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Home My WebLink About10718 ORD - 02/23/19722/22/72:e AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS (SIDEWALK UNIT VI), AS FOLLOWS: 1. Greenwood Drive, from Gavilan Street to Buenos Aires Street (northwest side only); 2. Buford Street, from Sabinas Street to Hibiscus Street (south side only); 3. Huisache Street, from Poth Lane to Erwin Avenue (southwest side only); 4. 15th Street, from Prescott Street to South Staples Street (northeast side only); 5. Waldron Road, from Belair Drive to Glenoak Drive (northwest side only); 6. Kentner Street from Glenmore Street to Palmetto Street (southwest side only); 7. Williams Drive, from Airline Road to a point approximately 175' northwest of northwest property line of Gulfway- Airline Park, Block 4, Lot 19; 8. Roosevelt Drive, from Vanderbilt Drive to Ramsey Street (northeast side only); 9. Surfside Boulevard, from Breakwater Avenue to Elm Street (southeast side only); 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: 1. Greenwood Drive, from Gavilan Street to Buenos Aires Street (northwest side only); 2. Buford Street, from Sanibas Street to Hibiscus Street (south side only); 3. Huisache Street, from Poth Lane to Erwin Avenue (southwest side only); 4. 15th Street, from Prescott Street to South Staples Street (northeast side only); 5. Waldron Road, from Bel Air Drive to Glenoak Drive (northwest side only); i 6. Kentner Street from Glenmore Street to Palmetto Street (southwest side only); 7. Williams Drive, from Airline Road to a point approximately 175' northwest of northwest property line of Gulfway- Airline Park, Block 4, Lot 19; 8. Roosevelt Drive, from Vanderbilt Drive to Ramsey Street (northeast side only); 9. Surfside Boulevard, from Breakwater Avenue to Elm Street (southeast side only); SECTION 2. That it is hereby ordered that said streets, within the limits above described, shall be improved by the construction, reconstruc- tion, 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, 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 proper- ties and the real and true owners thereof in accordance with the provisions of said Article 1105b, Vernon's Texas Civil Statutes. No assessments 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 -2- 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 assess- ment. Said payments shall be payable in monthly installments of not exceed- ing twenty -four (24) in number, said payments to be made at the City Hall in the City of Corpus Christi, 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 there- after 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 improvements. 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 assessment 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 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. -3- r 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 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 after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 32 day of 19_Z ATTEST: v ity Secre ary MAYOR THE CITY OF CORP ISTI, TEXAS APPROVED: DAY OF ,19%Z Z3 City Attorney Y CORPUS CHRISTI, TEXAS 9 alslu _DAY OF 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. O �Rj MA O THE CITY OF R S CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. '1C. J. HOWARD STARK ✓ - L[� THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: RONNIE SIZEMORE f CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. / REV. HAROLD T. BRANCH / THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK