Loading...
HomeMy WebLinkAbout09174 ORD - 12/30/1968BjW:12/30/68 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF OCEAN DRIVE, FROM AIRLINE ROAD, TO ALAMEDA, BE IMPROVED; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFI- CATIONS FOR THE PROPOSED IMPROVEMENTS; 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: A PORTION OF OCEAN DRIVE, FROM AIRLINE ROAD TO ALAMEDA. SECTION 2. THAT IS 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 9174 INCIDENTALS AAD APPURTENANCES AS 9ROWN ON TitE PLAl.S AND SPECIFICATIONS FOR SUCH IMPROVEMENTS Gi•d FILE IN THE OFFICE OF THE CITY ENOINEER. SECTIUrJ 3. IN PROVIDING FOR AND PIAKINl SUCH IMPROVEMENTS, THE CITY COUNCIL HEREBY DETERMINED TO PROCEED UNDER, AND IN THE EXERCISE OF, THE POWERS, TERMS AND PROVISIONS OF THE CEARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AS SET OUT IN ARTICLE 110�D, REVISED CIVIL STATUTUES OF TEXAS, 1925, AS AMENDED, SECTION 4. TIN: 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 — tit Ei.TS COVERING THE TYPE OF PA'JE�AEHT, SIDEWALKS, CURBS, GUTTCRS AND DRIVE- WAYS AND OTHER INCIDENTALS A:ID APPURTEIiANCES HEREINADOVE SET FORTH. SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL DE APPORTIONED JETWEEN THE CITY OF CORPUS CHRISTI AND THE OWNERS OF PROPLRT'( ABUTTJN; THE 1K1ROVEMENTS. ALL A5SCSStdE1lTS AGAINST ABUTTIN3 PROPERTY SHALL GE DASED ON APPLYING THE UNIT PRICES OBTAINED BY BIDS AND CALCULATING THE QUANTITIES FOR THE IMPROVEMENTS AbUTTIH: THE PROPERTY. PARTICIPATION IN THE COST OF THE IMPROVEMENTS SHALL UE BASED ON THE FOLLOWIN;a FORMULA OR PLANS A. THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COSTS OF CONSTRUCTION, RECONSTRUCT 1014, 0.1 REPAIR OF THE CURDS, GUTTERS, SIDEWALKS AND DRIVEWAYS WITHIN THE INTERSECTION OF SAID STREET WITH OTHER STREETS 0.N0 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 C05T 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 2014ED FOR ONE OR TWO - FAMILY DWELLING UHIYS AND NOT USED FOR BUSINESS SHALL BE ASSESSED THE ENTIRE COST OF DRIVEWAYS —2— AND SHALL CE ASSESSED EIGHTY PERCENT (&D :;) OF THE COST OF IMPROVEMENTS ON ONE -HALF OF A THIRTY —FOOT (301) STREET, WHICH INCLUDES ONE FOUR —FOOT (0) wi nE SIDEWALK, CURS AND ::UTTER A-,-iD THIRTEEN AHD Oii E -IIALF (13 -1/21) FEET OF PAVE[dEUT Wi DTH ADUTTIIi„ THE PROPERTY. C. CIWNERS OF PROPERTY ZONED OR USED OTHER TNAII °R -1 OR "P -2 ", OR FOR CHURCH PUCPOSES, AUUTT114G 0:1 EACH SIDE OF THE ST:TEET SHALL BE ASSESSED TIIE ENTIRC COST OF THE DRIVEWAYS AND SHALL BE ASSESSED EIGHTY PERCENT (") OF T:iE COST OF THEIR. ONE —HALF (1/2) OF THE STREET IMPROVEI)m WHICH SHALL BE ONE FIVE -FOOT (59 WIDE SIDE — WALK, CURB AND ;UTTER AND 0:4E—HALF (112) OF THE PAVE° MEMT WIDTH ABUTTING THE PROPERTY. D. THE TOTAL COSTS TO BE ASSESSED AGAINST ANTD PAID GY ABUTTIN.: PROPERTY, AND THE REAL A.iD TRUE OthIERS THEREOF, SHALL HOT IN ANY CASE EXCEED NIUC— TEI:TIIS ()f1J) GF 71-IE TOTAL COST OF SAID It- iPROVEMENTS� INCLUSIVE OF THE COST OF CURLS, GUTTFRSI SIDEWALKS AND DRIVEWAYS. HOWEVCR,1 NO ASSESSINE;4T SHALL HE MADE FOR SIDEWALKS9 CURBS] GUTTERS AND DRIVEWAYS Oil THE SAID STREET miltll ARE HOW DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS. PROVIDED HOWEVER, THERE SHALL DE NO ASSCSSaMIT FOR SIDEWALKS ON THE EAST SIDE OF THE STREET OLIN-3 IMPROVED HEREBY. SECTION 6. THE AI-SOUIIT PAYABLE UY THE AUUTTIN3 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 SAIL) ABUT- TING PROPERTY IN ONE OF TIIE FOLLOWIN:1 METHODS AT THE OPTION OF THE PROPERTY OWNER: °3- I, '' 6 • �. ALL IN CASH WITHIN 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE BY THE CITY; OR, 2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE .COMPLETION OF SAID WORK AIJD ITS ACCEPTANCE BY THE CITY, AND TWENTY PERCENT (2(Y) 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 SIATY (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 COI•IMENCING 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 AIJD ACCEP- TANCE BY THE CITY, UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCE14T(6- I/2)FM 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] FURTHER, THAT IF DEFAULT BE MADE IIJ PAYMENT OF ANY OF SAID INSTALLMENTS OF PRIRCIPAL 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 ZECO14C IMMEDIATELY DUE AND PAYABLE, TOGETHER WITII RCAF,ONADLE: ATTORLIEY"S FEES AJD COLLECTION COSTS, IF INCURRCDj HOVEVERt IT IS SPECIFf CALLY STIPULATED AND PROVIDED THAT NO ASSESSWL ^dT SHALL IN ANY CASE DE MADE AGAINST ANY PROPERTY, OR THE REAL AND TRUE 014NEPS THEREOF Ito CXCESS OF THE SPECIAL B%NEFITS TO ACCRUE TO SUCH PROPERTY iN THE ENNA:CZD VALUE THEREOF, RESULTIN3 FROFI SAID ItiPROVEMENTS. SECTION 7. IT IS FURTHER PROVIDED THAT AS IS STIPULATED BY THE Pr,_OVISIONS OF SAID CHARTER AND LAWS ABOVE IDENTIFIED, SAID L' -0PROVEME:FITS HAY UZ O' -tI TTEO IN FRONT OF AIIY PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSESS-• ME117 FOR STREET INPROVEN EATS WITHOUT IHVALIDATINLi OR AFFCCTItIG 711£ ASSESS - !;£:i75 AGAI-'aST THE OTHER Pr?GPEPITY ABUTTING UPON SAID STREET. FURTHER, THE CITY SLCRETARY OF THE CITY OF CQi,PUS CHRISTI, TCXASj IS HEREBY AUTHORIZED A;10 DIftLCTL "D TO PREPARE A NOTICC IN THE NAHE OF SAID CITY OF TIIC ACTION TAir Era HZ7EIt -1 A:7D TO HAVE SAIIF FILED BY THE COUNTY CI—ER:: OF lljzCLS CCUuTY' TE AS, A;AOJFI3 THE HOPTGAJE RECO7D5 OF SAID COUNTY. SECTION 3. THC FACT THAT THERE 15 BADLY NEEDED AT Tft15 TINE PE,;bIANENT STPECT IHPROVEt9Ewrz ON OCEAN DRIVE' WITHIN 7i:E LIMITS HCRCINA'dOVE O%_FINEDy AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREET 75 DANGEROUS TO TOE HEALTH AND PUFaLIC WELFARE OF THE INHABI - TANTS OF THE CITY OF CORPUS CHRI'ST1, DUE TO THE CONDITIONS A74D INCREASE OF '.'RAFFIC ALONG SAID PORTION OF SAID STREET, CREATES A PUBLIC EMERGENCY At1D INFIERATIVE PUBLIC HECCSSITY REQUIRING THE SUSPLNSIOed OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY Cil THE DATE OF ITS INTF.ODUCTICIi AND THAT SUCH ORDINANCE OR RESOLUTIOII SHALL BE READ AT TFIRLE SEVERAL dICLTIHCdS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMM.ENCY AND NECESSITY EXISTS HAVING REQUESTED THAT SUCH CHA .JTCR RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF to —5— • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI TEXAS 190 ti-) DAY OF J%.k XiPrl.�j j 9�P O 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 COUNCILS I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCEDi 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: JACK R. BLACKMON ct,_ RONNIE SIZEMORE i 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 J V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROB ERTS 0 '779607 - - N 0 T I C E ROLL 93 IMACE1343 THE STATE OF TEXAS p COUNTY OF NUECES Il KNOW ALL NEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, TEXAS..ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 30TH DAY OF DECEMBER 1968, BY ORDINANCE N0. / / ETERMINED 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 AIRLINE ROAD TO ALAMEDA, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI TEXASp SAID STREET WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILL- ING, WIDENINGp PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTIONS _ 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 LINES AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, IF-ANY, TOGETHER WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTENANCES ALL AS DEEMED ADE- QUATE 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 N0, ff / L/ PASSED BY THE CITY COUNCIL ON THE 30TH DAY OF DECEMBER, 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 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 2010 RESPECTIVELY ON OR BEFORE ONE YEARS TWO YEARS THREE YEARS AND FOUR YEARS DEED RECORDS vai13006 PACE450 s MOLL 93 IMACE1344 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 ORS 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (6O) EQUAL INSTALLMENTS 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) EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUOUS THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS 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 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 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. -2- DEED RECORDS VOL1306 PAGE451 il ROLL 93 18ACE 1345 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 30TH DAY OF DECEMBER, 1968. CITY OF CORPUS CHRISTI BY t CITY SEC TORY THE STATE OF TEXAS COUNTY OF NUECES BEFORE NE, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 30TH DAY OF DECEMBER, 1968. NOTARY PUBLIC IN AND FOR NUECES COUNTY "La TEXAS STATE OF TEXAS COUNTY OF NUECES I hereby wrtiTy 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 at Nueus County, Texas, as stamped hereon by me, on � DEC 311968 ���eqs' COUNTY CLERK, NUECES COUNTY, TEXAS 4� �;U �d v �.srP U, 00 7 0 to C" l � O Ii IL 0 U u.l IL 0� o .a 0 J F• 1� a DEED RECORDS ate... VDL1305 PADE452 4� �;U �d v