Loading...
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, •.k 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 4' . 7907 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 4 4 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 0 -2- 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 -3- :1 A r 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 -I - 9 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 -5- 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, t 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 U 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