HomeMy WebLinkAbout08765 ORD - 02/21/1968• B,IW:2 /lg/68
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF THE FOLLOWING STREEISIN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS:
1. TARLTON STREET, FROM PORT AVENUE TO GREENWOOD DRIVE;
2. COLEMAN STREET, FROM 19TH STREET TO BLUNTZER;
MITCHELL STREET, FROM SANTA FE TO OCEAN DRIVE; AND
HORNE ROAD, FROM S.H. 286 TO PORT AVENUE;
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 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 HERE 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 STREETS WITHIN THE SAID CITY IN
THE MANNER HEREIN PROVIDED, TO -WIT:
1. TARLTON STREET, FROM PORT AVENUE TO GREENWOOD DRIVE;
2. COLEMAN STREET, FROM 19TH STREET TO BLUNTZER;
MITCHELL STREET, FROM SANTA FE TO OCEAN DRIVE; AND
HORNE ROAD, FROM S.H. 286 TO PORT AVENUE.
SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS, 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 SPECIFICATIONS FOR
SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF PUBLIC WORKS, SAID
STREETS TO BE PAVED AND CURBS AND GUTTERS AND SIDEWALKS INSTALLED.
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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 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 TEXASI 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 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 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 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-
II• •
OTHER THAN R -1 OR R -2 OR CHURCH SHALL BE ASSESSED EDN
OF THE COST OF IMPROVEMENTS ON THEIR ONE -IIALF OF TIIE 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
IMPROVEMENTSO INCLUSIVE OF THE COST OF CURDS 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 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 6Y 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 (20/1) CASH WITHIN TWENTY DAYS AFTER THE COM-
PLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY/ AND
TWENTY PERCENT (20dp) RESPECTIVELY ON OR BEFORE ONE YEAR
TWO YEARS/ THREE YEARS AP:D 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 AHD ORE -HALF PERCENT PER ANNUM; OR,
-3
3. PAYMENT5 TO BE MADE IN MAXIMUM OF SIXTY (6O) EQUAL INSTALL-
MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20)
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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 1ST DAY OF EACH SUCCEEDING
MONTH UNTIL THE ENTIRE SUM 15 PAID IN FULLS 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 HOWEVER2 THAT THE
OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2"
OR "3" ABOVE SHALL HAVE THE PRIVILEGE OF PAYINE ONE, OR ALL)
OF SUCH INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY
PAYING THE TOTAL AMOUNT OF PRINCIPAL DUES TOGETHER WITH
INTEREST ACCRUED TO THE DATE OF PAYMENTS FURTHER, THAT IF
DEFAULT BE MADE IN PAY14ENT 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 BECOI4E 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,
m
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 ABOVE NAMED STREETS, WITHIN THE LIMIT
DESCRIBED, AND THE FURTHER FACT THAT THE PRESENT CONDITION 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 AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET-
INGS OF THE CITY COUNCIL AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY
AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUS-
FENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1�J...Z- DAY OF FEBRUARY, 1968.
ATTEST:
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I
CIT SECRET RY
APPROVED AS T LEGAL FORM S
DAY OF FEBRUARY, 1968;
CITY A RP Y
R
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI TEXAS
DAY OF -f 1949
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 COUNCIL; 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
I
<�®RHE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE�L_
V. A. "DICK" BRADLEY JR. d -11 &4 7
P. JIMENEZ, JR., M.D.
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, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. 'WRANGLER" ROBERTS
VUBUISIRR'S AFFIDAVIT
wry or 1vQ ,
(Ware me, the undersigne a Notary Public, this day perso
d, naHT came..._.._
LeU .. Ga.. B�t3,9 _...._ .._._..__ . , who being first duly sworn, according to law, says that lie is tb
03 ooai fY Ad of the Corpus Christi Caller and The Corpus Christi Them
Daily Newspapers published at Corpus Chris% Texas, in said County and State, and that the 1publicatton a
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property - -1. 2aalton St. from Port Ave to Greenwood
of which the annexed is a true copy, was published in _.__ ....... _._..... ------- - mea
on the— 6_ day of_.. 4h......_ 19_.68., and once each ---- waek __thereafter-for a
consecutive wae2A. nags -e y Waroh 12,18,1968
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Subscribed and sworn to before me this
Louise viak
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