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Home My WebLink About08767 ORD - 02/21/1968JKH:C -ZV -DO AN ORDINANCE 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 STREETS WITHIN THE SAID CITY IN THE MANNER HEREIN PROVIDED, TO -WIT: 'r.'7 DETERMINING THE NECESSITY FOR AND ORDERING THE CON- STRUCTION OF SIDEWALKS ON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: 1. CARROLL LANE - GOLLIHAR ROAD TO SOUTH STAPLES STREET, EAST SIDE ONLY; 2. MCARDLE ROAD - EVERHART ROAD TO DODY STREET, SOUTH SIDE ONLY; 3. NUECES BAY BOULEVARD - UPRIVER ROAD TO I.H. 37, SOUTH SIDE ONLY; 4. SONORA STREET - BLACK STREET TO PORT AVENUE, NORTH SIDE ONLY; 5. RUTH STREET - FRANCESCA STREET TO HARMON STREET, NORTH SIDE ONLY; 6. FOURTEENTH STREET - 52 FEET NORTH OF ELIZABETH STREET TO 450 FEET SOUTH OF MCKENZIE STREET, SOUTH SIDE ONLY; 7. FAIRVIEW DRIVE - UPRIVER ROAD TO FAIRFAX DRIVE, WEST SIDE ONLY; U 8. BUFORD STREET - BROWNLEE BLVD. TO 70TH STREET, NORTH 7� SIDE ONLY; 9. COMANCHE - 19TH STREET TO PORT AVENUE, SOUTH SIDE } ONLY; 10. COLONIAL COURT - FAIRVIEW DRIVE TO OLD ROBSTOWN ROAD, NORTH SIDE ONLY; 11. GUATEMOZIN - MORGAN STREET TO HIDALGO STREET, EAST SIDE ONLY; IZ. HIDALGO - GUATEMOZIN STREET TO BALBOA STREET, SOUTH SIDE ONLY; 13. WILLIAMS DRIVE- NILE DRIVE TO AIRLINE ROAD, NORTH SIDE ONLY; 11�� 1Y. BELTON STREET - MACARTHUR STREET TO S.H. 286, SOUTH SIDE ONLY; 15. HORNE ROAD - KOSTORYZ ROAD TO AYERS STREET, SOUTH SIDE ONLY; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE THEREOF; 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 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 STREETS WITHIN THE SAID CITY IN THE MANNER HEREIN PROVIDED, TO -WIT: 'r.'7 1. CARROLL LANE - GOLLIHAR ROAD TO SOUTH STAPLES STREET, EAST SIDE ONLY; 2. MCARDLE ROAD - EVERHART ROAD TO DODY STREET, SOUTH SIDE ONLY; 3. NUECES BAY BOULEVARD - UPRIVER ROAD TO I.H. 37, SOUTH SIDE ONLY; 4. SONORA STREET - BLAKE STREET TO PORT AVENUE, NORTH SIDE ONLY; 5. RUTH STREET - FRANCESCA STREET TO HARMON STREET, NORTH SIDE ONLY; 6. FOURTEENTH STREET - 52 FEET NORTH OF ELIZABETH STREET TO 450 FEET SOUTH OF MCKENZIE STREET, SOUTH SIDE ONLY; 7. FAIRVIEW DRIVE - UPRIVER ROAD TO FAIRFAX DRIVE, WEST SIDE ONLY; 8. BUFORD STREET - BROWNLEE BLVD. TO 10TH STREET, NORTH SIDE ONLY; 9. COMANCHE - 19TH STREET TO PORT AVENUE, SOUTH SIDE ONLY; 10. COLONIAL COURT - FAIRVIEW DRIVE TO OLD ROBSTOWN ROAD, NORTH SIDE ONLY; 11. GUATEMOZIN - MORGAN STREET TO HIDALGO STREET, EAST SIDE ONLY; 12. HIDALGO - GUATEMOZIN STREET TO BALBOA STREET, SOUTH SIDE ONLY; 13. WILLIAMS DRIVE - NILE DRIVE TO AIRLINE ROAD, NORTH SIDE ONLY; 14. BELTON STREET - MACARTHUR STREET TO S.H. 286, SOUTH SIDE ONLY; AND 15. HORNE ROAD - KOSTORYZ ROAD TO AYERS STREET, SOUTH SIDE ONLY. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS, WITHIN THE LIMIT ABOVE DESCRIBED, SHALL BE IMPROVED BY THE CONSTRUCTION, RECON- STRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. 