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HomeMy WebLinkAbout08123 ORD - 08/03/1966VMP:8/1/66 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF NAVIGATION BOULEVARD, FROM HIGHWAY 9 (LEOPARD STREET) TO UP RIVER ROAD, 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 IM- PROVEMENTS SHALL BE PAID; 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 OF 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: NAVIGATION BOULEVARD, FROM HIGHWAY 9 (LEOPARD STREET) TO UPRIVER ROAD. 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 AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, TOGETHER WITH ALL OTHER INCIDENTALS AND APPURTENANCES, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT TO BE PREPARED BY SAID DIRECTOR OF PUBLIC WORKS, SAID STREET TO BE PAVED AS FOLLOWS: EXCAVATION TO A WIDTH OF 60 FEET AND TO A DEPTH AND GRADE TO PERMIT THE CONSTRUCTION OF A PAVEMENT CONSIST- ING OF THE FOLLOWING REQUIREMENTS: 9" LIME STABILIZED BASE, 6" COMPACTED CALICHE, PRIME COAT M.C. 70, 2 -1/2" TYPE "A ", AND 1 -1/2" TYPE "D" HOT - MIX ASPHALTIC CONCRETE TO A WIDTH OF 44' AND 2 - 81 ,.., PAVED SHOULDERS WITH TWO - COURSE ASPHALTIC SURFACE TREATMENTS MAKING A TOTAL PAVED ROADWAY WIDTH OF 60 FEET. SECTION 3. IN PROVIDING FOR AND MAKING SUCH IMPROVEMENTS, THE CITY COUNCIL HEREBY DETERMINED TO PROCEED UNDER AND IN THE EXERCISE OF, 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 CHRIST12 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 AND OTHER INCIDENTALS AND APPURTENANCES HEREINABOVE SET FORTH. SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL BE PAID AS FOLLOWS: A. OWNERS OF PROPERTY ZONED OR USED OTHER THAN OR CHURCH PROPERTY ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED EIGHTY PERCENT (80 %) OF THE COST OF THEIR ONE -HALF (1/2) OF THE STREET IMPROVED, WHICH SHALL BE ONE -HALF (1/2) OF THE PAVEMENT WIDTH ABUTTING THE PROPERTY, AS DETERMINED BY APPLYING THE UNIT PRICES OB- TAINED BY BIDS TO THE CALCULATED QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. B. FOR PROPERTY ZONED "R -lt "; "R -2 " OR USED FOR CHURCH PUR- POSES, THE ASSESSMENT FOR THE PAVEMENT ABUTTING THE SIDE OF ANY SUCH PROPERTY SHALL BE ADJUSTED IN THE PROPORTION TO THE WIDTH OF THE PROPERTY PERPENDICULAR TO THE STREET BEING IMPROVED. C. HOWEVER THE TOTAL COSTS TO BE ASSESSED AGAINST AND PAID BY ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THERE- OF, SHALL NOT IN ANY CASE EXCEED NINE - TENTHS (9110) OF THE TOTAL COST OF SAID IMPROVEMENTS. D. ALL DRIVEWAYS SHALL BE REPLACED ACCORDING TO PLANS AND SPECIFICATIONS ACCORDING TO THEIR EXISTING WIDTHS AND NO -2- ASSESSMENT MADE THEREFOR. ALL INCREASED IN THE WIDTHS OF EXISTING DRIVEWAYS AND THE INSTALLATION OF ANY DRIVE- WAYS NOT NOW EXISTING SHALL BE PAID FOR IN THEIR ENTIRETY BY THE ABUTTING PROPERTY OWNERS AT THE UNIT BID PRICE PURSUANT TO A SEPARATE AGREEMENT BETWEEN THE PROPERTY OWNERS AND THE CONTRACTOR. 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 ABUT- TING PROPERTY IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: 1. ALL IN CASH WITHIN 20 DAYS AFTER THE COMPLETION 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; ORS 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL IN- STALLMENTS, 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 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 -3- 5 OF SAID COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID, AT THE RATE OF FIVE (5) PERCENT PER ANNUM; PRO- VIDED, HOWEVER THAT THE OWNERS OF SAID PROPERTY AVAIL- ING THEMSELVES OF OPTION "2" 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 PRINCI- PAL OR INTEREST, PROMPTLY, AS SAME MATURES THEN AT THE OPTION OF THE CONTRACTORS 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 IN- CURRED; 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 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 AUTHOR - [ZED 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 H. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME PERMA- NENT STREET IMPROVEMENTS ON NAVIGATION BOULEVARD WITHIN THE LIMITS HEREIN - ABOVE 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 OFJHE CITY COUNCIL, AND THE MAYOR, HAV- ING 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 J DAY OF AUGUST, 1966. ATTEST: APPROVED AS TO LEGAL FORM THIS THE 7 _DAY OF AUGUST, 1966: ASSISTANT CITY AT & NEY _� TY OF CORPUS CHRISTI, TEXAS .N CORPUS CHRISTI, TEXAS DAY Of -1 V , 19 z/_. 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, ORTHETPTITY 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 FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE WALLACE WM. H. WALLACE l 8 -t -66 715738 NOTICE THE STATE OF TEXAS j KNOW ALL NEN BY THESE PRESENTS: COUNTY OF NUECES • THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 3RD DAY OF AUGUST, 1966, BY ORDINANCE N0. 8123 DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENTS OF A PORTION OF THE STREETS WITHIN THE CITY OF CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS: NAVIGATION BOULEVARD, FROM HIGHWAY 9 LEOPARD STREET) TO UPRIVER ROAD WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SAID STREETS, WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING OR REPAIRING SAME AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, TOGETHER WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTE- NANCES, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. THAT ORDINANCE N0. 8123_ PASSED BY THE CITY COUNCIL ON THE 3RD DAY OF AUGUST, 1966, PROVIDED THAT THE AMOUNTS PAYABLE BY THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: 1. 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, S 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 1 PAID AT THE RATE OF 5% PER ANNUM; OR, DEED RECORDS ; DEED -OF TRU3fi RECORDS VOL1163 PACE354 VOL1020 PACE138 j . 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 IMPROVE- MENT, AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) 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 COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE OF FIVE (5) PERCENT PER ANNUM; PRO- VIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAIL- ING THEMSELVES OF OPTION "Z!' OR "S' 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. AND SAID ORDINANCE FURTHER PRO- VIDED THAT THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSESSED AGAINST SAID PROPERTY AND SAID TRUE OWNERS THEREOF SHALL CONSTITUTE A FIRST AND PRIOR LIEN ON SUCH ABUTTING PRO- PERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS EDNA MEADOR, ACTING NOTICE TO BE FILED BYX6VI)RANKXXK4Y CITY SECRETARY, AND THE OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE � DAY OF AUGUST, 1966. CITY OF CORPUS CHRISTI BYu `Yy ACTING CITY SECRETARY °Vad. DEED RECORDSJ VOL1163 PAGE355 DEED OF TRUST RECORDS VOL1020 PACE 139 s � THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED EDNA MEADOR, ACTING CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AS ACTING CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, AND ACKNOWLEDGED TO ME THAT SHE SIGNED THE SAME IN HER CAPACITY AS SUCH ACTING CITY SECRETARY FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF AUGUST, 1966. PY tt 3,T?Uf, Y , NOTARY PUBLIC IN AND FOR NU ECES COUN , TEXAS DEED RECORDS i GEED d TRUST RECCUS VOL1163 PACE356 VOL1020 PmdN