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HomeMy WebLinkAbout08365 ORD - 02/22/1967VMP:2/22/67 � •. • • AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF AIRLINE ROAD, FROM ALAMEDA TO SOUTH PADRE ISLAND DRIVE, 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, TEXAS, OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS 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: A PORTION OF AIRLINE ROAD, FROM ALAMEDA TO SOUTH PADRE ISLAND DRIVE. 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 ON PROPER GRADE AND LINE, 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 IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF PUBLIC WORKS, SAID STREET TO BE PAVED AS FOLLOWS: AIRLINE ROAD, WITHIN THE LIMITS HEREINABOVE DEFINED, 15 TO BE IMPROVED WITH THE CONSTRUCTION OF PAVEMENT, SIDEWALKS, CURBS, GUTTERS, INLETS AND DRIVEWAYS AND SUCH OTHER INCIDENTALS AND APPURTENANCES AS SHOWN ON THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER. 8365 0 __ 'I.­_ - 0 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 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, 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. PROPERTY OWNERS WHOSE ABUTTING PROPERTY 15 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 ENTIRE COST OF DRIVEWAYS AND SHALL BE ASSESSED EIGHTY PERCENT (80%) OF THE COST OF IMPROVEMENTS ON THEIR ONE -HALF (1/2) OF A THIRTY - FOOT (30T) STREET, WHICH SHALL BE ONE FOUR -FOOT (41) WIDE SIDEWALK, CURB AND GUTTER AND THIRTEEN AND ONE -HALF (13 -1/2') FEET OF PAVEMENT WIDTH ABUTTING THE PROPERTY. THE CALCULATIONS SHALL BE BASED ON APPLYING THE UNIT PRICES OBTAINED BY BIDS AND CALCULATING THE QUANTITIES -2- FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. C. OWNERS OF PROPERTY ZONED OR USED OTHER THAN OR "R -2", 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 FIVE - FOOT (59 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 CALCULATED QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. D. 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 (9/10) 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 ABUT- TING PROPERTY IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: �. 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 COMPLE- TION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND TWENTY -3- • • 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 (GO) 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 INSTALL- MENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE IST 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; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING 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; 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 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. -4- • .7 SECTION 7. IT IS FURTHER PROVIDED AS IS STIPULATED BY THE PROVI- SIONS OF SAID CHARTER AND LAWS ABOVE IDENTIFIED, THAT SAID IMPROVEMENTS MAY BE OMITTED IN FRONT OF ANY PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSESS- MENT FOR STREET IMPROVEMENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESS- MENTS 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 PERMA- NENT STREET IMPROVEMENTS ON AIRLINE 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMER- GENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUS- PENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT/ FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /1. Z DAY OF FEBRUARY, 1967. ATT CIT SECR TARY APPROVED AS 0 LEGAL FORM IS 22ND DAY OF rEBRUARY, 1967: CITY ATTORNEY / MAYOR T THE CITY OF CORPUS CHRISTI, TEXAS i �- r CORPUS CHRISTI TEXAS �/ DAY OF �� , 1 p4 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS .SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 - DUCEDS OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAMA 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 G VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE VMP:2/20/67 ,. . 22 1233 NOTICE THE STATE OF TEXAS ➢ 729814 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES a THAT THE CITY OF CORPUS CHRISTI, TEXAS ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 22ND DAY OF FEBRUARY, 1967, BY ORDINANCE N0. -DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENTS OF A PORTION OF THE STREET WITHIN THE CITY OF CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS: A PORTION OF AIRLINE ROAD, FROM ALAMEDA TO SOUTH PADRE ISLAND DRIVE, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI] TEXAS SAID STREET] WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING GRADING, FILLING, WIDEN NGj PAVI NGj REPAVING OR REPAIRING SAME AND BY THE CONSTRUC- TION, RECONSTRUCTION, 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 LINES AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS] IF ANY TOGETHER WITH ALL OTHER NECESSARY 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 THEREOF AS PRE- PARED BY SAID DIRECTOR OF PUBLIC WORKS. THAT ORDINANCE N0. PASSED BY THE CITY COUNCIL ON THE 22ND DAY OF FEBRUARYS 1967, 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 ZO DAYS AFTER THE COMPLETION OR ACCEPTANCE BY THE CITY; OR, Z. TWENTY PERCENT (2015) 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, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID OF-ED RECORDS VOLU96 PAGEM 22 1294 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) EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 15T 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; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR "3" 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. AND SAID ORDINANCE FURTHER PROVIDED 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 PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS NOTICE TO BE FILED BY T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE V` Z DAY OF FEBRUARY, 1967. CITY OF CORPU I- IRISTI BY CITY SECRE RY -2- DEED RECORDS- MUM UM PAGE414 TI3E STATE OF TEXAS 0 22 1295 COUNTY OF NUECES Before me, the undersigned authority, on this day personally appeared T. RAY KRIEG, City Secretary of the City of Corpus Christi, known to me to be the person idnose name is subscribed to the foregoing instrument as City Secretary of the City of Corpus Christi, and acknowl- edged to me that he signed the same in his capacity as such City Secretary for the purposes and consideration therein expressed, and as the act and deed of said City of Corpus Christi, Texas. GIVEN UNDER TIl ;LAND AND SEAL OF OFFICE, this the_eZ.? day of February, 1967. Notary Public in and for Nueces County, Texas EDNA MEADOR Mc4ary Public, in and for Nuccas Couwy, T-js V011196 pur415