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HomeMy WebLinkAbout07932 ORD - 03/09/19660 TDM:JKH:3 -8 -66 AN ORDINANCE 79J'U .} DETERMINING THE NECESSITY "FOR AND ORDERING THAT A PORTION OF LOUISIANA BOULEVARD,'SOUTH LANE, FROM DENVER TO SANTA FE, BE IMPROVED; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HAS DETERMINED THE NECESSITY FOR, AND HAS DECIDED TO IMPROVE THE HEREIN- AFTER NAMED STREET 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 ?dF CORPUS CHRISTI, TEXAS, DOES HEREBY DETERMINE THAT IT IS NECESSARY TO IMPROVE THE FOLLOWING STREET WITHIN THE SAID CITY IN THE MANNER HEREIN PROVIDED, TO -WIT: A PORTION OF LOUISIANA AVENUE, THE SOUTH LANE, FROM DENVER TO SANTA FE. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREET, 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 IN PROPER GRADE AND LINE, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR it IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY S SAID DIRECTOR OF PUBLIC WORKS, SAID STREET TO BE PAVED AS FOLLOWS: THE SOUTH LANE OF LOUISIANA AVENUE, WITHIN THE LIMITS HEREINABOVE DEFINED, IS TO BE IMPROVED WITH THE CONSTRUCTION OF PAVEMENT, SIDEWALKS, CURBS, GUTTERS, INLETS AND DR14,,EWAYS AND SUCH OTHER INCIDENTALS AND APPURTENANCES AS SHOWN ON THE PLANS AND SPECIFICATIONS DATED JANUARY 21, 1966 AND RECOMMENDED BY THE CITY ENGINEER. 7932 a t 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. SECTION5. 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, 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 ABUTTING THE PROPOSED STREET IMPROVE- MENTS SHALL BE ASSESSED FIFTY PERCENT (50 %) OF THE COST OF THE CONSTRUCTION OF THE PROPOSED NEW CURBS AND GUTTERS, DRIVEWAYS AND SIDEWALKS AND FIFTY PERCENT (50 %) OF THE COST OF REMOVAL OF THE EXISTING OLD CURBS GUTTERS, HEADER CURBS+)" SIDEWALKS AND DRIVEWAYS. 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: —2— I ;Y e 4 1. ALL i'N CASH WITHIN 20 DAYS AFTER THE COMPLETI'ON OR ACCEPTANCE BY THE CITY; ORS ' 2. 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; OR, 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 IMPROVEMENT, AND THE -ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY —NINE (59) OR LESS EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING 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 "2!' OR "T' 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; FURTHERS 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 ATTORNEY'S FEES AND COLLECTION COSTS IF INCURRED; HOWEVER, -3- b E IT IS SPECIFICALLY STIPULATED AND PROVIDED THAT NO ASSESS- MENT SHALL IN ANY CASE BE MADE AGAINST ANY PROPERTY, OR 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. SECTION 8. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME PERMANENT STREET IMPROVEMENTS ON THE SOUTH LANE OF LOUISIANA AVENUE, WITH- IN THE LIMITS HEREIN DEFINED, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREET 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 2— DAY OF MARCH, 1966 A i ITY SECRETI�RCH, THE CITY OF CORPUS CHRISTI, TEXAS PPVVED AS GAL ARM THIS % _ DAY 1966: C CITY AT'104NEY z JJ` CORPUS CHRISTI, TEXAS DAY OF L ' ,/o & 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, a l ' V/ �tl./✓� -mil// YOR plB -Tem 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 H WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI V TE: v^ DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL , dt RONNIE SIZEMORE WM. H. WALLACE c.