HomeMy WebLinkAbout08753 ORD - 02/14/1968AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
EVERHART ROAD, FROM PADRE ISLAND DRIVE TO HOLLY
ROAD;
_REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE
AND FILE PLANS AND SPECIFICATIONS; 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:
9
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:
EVERHART ROAD, FROM PADRE ISLAND DRIVE TO HOLLY ROAD.
SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREET, WITHIN
THE LIMIT 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 SPECIFICA-
TIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF PUBLIC
WORKS, SAID STREET TO BE PAVED AND CURBS AND GUTTERS AND SIDEWALKS
INSTALLED.
8753
ALL OF SAID IMPROVEMENTS ARE AS MORE PARTICULARLY SHOWN ON THE
PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS, ON FILE IN THE OFFICE OF
THE CITY ENGINEER.
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 PAVEMENTS 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, RECONSTRUCTIONS OR REPAIR OF THE CURBS
GUTTERS, SIDEWALKS AND DRIVEWAYS WITHIN THE INTERSECTION
OF SAID STREET WITH OTHER STREETS AND ALLEYS, 41E 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 IS ZONED FOR ONE OR
TWO- FAMILY DWELLING UNITS AND NOT USED FOR BUSINESS SHALL
BE ASSESSED THE ENTIRE COST OF DRIVEWAYS AND SHALL BE
ASSESSED 80% OF THE COST OF IMPROVEMENTS ON THEIR ONE -HALF
OF THE STREET BEING IMPROVED, UP TO A MAXIMUM OF 30 FEET
IN WIDTH. THE MAXIMUM STREET WIDTH FOR WHICH OWNERS OF
PROPERTY ZONED AND USED FOR SUCH PURPOSES SHALL PARTICIPATE
IN THE COST OF IMPROVING IS 30 FEET FROM FACE OF CURB TO
FACE OF CURB.
C. PROPERTY OWNERS WHOSE ABUTTING PROPERTY IS ZONED AND USED
-2-
OTHER THAN R -1 OR R -2 OR CHURCH SHALL BE ASSESSED 80%
OF THE COST OF IMPROVEMENTS ON THEIR ONE -HALF OF THE STREET
BEING IMPROVED REGARDLESS OF THE WIDTH OF THE AFFECTED
STREET.
D. THE CALCULATIONS SHALL BE BASED ON APPLYING THE UNIT
PRICES OBTAINED BY BIDS AND CALCULATING THE QUANTITIES FOR
THE IMPROVEMENTS ABUTTING THE PROPERTY.
E. 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 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 STREET WHICH ARE NOW DEEMED ADEQUATE BY THE DIRECTOR
OF PUBLIC WORKS.
SECTION E. 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 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE
BY THE CITY; ORS
2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COM-
PLETION 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 SIX AND ONE -HALF PERCENT PER ANNUM ORS
-3-
3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (50) EQUAL INSTALL-
MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20)
DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS AND THE AC-
CEPTANCE 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 CI TY UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF
PERCENT (6-1/2%) PER ANNUM; PROVIDED, HOWEVER, THAT THE
OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2"
OR „3„ ABOVE SHALL HAVE THE PRIVILEGE OF PAYINE ONES OR ALLY
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 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 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.
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,
-4-
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 &. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME
PERMANENT STREET IMPROVEMENTS ON THE ABOVE NAMED STREET, WITHIN THE LIMIT
DESCRIBED, AND THE FURTHER FACT THAT THE PRESENT CONDITION 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 AN
IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF
ITS INTRODUCTION ANDTHAT 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, AND 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 14TH DAY OF FEBRUARY, 1968.
ATTEST:
C I TVSECR&Af4Y YO
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM T S
DAY OF FE VARY, 1968:
CITY ATTORNEY
CORPUS CHRISTI TEXAS
.-.1V DAY OF .Zd. j9_,�l
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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 COUNCILS I, THEREFORE
' REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE,FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY,,JR.
P. JIMENEZ, JR., M.D.,9f
GABE LOZANO, SR. '
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS,
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON ✓ �/
RONNIE SIZEMORE
V. A. "DICK" BRADLEY�y JR.
P. JIMENEZ, JR., M.D. r
GABE LOZANO, SR.
KEN MCDANIEL I
ROBERTS
R
W. J. "WRANGLE R" �
NOTICE
756517 ROLL 63 IME 087
THE STATE OF TEXAS Q
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
THAT THE CITY OF CORPUS CHRISTI TEXAS, ACTING BY AND THROUGH
ITS DULY ELECTED AND CON UZ![p CITY COUNCILS ON THE ATH DAY OF FEBRUARY
V"
1968, BY ORDINANCE NOj DETERMINED THE NECESSITY FOR AND ORDERED
THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET:
EVERHART ROADS FROM PADRE ISLAND DRIVE TO HOLLY ROAD,
WITHIN THE CITY OF CORPUS CHRISTI NUECES COUNTY TEXAS SAID STREET, WITHIN
THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING,
WIDENING PAVING REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTIONS RECON-
STRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, CURBS GUTTERS AND
DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY CONSTRUCTING
SUCH STORM SEWERS AND DRAINS, IF ANY TOGETHER WITH ALL OTHER NECESSARY
INCIDENTALS ANDAPPURTENANCES, 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. S PASSED BY THE CITY COUNCIL ON THE
14TH DAY OF FEBRUARY, 1968, 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 COMPLETION OF ACCEPTANCE
BY THE CITY; ORS
2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COM-
PLETION 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 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 6 -112% 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
DEED RECORDS
VOL1256 PAGE 463
ROIL 63 IMAU 1388
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 SIX AND ONE —HALF
PERCENT (6 -1/2 %) 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. 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 CON-
0.be *rlT,7.STI.TUTE A FIRST AND PRIOR LIEN ON SUCH ABUTTING PROPERTY AND
A PFRONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF.
THEREFOR,'A THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS
�JQTICE TO BE FILED Y T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL
OF THE CITY- .T0.'9E6 HERETO AFFIXED THIS THE 14TH DAY OF FEBRUARY, 1968.
CITWOFPU
HRI STI
BY /[ t�
T. RA K ING CITY ECRETAr
THE STATE OF TEXAS �
COUNTY OF NUECES I
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, KNOWN
TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT
AS CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, AND ACKNOWLEDGED TO ME
THAT HE SIGNED THE SAME IN HIS CAPACITY AS SUCH CITY SECRETARY FOR THE PUR-
POSES AND CONSIDERATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF SAID
3" CITY OF CORPUS CHRISTI, TEXAS.
A GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS 14TH DAY OF FEBRUARY,
1968' z
r,
NOTARY PUBLIC, NUECEB COUNTY, TEXAS
Nvary
DEED RECORDS
VOL1256 PACE464
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ROLL 63 IMA 1389
STATE OF SE7(RS
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of Homes County, FEB as stamps
FEB 151968
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