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HomeMy WebLinkAbout08915 ORD - 07/03/1968NOTICE 767026 ROLL 77IMACE1576 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCILS ON THE 3RD DAY OF JULY, p 1968, BY ORDINANCE NO. DETERMINED THE NECESSITY FOR AND ORDERED ' THE IMPROVEMENT OF A PORTION OF NORTH STAPLES STREET, FROM KINNEY AVENUE TO I.H. 37, WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXASI SAID STREET, WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING, WIDENINGy PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTION, RECONSTRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDE- WALKS, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS1 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 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 PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. THAT ORDINANCE NO. � b� PASSED BY THE CITY COUNCIL ON THE 3RD DAY OF JULY, 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 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, 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 60 EQUAL INSTALLMENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN 20 DAYS AFTER THE r DEED RECORDS V04280 PAGE 489 801L 77 IMCE1577 COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN 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 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 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 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 3RD DAY OF JULY, 1968. CITY 0 C RPUS ISTI _ BY T. RAY KRI G, ITY SE&RETARY THE STATE OF TEXAS COUNTY OF NUECES 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 ACKNOWL- EDGED EDGED TO ME THAT HE SIGNED THE SAME IN HIS CAPACITY AS SUCH CITY SECRETARY �osFOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND AS THE ACT AND "'o. bEED OF SAID CITY OF CORPUS CHRISTI, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 3RD DAY OF nOE "JULY, 1968. NOTARY PUBLIC, NUECES COUNTY, TEXAS DEED RECORDS EDNA MEADOR V0L1280 Rotary Public, in and for Nueces County, TexgS P��E490 JKH:7 -2 -66 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENT OF NORTH STAPLES STREET, FROM KINNEY AVENUE TO I.H. 37, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: 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 NORTH STAPLES STREET, FROM KINNEY AVENUE TO I.H. 37, WITHIN THE SAID CITY IN THE MANNER HEREIN PROVIDED. 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 A'ND 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 AND CURBS AND GUTTERS AND SIDEWALKS INSTALLED. 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, r 8915 . �ax 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 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 CONSTRUCTIONS 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 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 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 IMPROVEDI 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. -2- E. THE TOTAL COSTS TO BEASSESSED 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 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 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; OR, Z. 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. 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 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 IST 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 -3- 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 n2n OR „3" ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE, OR ALLI 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 COSTS1 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 15 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 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 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 AND THAT 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 3RD DAY OF JULY, 1968. ATTEST: Cly SECRETARY YO ' THE CITY OF CORPUS CHRISTI, TEXAS =APP ED: I DAY OF JULY, 1968: Q d ITY ATTORNEY CORPUS CHRISTI, TEXAS q DAY OF 19 V ' - 1pO 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 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, 4THMAE 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. 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. d&41 2 P. JIMENEZ, JR., M.D. /1"', / GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS