HomeMy WebLinkAbout08917 ORD - 07/03/1968VMP:7/2/68
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NOTICE ROIL 77 IMACE1579
THE STATE OF TEXAS j
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 COUNCIL' ON THE 3RD DAY OF JULY'
1968' BY ORDINANCE N0. 17 1 7 , DETERMINED THE NECESSITY FOR AND ORDERED
THE IMPROVEMENT OF A PORTION OF UPRIVER ROAD FROM LEOPARD STREET TO 1. H.
37, WITHIN THE CITY OF CORPUS CHRISTI' NUECES COUNTY' TEXAS' SAID STREET'
WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING' GRADING'
i
FILLING' WIDENING' PAVING' REPAVING OR REPAIRING SAME AND BY THE CONSTRUC-
TION, RECONSTRUCTION' REPAIRING OR REALIGNING OF 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' 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. a
THAT ORDINANCE NO. ff ' 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 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 -1/2% 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)
UEEURECORD��IS
VOL1280 PAGE1192
ROLL 77 1MACE1580
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 INSTALL-
MENTS COMMENCING ON THE FIRST DAY OF THE NEXT SUCCEEDING
MONTH AND CONTINUING THEREAFTER ON THE FIRST 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 THEM-
SELVES OF OPTION nZn OR n3n 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 —R US RISTI
BY /
T. RAY KRING, CI SECRE RY
THE STATE OF TEXAS j
COUNTY OF NUECES X
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
URPOSES AND CONSIDERATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF
TY OF CORPUS CHRISTI, TEXAS.
�•S =GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
3RD DAY OF JULY,
NOTARY PUBLIC, NUECES COUNTY, TEXAS
�, EDNA MEADOR
DEED fly_( l)�il) � Noiory Public, in and for Nuece: County, Texas
VOL1280 enA93
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VMP:V2/68
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF UPRIVER ROAD, LEOPARD STREET 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 THE FOLLOWING STREET WITHIN THE SAID CITY
IN THE MANNER HEREIN PROVIDED, TO -WIT:
UPRIVER ROAD, LEOPARD STREET TO 1. H. 37.
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 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,
8917
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
CONSTRUCTIONS 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 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 IMPROVED, REGARDLESS OF THE WIDTH OF THE AFFECTED
STREET.
-2-
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 VPRKS.
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 THEREOF5 ,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:
1. ALL IN CASH WITHIN ZO 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. 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
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 FIRST DAY OF THE NEXT SUCCEEDING
-3-
MONTH AND CONTINUING THEREAFTER ON THE FIRST 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 '�2n 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; 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.
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,
THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY AUTHORIZED
AND DIRECTED TO PREPARE A NOTICE IN THE NAME OF SAID CLTY 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 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-
PENDED, 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 ,3 Ak DAY OF JULY, 1968.
ATTEST:
C[tY/SECRkT4RY MAY R
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF JULY, 968:
r
CITY ATTORNEY
CORPUS CHRISTI, TEXAS
_�ll . DAY OF a (/ , ry
j9 w
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.
• RESPECT LILLY,
E4 ' MAY R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON a-do �
RONNIE SIZEMORE J
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.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS