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HomeMy WebLinkAbout09204 ORD - 01/22/1969B,IW :1 /2o /6g • AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF THE FOLLOWING STREETS BE IMPROVED: 1. OSAGE, FROM CHIPPEWA TO MORGAN AVENUE; 2. HIGHLAND, FROM OSAGE TO PORT; 3. PORT AVENUE - MORGAN STREET INTERSECTION; AND THAT MISCELLANEOUS SIDEWALK IMPROVEMENTS BE MADE ON THE FOLLOWING STREETS: 1. MCMULLEN ROAD, FROM THE EAST PROPERTY LINE OF WEST OSO HIGH SCHOOL TRACT TO NAVIGATION BOULEVARD, NORTH SIDE ONLY; 2. CLIFF MAUS DRIVE, FROM THE SOUTH RIGHT OF WAY LINE OF MCMULLEN ROAD TO CULVER DRIVE, WEST SIDE ONLY; 3. NAVIGATION BOULEVARD, FROM MCMULLEN ROAD TO MOLINA DRIVE, WEST SIDE ONLY; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS 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 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: 1. OSAGE, FROM CHIPPEWA TO MORGAN AVENUE; 2. HIGHLAND, FROM OSAGE TO PORT; 3. PORT AVENUE - MORGAN STREET INTERSECTION; AND THAT THE FOLLOWING MISCELLANEOUS SIDEWALK IMPROVEMENTS BE MADE: I. MCMULLEN ROAD, FROM THE EAST PROPERTY LINE OF WEST OSO HIGH SCHOOL TRACT TO NAVIGATION BOULEVARD, NORTH SIDE ONLY; , 2. CLIFF MAUS DRIVE, FROM THE SOUTH RIGHT OF WAY LINE OF MCMULLEN ROAD TO CULVER DRIVE, WEST SIDE ONLY; 3. NAVIGATION BOULEVARD, FROM MCMULLEN ROAD TO MOLINA DRIVE, WEST SIDE ONLY. 920.4 SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS, WITHIN THE LIMITS ABOVE DESCRIBED SHALL BE IMPROVED BY RAISING GRADING FILLING WIDENING PAVING REPAVING OR REPAIRING SAME, BY THE CONSTRUCTIONS 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 STREETS OF OSAGE STREET, HIGHLAND, AND PORT AVENUE- MORGAN STREET INTERSECTION BE IMPROVED AS SHOWN ON THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER, AND TO INSTALL SIDEWALK IMPROVEMENTS ON MCMULLEN ROADS CLIFF MAUS DRIVE AND NAVIGATION BOULEVARD, WITHIN THE LIMITS DEFINED HEREINABOVE. SECTION 3. IN PROVIDING FOR AND MAKING SUCH IMPROVEMENTS, THE CITY COUNCIL HEREBY DETERMINED TO PROCEED UNDER AND IN THE EXERCISE OFD 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 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; -2- 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 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 BUSINESS SHALL BE ASSESSED THE ENTIRE COST OF DRIVE- WAYS AND SHALL BE ASSESSED EIGHTY PERCENT (80 %) OF THE COST OF IMPROVEMENTS ON ONE -HALF OF A THIRTY -FOOT (30') STREET, WHICH INCLUDES ONE FOUR -FOOT (41) WIDE SIDEWALK, CURB AND GUTTER AND THIRTEEN AND ONE -HALF (13 -1/2') 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 A SIDEWALK, CURB AND GUTTER AND ONE -HALF (112) OF THE PAVEMENT 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/i0) 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 -3- • • AND DRIVEWAYS ON THE SAID STREET WHICH ARE NOW DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS. PROVIDED, HOWEVER 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: 1. ALL IN CASH WITHIN 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE BY THE CITY) ORS Z. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALLMENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (ZO) 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 13T DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING 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 ACCEPT- ANCE BY THE CITY1 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 m2„ 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 DUE, TOGETHER WITH INTEREST ACCRUED TO THE DATE OF -4- PAYMENT; FURTHERS 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 CONTRACTORS OR ASSIGNS, THE ENTIRE AMOUNT OF THE ASSESS- MENT UPON WHICH SUCH DEFAULT IS MADE SHALL BE AND BE- COME IMMEDIATELY DUE AND PAYABLE, TOGETHER WITH REASON- ABLE 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 PRO- PERTY, 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 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 ASSESSMENT FOR STREET IMPROVEMENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESSMENTS AGAINST THE OTHER PROPERTY ABUTTING UPON SAID STREET. FURTHERy 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 AS AFORESAID WITHIN THE LIMITS HEREIN - ABOVE 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 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 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 -5- 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 AFTE S PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE .DAY OF �ii 1969• ATTEST: APPROVED: _ DAY OF , 1969: 122 CITY ATTRNEY • TO THE MEM3ERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI XAS / c DAY OF , 19 (. / 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 I T I SI NTRODUCED, 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 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: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR.I, -'� P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS; wlo THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG 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 :1/2o/69 THE THE STATE OF TEXAS j COUNTY OF NUECES IM361 N 0 T I C E "OLL 95 MR11947 KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 2214D DAY OF JANUARY, 1969, is BY ORDINANCE N0. 9201-_ DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENTS OF A PORTION OF THE FOLLOWING STREETS WITHIN THE CITY OF CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS: 1. OSAGE, FROM CHIPPEWA TO MORGAN AVENUE; 2. HIGHLAND, FROM OSAGE TO PORT; 3. PORT AVENUE - MORGAN STREET INTERSECTION; AND THE FOLLOWING MISCELLANEOUS SIDEWALK IMPROVEMENTS: 1. MCMULLEN ROAD, FROM THE EAST PROPERTY LINE OF WEST OSO HIGH SCHOOL TRACT TO NAVIGATION BOULEVARD, NORTH SIDE ONLY 2. CLIFF MAUS DRIVE, FROM THE SOUTH RIGHT OF WAY LINE OF MCMULLEN ROAD TO CULVER DRIVE, WEST SIDE ONLY; 3. NAVIGATION BOULEVARD, FROM MCMULLEN ROAD TO MOLINA DRIVE, WEST SIDE ONLY; WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SAID STREETS, 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 ADE- QUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SrEC!FICATIONS FOR SUCH IMPROVEMENTS THCREOF' AS PREPARED 13Y SAID DIRECTOR OF PUBLIC WORKS. THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS NOTICE TO BE FILED BY T. RAY KRING, CITY SECRETARY, AND T FFIGIAL SEAL OF. THE CITY TO HE HERETO AFFIXED THIS THE C DAY OF 1969• CITY OF CORPUS CHRISTI BY y CITY SE CyPETARY / °b ,ltnsoaanat�v ULLD RECORDS V04310 PACE264 � �-6 . il • THE STATE OF TEXAS I' COUNTY OF NUECES I R& 95 MU1948 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�.1. -=i DAY OF JANUARY, 1969. N A, PLTBLIC IN AND FOR NUECES COUNTY, TEXAS 61ATE OF TEXAS COUNTY OF NUECES I herby certify that this Instrument was FILED on Us 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.Tuas, as stamped hereon by me, on JAN 241969 ��irast" COUNTY CLERK, NUECES COUNTY. TEXAS I DEED RECORDS VOL1310 PACE265 1� 0 J C_ C7 r j t" no, �� c� W - �0 0 30 N A, PLTBLIC IN AND FOR NUECES COUNTY, TEXAS 61ATE OF TEXAS COUNTY OF NUECES I herby certify that this Instrument was FILED on Us 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.Tuas, as stamped hereon by me, on JAN 241969 ��irast" COUNTY CLERK, NUECES COUNTY. TEXAS I DEED RECORDS VOL1310 PACE265 1� 0 J r c