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Home My WebLink About09546 ORD - 11/12/1969AG :JKH:11 -i1 -69 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE CONSTRUC- TION OF SIDEWALKS ON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO -WIT: 1. ' ALAMEDA STREET, WEST SIDE ONLY, FROM HANCOCK TO AGNES STREET; ' Z. BROWNLEE BOULEVARD, WEST S1DE ONLY, BUFORD TO AGNES, EXCEPT LOT 18, BLOCK 15, CHAMBERLIN ADDITION; CHICO, EAST SIDE ONLY, HOWARD TO COMANCHE; HOWARD, NORTH SIDE ONLY, CHICO TO 19TH; 5. CLARK, BOTH SIDES, NORTON TO NORMANDY; 76. NORTON, SOUTH SIDE ONLY, NAPLES TO RAMSEY; O�NAPLES, NORTHWEST SIDE ONLY, SHELY TO NORTON; 8 MCARDLE ROAD, SOUTH SIDE ONLY, ROOD FIELD ROAD TO NILE DRIVE; 9. RUTH STREET, SOUTH SIDE ONLY, TWENTY - SECOND TO TWENTY - FIFTH; 10. SANTA FE, WEST SIDE ONLY, CRAIG TO MORGAN; 11. WEIL PLACE, EAST SIDE ONLY, KENWOOD DRIVE TO TEXAS- MEXICAN RAILROAD RIGHT OF WAY; 12. MCARDLE ROAD, NORTH SIDE ONLY, NESBITT TO JOHNSTON; 13. SHIRLEY DRIVE, EAST SIDE ONLY, ABUTTING WEST SIDE OF LOTS 1 AND 262 BLOCK 4, PRESCOTT PARK; m 14. KAREN DRIVE, SOUTH SIDE ONLY, ABUTTING NORTH SIDE OF LOT 1, BLOCK 5, PRESCOTT PARK;AND 15. JOHN JONES PARK; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE THEREOF; 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. ALAMEDA STREET, WEST SIDE ONLY, FROM HANCOCK TO AGNES STREET; Z. BROWNLEE BOULEVARD, WEST SIDE ONLY, BUFORD TO AGNES, EXCEPT LOT 18, BLOCK 15, CHAMBERLIN ADDITION; 3. CHICO, EAST SIDE ONLY, HOWARD TO COMANCHE; 4. HOWARD, NORTH SIDE ONLY, CHICO TO 19TH; 9546 5. CLARK, NORTON TO NORMANDY, BOTH SIDES; 6. NORTONI SOUTH SIDE ONLY NAPLES TO RAMSEY; 7. NAPLES, NORTHWEST SIDE ONLY, SHELY TO NORTON; H. MCARDLE ROADS SOUTH SIDE ONLY, ROOD FIELD ROAD TO NILE DRIVE; 9. RUTH, SOUTH SIDE ONLY, TWENTY- SECOND TO TWENTY - FIFTH; 10. SANTA FE, WEST SIDE ONLY, CRAIG TO MORGAN; 11. WEIL PLACE, EAST SIDE ONLY, KENWOOD DRIVE TO TEXAS - MEXICAN RAILROAD RIGHT OF WAY; 12. MCARDLE ROAD, NORTH SIDE ONLY, NESBITT TO JOHNSTON; 13. SHIRLEY DRIVE, EAST SIDE ONLY, ABUTTING WEST SIDE OF LOTS 1 AND 26, BLOCK 4, PRESCOTT PARK; 14. KAREN DRIVE, SOUTH SIDE ONLY, ABUTTING NORTH SIDE OF LOT 1, BLOCK 5, PRESCOTT PARK; AND 15. JOHN JONES PARK. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS, WITHIN THE LIMITS ABOVE DESCRIBED, SHALL BE IMPROVED BY THE CONSTRUCTION, RECON- STRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. 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 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 SIDEWALK IMPROVEMENTS. SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL BE PAID AS FOLLOWS, TO -WIT: (A) THE CITY SHALL REIMBURSE ITSELF FOR NOT MORE THAN 80% OF THE COST OF THE IMPROVEMENTS BY ASSESSMENT AGAINST THE RESPECTIVE ABUTTING -2- PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF IN ACCORDANCE WITH THE PROVISIONS OF SAID ARTICLE 1105B, VERNON'S TEXAS CIVIL STATUTES. NO ASSESS- MENTS SHALL BE MADE AGAINST ANY ABUTTING PROPERTY OR THE REAL AND TRUE OWNERS THEREOF FOR COSTS IN EXCESS OF THE BENEFITS TO SUCH PROPERTY IN ENHANCED VALUE THEREOF BY'MEANS OF SUCH IMPROVEMENTS. THE AMOUNTS OF SUCH ASSESSMENT SHALL CONSTITUTE A FIRST AND PRIOR LIEN UPON ALL SUCH PROPERTIES AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF, WHETHER CORRECTLY NAMED OR NOT. ASSIGNABLE CERTIFICATES IN EVIDENCE OF THE ASSESSMENTS SO LEVIED SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESSMENT. SAID PAYMENTS SHALL BE PAYABLE IN MONTHLY INSTALLMENTS OF NOT EXCEEDING TWENTY -FOUR (24) IN NUMBER, SAID PAYMENTS TO BE MADE AT THE CITY HALL IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS THE FIRST OF WHICH SHALL BE PAYABLE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF CORPUS CHRISTI AND ONE INSTALLMENT EACH MONTH THEREAFTER UNTIL PAID, WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM, PAST DUE PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE. PROVIDED, HOWEVER THAT THE OWNERS OF ANY OF SAID PROPERTIES SHALL HAVE THE PRIVILEGE OF PAYING ALL OR ANY OF SAID INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL OF SUCH INSTALLMENT TOGETHER WITH INTEREST ACCRUED THEREON DOWN TO THE DATE OF PAYMENT. THE OWNERS OF ANY OF SAID PROPERTY MAY PAY THE TOTAL AMOUNT ASSESSED AGAINST THEM AND THEIR PROPERTY WITHOUT INTEREST WITHIN THIRTY (30) DAYS AFTER THE COMPLETION AND ACCEPTANCE OF SAID IMPROVE- MENTS. IF DEFAULT BE MADE IN THE PAYMENT OF ANY OF SAID INSTALLMENTS OF PRINCIPAL OR INTEREST, PROMPTLY AS IT MATURES, THEN AT THE OPTION OF THE CITY OF CORPUS CHRISTI, OR ITS ASSIGNS, THE ENTIRE AMOUNT OF THE ASSESS- MENT UPON WHICH DEFAULT.IS MADE) TOGETHER WITH REASONABLE ATTORNEY'S FEES AND ALL COLLECTION COST, IF INCURRED, SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE. SECTION 6. ANY SECURITY LIEN OR DOCUMENT WHICH, IN THE OPINION OF THE CITY ATTORNEY, IS REASONABLY NECESSARY, IN ADDITION TO THE PAVING ASSESSMENTS AND ASSIGNABLE CERTIFICATES ABOVE MENTIONED, TO SECURE THE -3- PAYMENT OF THE PART OF THE COSTS OF THE IMPROVEMENTS ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, SHALL BE OBTAINED. SECTION 7. THE CITY SECRETARY IS DIRECTED TO CAUSE TO BE PRE- PARED A NOTICE OF THE ENACTMENT OF THIS ORDINANCE AND FILE SAID NOTICE WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE OR DEED OF TRUST RECORDS OF SAID COUNTY. SECTION 8. THE NEED FOR THE CONSTRUCTION OF SAID SIDEWALKS WITHOUT DELAY 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 ORDI- NANCE 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 ANJTHAT 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 1a,tk) DAY OF NOVEMBER, 1969. ATTEST: Y o SECRETARY e 0 APPROV : ,.DAY OF NOVEMBER, 1969: - A) - 40. CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas /-�&day of 19 6,7 TO THE MEMBERS OF TILE 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, &Oj)��j O </FY6R THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon a_u Gabe Lozano, Sr. V. A. "Dick "Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Wrangler" Roberts Ronnie Sizemore Y: 801=2 IKACE1935 NOTICE 801855 THE STATE OF TEXAS d 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.ZA2!