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HomeMy WebLinkAbout10632 ORD - 12/29/1971AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING'THE IMPROVEMENT OF SIDEWALK IMPROVEMENTS FOR DOWNTOWN AREA AND "CITY HALL PARKING LOT EXTENSION, TO -WIT: 1. East Shoreline Boulevard (West side only) from Laguna r Street to Cooper Street, thence from Kinney Street southward approximately 600 L.F., thence from Park Avenue southward approximately 235 L.F. 2. West Shoreline Boulevard (East•sid(I only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 640 L.F., thence from Park Avenue southward approximately 180 L.F. 3. West Shoreline Boulevard (West side only) from Cooper Street to Born Street, thence from 181 L.F. South of Born Street to Park Avenue, thence from 270 L.F. South of Park Avenue to Furman Avenue. 4. Cooper Street (South side only) from West Shoreline Boulevard westward approximately 200 L.F. to the existing sidewalk. 5. Kinney Street (North side only) from West Shoreline Boulevard to Water Street. 6. Born Street (North side only) from West Shoreline Boulevard westward approximately 36 L.F. 7. Broadway Court- (both sides) from West Shoreline Boulevard to Water Street; IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND'FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT 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 hereinafter 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: East Shoreline Boulevard (West side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approx- imately 600 L.F., thence from Park Avenue southward approxi- mately 235 L.P. 10632 2. West Shoreline Boulevard (East side only) from Laguna Street- to Cooper Street, thence from Kinney Street southward approximately 640 L.F., thence from Park Avenue southward approximately 180 L.F. 3. West Shoreline Boulevard (West side only) from Cooper Street to Born Street, thence from 181 L.F. South of Born Street to Park Avenue, thence from 270 L.F. South of Park Avenue to Furman Avenue. 4. Cooper.Street (South side only) from West Shoreline Boule- vard westward approximately 200 L.F. to the existing sidewalk. 5. Kinney Street (North side only) from [Jest Shoreline Boulevard to Water Street. 6. Born Street (North side only) from West Shoreline Boulevard westward approximately 36 L.F. 7. Broadway Court (both sides) from West Shoreline Boulevard to Water Street. SECTION 2. That it is hereby ordered that said streets, within the limits above described, shall be improved by the construction, reconstruction, repairing or realigning of concrete sidewalks where the Director of Engineering Services 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 Engineering Services. 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, 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 Engineering Services 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 THC REAL AND TRUE OWNERS THERCOF IN ACCORDANCE WITH THE PROVISIONS OF SAID ARTICLE 110513, VERNON'S TEXAS CIVIL STATUTES. NO ASSESS- MENTS SHALL BE MADE AGA114ST ANY ABUTTING PROPERTY OR THE REAL AND TRUC 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 A14D 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 A14OUNT OF THE ASSESSMENT. SAID PAYMENTS SHALL BE PAYABLC IN MONTHLY INSTALLMENTS OF 140T EXCEEDING T%IENTY -FOUR (24) IN NUMBER, SAID PAYMENTS TO BE MADE AT THE CITY HALL 114 THE CITY OF CORPUS CHRISTI NUL'CES 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 114TEREST THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM PAST DUE PRINCIPAL AND INTEREST TO DEAR INTEREST AT THE SAME RATE. PROVIDED, HOWEVER, TI4AT THE OWNERS OF ANY OF SAID PROPERTIES SHALL HAVE THE PRIVILEGE OF PAYING ALL OR ANY OF SAID e 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 DATC OF PAYMENT. THE OWNERS OF ANY OF SAID PROPERTY MAY PAY THE 'TOTAL AMOUNT ASSESSED AGAINST THEM AND THCIR PROPERTY WITHOUT INTEREST WITHIN THIRTY (30) DAYS AFTER THE C014PLCTIOIJ 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 f ' CITY OF CORPUS CHRISTI, OR ITS ASSIGNS, THE ENTIRE AMOUNT OF THE ASSESS- MENT UPON WHICH DEFAULT.IS MADE, TOGETHER WITH REASONABLE ATTORNEYS FEES AND ALL COLLECTION COST, IF INCURRED SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE. SECTION 6. ANY SECURITY, LIEN OR DOCUHENT WHICH, IN THE OPINION • OF THE CITY ATTORNEYS 15 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 ODTAINED. SECTION 7. THE CITY SECRETARY IS DIRECTED TO CAUSE TO DE 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 B. THE NEED FOR THE CONSTRUCTION OF SAID SIDEWALKS WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC 14ECCSSITY REQUIRING THE SUSPE14SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUC14 ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET114GS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AID THAT THIS ORDINANCE BE PASSED F114ALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FRO14 AND AFTER TS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1 DAY OF 19Z ATTEST: rt \ fl CITY SEC F.T r MAYOR THE CITYCF CORP U C ISTI, TEXAS APPROVED: ,LDAY 19Z/ CIX ATTORNEY CORPUS CHRISTI, TEXAS p DAY OF l �l 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. - RESPECTFULLY, I + MAYOR THE CITY OF CORPU HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE ✓ J CHARLES A. BONNIWELL Az" R08ER TO BO S�UE2, M.D. " - -- /i/�.., REV. HAROLD T. BRANCH I/- - THOMAS V. GONZALES GABE LOZANO, SR. V J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWINGIVOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL C� ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES /( • GABE LOZANO, SR. `✓ J. HOWARD STARK 1LIL7171 me y RCLL215 MACE. 8V DEEU RECORDS vu!418 PAGE780 a \ NOTICE 868183 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 29th day of December, 1971, by Ordinance No. 14, determined the necessity for and ordered the improvement of a portion of the following streets: 1. East Shoreline Boulevard (West side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 600 L.F., thence from Park Avenue southward approximately 235 L.F. -2. West Shoreline Boulevard (East side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 640 L.F., thence from Park Avenue southward approximately 180 L.F. i 3. West Shoreline Boulevard (West side only) from Cooper Street to Born Street, thence from 181 L.F. South of Born Street to Park Avenue, thence from'270 L.F. South of Park Avenue to Harman Avenue. 4. Cooper Street (South side only) from West Shoreline Boulevard west =.•+ard approximately 200 L.F. Lo the existing sidewalk. 5. Kinney Street (North side only)•from West Shoreline Boulevard to Water Street. 6. Born Street (North side only) from West Shoreline Boulevard westward approximately 36 L.F. 7. Broadway Court (Both sides) from West Shoreline Boulevard to Water Street; within the City of Corpus Christi, Nueces County, Texas, said streets, within the limits above described, to be improved by the construction, reconstruction, repairing or realigning of concrete sidewalks, where the Director of Engineering Services 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 Engineering Services. 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 • RO11215 IB�CE 8f8 �� f 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 29th 5 day of December, 1971. CITY OF CORPUS CHRISTI, TEXAS a+; R By r T. Ray Kring, it ecre ary THE STATE OF TEXAS ) COUNTY'OF'NUECES ) BEFORE ME, the undersigned authority, on this day personally appeared T. Ray Kring, 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 2 the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day ofwP­p3.rp;9'1" December, 1971. f �Q Not y blic in and for Nueces County, Texas ►z >y; • : i/7r�`°t , JOYCE K. HALE • ,• Nota7 PobHc, in and LQ& MW a i M At -; "'DEEOq RECORDS VA418, PAGE 781