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 11058, 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 SIDEWALK IMPROVEMENTS. -2- a • SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL BE PAID AS FOLLOWS TO -WIT: (A) THE CITY SHALL REIMBURSE ITSELF FOR NOT MORE THAN 80% OF THE COST OF THE IMPROVEMENTS BY ASSESSMENT AGAINST THE RESPECTIVE ABUTTING PRO- PERTIES AND THE REAL AND TRUE OWNERS THEREOF IN ACCORDANCE WITH THE PROVI- SIONS OF SAID ARTICLE 11058, VERNON'S TEXAS CIVIL STATUTES. NO ASSESSMENTS SHALL BE MADE AGAINST ANY ABUTTING PROPERTY OR THE REAL AND TRUE OWNERS THEREOF FOR COSTS IN EXCESS OF THE BENEFITS TO SUCH PROPERTY IN ENHANCED VALUE THEREOF BY MEANS OF SUCH IMPROVEMENTS. THE AMOUNTS OF SUCH ASSESS- MENT SHALL CONSTITUTE A FIRST AND PRIOR LIEN UPON ALL SUCH PROPERTIES AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF WHETHER CORRECTLY NAMED OR NOT. ASSIGNABLE CERTIFICATES IN EVIDENCE OF THE ASSESSMENTS SO LEVIED SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESSMENT. SAID PAYMENTS SHALL BE PAYABLE IN MONTHLY INSTALLMENTS OF NOT EXCEEDING TWENTY -FOUR (24) IN NUMBER, SAID PAYMENTS TO BE MADE AT THE CITY HALL IN THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS THE FIRST OF WHICH SHALL BE PAYABLE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE COM- PLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF CORPUS CHRISTI, AND ONE INSTALLMENT EACH MONTH THEREAFTER UNTIL PAID2 WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT (E -1/2 %) PER ANNUM PAST DUE PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE. PROVIDED, HOWEVERy THAT THE OWNERS OF ANY OF SAID PROPERTIES SHALL HAVE THE PRIVILEGE OF PAYING ALL OR ANY OF SAID INSTALLMENTS AT ANY TIME BEFORE MATURITY THERE- OF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL OF SUCH INSTALLMENT TOGETHER WITH INTEREST ACCRUED THEREON DOWN TO THE DATE OF PAYMENT. THE OWNERS OF ANY OF SAID PROPERTY MAY PAY THE TOTAL AMOUNT ASSESSED AGAINST THEM AND THEIR PROPERTY WITHOUT INTEREST WITHIN THIRTY (30) DAYS AFTER THE COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS. IF DEFAULT BE MADE IN THE PAYMENT OF ANY OF SAID INSTALLMENTS OF PRINCIPAL OR INTERESTS PROMPTLY AS IT MATURES THEN AT THE OPTION OF THE CITY OF CORPUS CHRISTI OR ITS ASSIGNS THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH DEFAULT IS MADE, TOGETHER WITH REASON- ABLE ATTORNEYS FEES AND ALL COLLECTION COSTS, IF INCURRED SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE. -3- SECTION 6. ANY SECURITY, LIEN OR DOCUMENT WHICH, IN THE OPINION OF THE CITY ATTORNEY, IS REASONABLY NECESSARY, IN ADDITION TO THE PAVING ASSESSMENTS AND ASSIGNABLE CERTIFICATES ABOVE MENTIONED, TO SECURE THE PAY- MENT OF THE PART OF THE COSTS OF THE IMPROVEMENTS ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, SHALL BE OBTAINED. SECTION 7. THE CITY SECRETARY IS DIRECTED TO CAUSE TO BE PREPARED A NOTICE OF THE ENACTMENT OF THIS ORDINANCE AND FILE SAID NOTICE WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE OR DEED OF TRUST RECORDS OF SAID COUNTY. SECTION 8. THE NEED FOR THE CONSTRUCTION OF SAID SIDEWALKS WITH- OUT DELAY 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 AND THAT SUCH ORDI- NANCE 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 21ST DAY OF FEBRUARY, 1961. ATTEST: 1 Y SECR TAR YO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS 0 LEGAL FORM 71d < _ _P_ I DAY OF FEBRUARY, 1968: CITY AT'IORNkY CORPUS CHRISTI, TEXAS DAY OF - &, , t9" TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, 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 1, 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, a.0 •p4,e� -e•.� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON dfLz RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES JACK R. BLACKMON BONNIE SIZEMORE / V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. z KEN MCDANIEL W. J. NRANGLER" ROBERTS • JKH:2 -20 -6th 64 INACE So(; NOTICE THE STATE OF TEXAS i KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 0 THAT THE CITY OF CORPUS CHRISTI TEXAS ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTEti-CITY COUNCIL, ON THE 21sT DAY OF FEBRUARY 1968, BY ORDINANCE Np.iB" DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PPORT10N OF THE FOLLOWING STREETS: 1. CARROLL LANE - GOLLIHAR ROAD TO SOUTH STAPLES STREET EAST SIDE ONLY; 2. MCARDLE ROAD - EVERHART ROAD TO DODY STREETS SOUTH SIDE ONLY; 3. NUECES BAY BOULEVARD- UPRIVER ROAD TO I.H. 37, SOUTH SIDE ONLY; 4. SONORA STREET - BLAKE STREET TO PORT AVENUES NORTH SIDE ONLY; 5. RUTH STREET - FRANCESCA STREET TO HARMON STREETS NORTH SIDE ONLY; 6. FOURTEENTH STREET - 52 FEET NORTH OF ELIZABETH STREET TO 450 FEET SOUTH OF MCKENZIE STREET, SOUTH SIDE ONLY; 7. FAIRVIEW DRIVE - UPRIVER ROAD TO FAIRFAX DRIVE, WEST SIDE ONLY; 8. BUFORD STREET - BROWNLEE BLVD. TO 10TH STREET, NORTH SIDE ONLY; 9. COMANCHE - 19TH STREET TO PORT AVENUES SOUTH SIDE ONLY; 10. COLONIAL COURT - FAIRVIEW DRIVE TO OLD ROBSTOWN ROAD, NORTH SIDE ONLY; 11. GUATEMOZIN - MORGAN STREET TO HIDALGO STREETS EAST SIDE ONLY; 12. HIDALGO - GUATEMOZIN STREET TO BALBOA S':REETj SOUTH SIDE ONLY; 13. WILLIAMS DRIVE - NILE DRIVE TO AIRLINE ROAD, NORTH SIDE y ONLY; p 14. BELTON STREET - MACARTHUR STREET TO S.H. 286, SOUTH S1DE ONLY; AND 15. HORNE ROAD - KOSTORYZ ROAD TO AYERS STREETS SOUTH SIDE ONLY, WITHIN THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS SAID STREETS WITHIN THE LIMITS ABOVE DESCRIBED TO BE IMPROVED BY THE CONSTRUCTIONS RECONSTRUC- TION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALK5, WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINES AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. DEED RECORDS VOE1258 PACE 41 ROLL 64 IMACE 807 SAID ORDINANCE FURTHER PROVIDES THAT A PORTION OF THE COST OF SAID IMPROVEMENTS 15 TO BE SPECIALLY ASSESSED AS A LIEN UPON THE PROPERTY I ABUTTING SAID STREETS ANDAS A PERSONAL LIABILITY AGAINST THE OWNERS OF SUCH ABUTTING PROPERTY, SUCH ASSESSMENTS TO BE PAYABLE TO THE CITY OF CORPUS CHRISTI. WHEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS CITY COUNCIL HAS CAUSED THIS NOTICE TO BE SIGNED BY THE CITY SECRETARY IN THE NAME OF THE CITY OF CORPUS CHRISTI AND TO HAVE THE OFFICIAL SEAL OF THE CITY OF CORPUS CHRISTI HERETO AFFIXED THIS THE 21ST DAY OF I FEBRUARY, 1967. CITY OF CO ?CH ISTI, TEXAS 1 BY (z a�' /c'�t� T. RAY KRIN , Y $E RETARY THE STATE OF TEXAS Q 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; TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 21ST DAY OF 'wj' FEBRUARY, 1965. - Y��a: � I � �'a ��pe ♦��0� y �'/'Le�a�v :Yid. ♦° u`= eF ♦e��cA �%%/iirJ G�ul.. jO. ;)';.�'� ♦y`e 0 °epQ`pP NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS N U � .. ��G�s � ♦r��QOaeo ��Q�,a °,�60 PO ��O yep °`c ♦�.1��as•� �� Y, T,1 4 ee`pGOQQ��cpeo ♦SQL -1 ev p co .' s C rD cla s .a T ® �1 LLJ �o ®EKED RECORDS � AIL VOL1258 suf 42 1� -A