�_DAY OF NOVEMBER, 1969, BY ORDINANCE NO.l41 DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: 1. ALAMEDA STREET, WEST SIDE ONLY, FROM HANCOCK TO AGNES STREET; 2. BROWNLEE BOULEVARDS WEST SIDE ONLY, BUFORD TO AGNES, EXCEPT LOT 18, BLOCK 15,CHAMBERLIN ADDITION; CHICO, EAST SIDE ONLY, HOWARD TO COMANCHE; HOWARD, NORTH SIDE ONLY, CHICO TO 19TH; 5. CLARK, NORTON TO NORMANDY, BOTH SIDES; 6. NORTON, SOUTH SIDE ONLY, NAPLES TO RAMSEY; 7. NAPLES, NORTHWEST SIDE ONLY, SHELY TO NORTON; MCARDLE ROADS SOUTH SIDE ONLY, ROOD FIELD ROAD TO NILE DRIVE; 9. RUTH, SOUTH SIDE ONLY, TWENTY - SECOND TO TWENTY - FIFTH; 10. SANTA FE, WEST SIDE ONLY, CRAIG TO MORGAN; 11. WEIL PLACE, EAST SIDE ONLY, KENWOOD DRIVE TO TEXAS - MEXICAN RAILROAD RIGHT OF WAY; 12. MCARDLE ROAD, NORTH SIDE ONLY, NESBITT TO .JOHNSTON; 13. SHIRLEY DRIVE, EAST SIDE ONLY, ABUTTING WEST SIDE OF 1� LOTS 1 AND 26, BLOCK`11••,PRESCOTT PARK; A. KAREN DRIVE, SOUTH SIDE ONLY, ABUTTING NORTH SIDE OF LOT 1,BLOCK 5, PRESCOTT PARK; AND 15. JOHN .JONES PARK, WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID STREETS, WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY THE CONSTRUCTION, RECONSTRUC- TION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. SAID ORDINANCE FURTHER PROVIDES THAT A PORTION OF THE COST OF SAID IMPROVEMENTS IS TO BE SPECIALLY ASSESSED AS A LIEN UPON THE PROPERTY ABUTTING SAID STREETS AND AS A PERSONAL LIABILITY AGAINST THE OWNERS OF SUCH ABUTTING PROPERTY, SUCH ASSESSMENTS TO BE PAYABLE TO THE CITY OF CORPUS CHRISTI. WHEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS ACTING BY AND THROUGH ITS CITY COUNCIL HAS CAUSED THIS NOTICE TO BE SIGNED BY THE DEED RCCORDS VOL1354 'PACE143 --4. RRIL122 IM U936 ASSISTANT CITY SECRETARY IN THE NAME OF THE CITY OF CORPUS CHRISTI AND TO HAVE THE OFFICIAL SEAL OF THE CITY OF CORPUS CHRISTI HERETO AFFIXED THIS THE /�/ DAY OF NOVEMBER, 1969. CITY OF CORPUS CHRISTI, TEXAS B BjW—G. READ, ASSISTANT C TY SECRE Y THE STATE OF TEXAS Q COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED BILL G. READ, ASSISTANT CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE A& OF .. NOVEMBER, 1969. = .. .. ?..... ,X03nr� ='0., e �}' ;�;��FF f' • �' NOT Rae I N AND FOR NUECES; COUNT ��1 •��/ TEXAS �� r t Arr V JOYCE K. HALE `[1�_. Notary Pub" in and for Nucces Cowry, Taxs• COrff OR4TY' 1 \ STATE OF IEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED on tn• date and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the npmed RECORD of Nueces County,Texas, as stamped hereon by'me, on NOV 18 1969 8�'SY•�C s 1 ai • �•c COUNTY CIERX, / NUECES COUNTY, TEXAS Q a CC c:1 a W IL o Ch DEED RECORD LL. o VOL1354 PACE144 ,.t 0