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HomeMy WebLinkAbout08984 ORD - 08/21/1968• i '770470 N O T I C E ROIL 82 186 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 COUNCIL ON THE / DAY OF AUGUST 1968, BY ORDINANCE NO. 0 9 O DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENTS OF A PORTION OF THE STREET WITHIN THE CITY OF CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS: - A PORTION OF OCEAN DRIVE FROM HEWIT DRIVE TO AIRLINE ROAD, we WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SAID STREET WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING GRADING, FILL- ING, WIDENING PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTION RECONSTRUCTION, REPAIRING OR REALIGNING CONCRETE SIDEWALKS CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDE- WALKS, 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 SPECI- FICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. JTHAT ORDINANCE NO. PASSED BY THE CITY COUNCIL ON THE p` / DAY OF AUGUST, 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: t. ALL IN CASH WITHIN 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE BY THE CITY; ORS 2. TWENTY PERCENT (20%) CASH WITHIN 20 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 .k DEED RECORDS VOL1288 PAGE259 . m RD((. 82 imcE 187 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 5% PER ANNUM; ORS 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALLMENTS 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 IN FIFTY -NINE (59) EQUAL CONSECUTIVE MONTHLY INSTALL- MENTS COMMENCING ON THE IST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUOUS 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 CITY UNTIL PAID, AT THE RATE OF FIVE (5) PERCENT PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR 'T' ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONES 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 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. f DEED RECORDS r VOL1288 PAGE260 ROIL 82 MAN 188 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 9 � DAY OF AUGUST, 1968. THE STATE OF TEXAS Z COUNTY OF NUECES Z CITY OF CORPUS CHRISTI BY 1CITY S'CR ARY 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 CITY OF CORPUS CHRISTI, TEXAS. �•,::••••' f GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE oza DAY OF AUGUSTS ,968. •{� • `:,finr, i.r!\ °,' NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS STATE OF TEXAS EDNA MEADOR COUNTY OF NUECES Rlolary Public, in and for Nueces County, Texas I hereby certify that this Instrument was FILED on the date and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the named RECORDS of Nueces County, Texas, as stamped hereon by me, on AUG 221968 et Y CLERK, NUECJJ 9OUNTY,TEXAS \ g o � T. 01 U V W Al o a M Q T�i N, Q Et! Lei J F it LL Q � m \ D EED RECORDS VOL1288 PACE261 p 8- 19- 68:FMB AN ORDINANCEA• DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF OCEAN DRIVE, FROM HEWIT DRIVE TO AIRLINE ROAD, BE IMPROVED; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARCAND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSEDJIMPROVEMENTS; 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 CITYI 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: A PORTION OF OCEAN DRIVE, FROM HEWIT DRIVE TO AIRLINE ROAD. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREET, WITHIN THE LIMITS 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 AS FOLLOWS: OCEAN DRIVE, WITHIN THE LIMITS HEREINABOVE DEFINED, IS TO BE IMPROVED WITH THE CONSTRUCTION OF PAVEMENT, SIDEWALKS, CURBS, GUTTERS, INLETS AND DRIVEWAYS AND SUCH OTHER li INCIDENTALS AND APPURTENANCES AS 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 OUAT IN ARTICLE 11058, REVISED CIVIL STATUTUES 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 APPORTIONED BETWEEN THE CITY OF CORPUS CHRISTI AND THE OWNERS OF PROPERTY ABUTTING THE IMPROVEMENTS. ALL ASSESSMENTS AGAINST ABUTTING PROPERTY SHALL BE BASED ON APPLYING THE UNIT PRICES OBTAINED BY BIDS AND CALCULATING THE QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. PARTICIPATION IN THE COST OF THE IMPROVEMENTS SHALL BE BASED ON THE FOLLOWING FORMULA OR PLAN: A. THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COSTS OF CONSTRUCTION, 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 THERETO, 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 f BUSINESS SHALL BE ASSESSED THE ENTIRE COST OF DRIVEWAYS -2- AND SHALL BE ASSESSED EIGHTY PERCENT (w%) OF THE COST OF IMPROVEMENTS ON ONE -HALF OF A THIRTY -FOOT (30') ,STREETS WHICH INCLUDES ONE FOUR -FOOT (41) WIDE SIDEWALK, CURB AND GUTTER AND THIRTEEN AND ONE -HALF (13 -1/21) FEET,OF PAVEMENT WIDTH ABUTTING THE PROPERTY. C. OWNERS OF PROPERTY ZONED OR USED OTHER THAN °R -1" OR °R -2", OR FOR CHURCH PURPOSES ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED THE ENTIRE COST OF THE DRIVEWAYS AND SHALL BE ASSESSED EIGHTY PERCENT (80%) OF THE COST OF THEIR ONE -HALF (1/2) OF THE STREET IMPROVED WHICH SHALL BE ONE FIVE -FOOT (51) WIDE SIDE- WALK, CURB AND GUTTER AND ONE -HALF (1/2) OF THE PAVE- MENT WIDTH ABUTTING THE PROPERTY. D. 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 (9/10) OF THE TOTAL COST OF SAID IMPROVEMENTS INCLUSIVE OF THE COST OF CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS. HOWEVER, NO ASSESSMENT SHALL BE MADE FOR SIDEWALKS CURBS, GUTTERS AND DRIVEWAYS ON THE SAID STREET WHICH ARE NOW DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS. PROVIDED HOWEVERi THERE SHALL BE NO ASSESSMENT FOR SIDEWALKS ON THE EAST SIDE OF THE STREET BEING IMPROVED HEREBY. 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 ABUT- TING PROPERTY IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: -3- 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 COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND TWENTY PERCENT (20%) RESPECTIVELY ON OR BEFORE ONE YEARS 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 5% PER ANNUM; ORS 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALLMENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVE- MENTS, AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) OR LESS EQUAL CONSECUTIVE MONTHLY INSTALLMENTS 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 INTEREST FROM THE DATE OF SAID COMPLETION AND ACCEP- TANCE BY THE CITY) UNTIL PAID, AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION 11211 OR 'T' ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONEj 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; 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 ASSESS- MENT UPON WHICH SUCH DEFAULT IS MADE SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE TOGETHER WITH -4- 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 THEREOFl RESULTING FROM SAID IMPROVEMENTS. SECTION 7. IT IS FURTHER PROVIDED THAT AS IS STIPULATED BY THE PROVISIONS OF SAID CHARTER AND LAWS ABOVE IDENTIFIED, SAID IMPROVEMENTS MAY BE OMITTED IN FRONT OF ANY PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSESS- MENT FOR STREET IMPROVEMENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESS- MENTS 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, AMOUNG THE MORTGAGE RECORDS OF SAID COUNTY. SECTION H. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME PERMANENT STREET IMPROVEMENTS ON OCEAN DRIVE, WITHIN THE LIMITS HEREINABOVE DEFINED, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREET IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABI- TANTS 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 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, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF -5- ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE _- DAY OF AUGUST, 1968, ATTEST: A5 -J CITY SECRETARY Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: �I DAY OF AUGUST, 1968: r � CITY ATTORNEY t° CORPUS CHRISTI, AS ��DAY OF 19 4�,d' (y 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 11 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: .TACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. - P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN McDAN1EL 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