIDEWALKS AND DRIVEWAYS. HOWEVER
NO ASSESSMENT WILL BE MADE FOR SIDEWALKS CURBS GUTTERS
AND DRIVEWAYS ON THE SAID STREETS WHICH ARE NOW DEEMED
ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS.
SECTION 6. 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 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 PO DAYS AFTER THE COMPLETION OR ACCEPTANCE
BY THE CITY; ORS
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Z. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE
COMPLETION OF SAID WORK AND ITS ACCEPTANCE,BY THE CITY,
AND TWENTY PERCENT (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 INSTALL-
MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20)
DAYS AFTER,THE COMPLETION OF SAID IMPROVEMENTI,AND THE
ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE
PAID IN FIFTY -NINE (59) OR LESS EQUAL CONSECUTIVE MONTHLY
INSTALLMENTS CQMMENCING,ON THE IST DAY OF THE NEXT SUCCEED -
-ING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH
SUCCEEDING MONTH,UNTIL THE ENTIRE SUM IS PAID IN FULL, TO-
GETHER WITH INTEREST FROM THE DATE OF SAID COMPLETION AND
ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE,OF FIVE (5)
PERCENT PER ANNUM; PROVIDED HOWEVER THAT THE OWNERS OF
SAID PROPERTY AVAILING THEMSELVES OF OPTION rtZrc OR "' 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
ATTORNEYS FEES AND COLLECTION COSTS IF INCURRED; HOWEVER,
IT IS SPECIFICALLY STIPULATED AND PROVIDED THAT NO ASSESS-
! MENT SHALL IN ANY CASE BE MADE AGAINST ANY PROPERTY, OR
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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 7. IT IS FURTHER PROVIDED AS IS STIPULATED BY THE PRO-
VISIONS 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.
SECTIONS. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME PERMA-
NENT STREET IMPROVEMENTS ON SOUTH STAPLES STREET, GOLLIHAR ROAD AND MCARDLE
ROAD, 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 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, 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 FEBRUARY, 1966.
ATTEST:
MAYOR
CITY SECRE ARY THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AST LEGAL FORM THIS THE
DAY OF FEBRUARY, 1966:
As'sISTANT CIT A,TTORotf
CORPUS CHRISTI, TEXAS
N (�
DAY OF D70,/� , 1g
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,
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RESPECTFULLY,
MAYOR ,
THE CITY OF CORPUS "CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE 'I' i lam.
DR. P. JIMENEZ, JR.
/ I
KEN MCDANIEL ✓ i
RONNIE SIZEMORE ✓ % tee, ()
WM. H. WALLACE
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THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
+ DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL ✓ (.LG�
RONNIE SIZEMORE
WM. H. WALLACE C.ILI fL