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Home My WebLink About12166 ORD - 07/10/19740 JRR:vmr:7- 10 -74; 1st AN ORDINANCE AMENDING ORDINANCE NO. 12121, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 19, 1974, SO AS TO CORRECT THE DESCRIPTION OF THE STREETS TO BE IMPROVED UNDER UNIT VII OF THE SIDEWALK PROGRAM AS MORE FULLY DESCRIBED HEREINAFTER: REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 12121, passed and approved by the City Council on June 19, 1974, it was determined that there existed a necessity for improvement of certain named streets by the construction of sidewalks as more fully provided in said Ordinance No. 12121; and • WHEREAS, it has been determined that certain errors and inaccuracies were contained in said Ordinance No. 12121 as to description of boundaries of certain streets and it has been further determined that certain street improvements were inadvertently included in said construction project; and WHEREAS, it is the conclusion of the City Council that the said inaccuracies and errors should be corrected at this time: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 12121, passed and approved by the City Council on June 19, 1974, be and the same is hereby amended by correct- ing in the caption and Section 1 of said Ordinance the description of the streets to be improved under Unit VII of the Sidewalk Program as follows: 1. Clarkwood South Road, from Iris Avenue to Lot 9 blk. 10 Clarkwood Townsite, East side; 2. McArthur Street, from Belton Street to Tarlton Street, N/W side; 3. Winnebago Street, from N. Alameda to Lake Street, N/W side; 4. Churchill Drive, Whittier to Tarlton Street, S/E side; 5. 15th Street from Southern Street to South Staples, S/E side; 6. Everhart Road, from S. P/L of lot 1 Blk. 2 Alameda Estate No. 2 to N. P/L of Lot 16 Blk. 3 Alameda Estate #3, S/E side; 7. Robert Drive, from Santa Fe to Estate Drive, N/W side; 8, Robert Dr. from S. P/L of Lot 2 Blk. 1 Alameda Estate A to Delano Street, S/E side; 9. Buford Street from Brownlee Blvd. to 10th Street, South side; and 10. 15th Street, from Craig Street approximately 138.75 feet north; SECTION 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of said conflict. SECTION 3. Except as herein provided, the terms, conditions and provisions of Ordinance No. 12121 shall be and remain in full force and effect 1`1CA- SECTION 4, If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 5. The necessity to amend Ordinance No. 12121 as herein- above provided at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule 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 �Q % day of July, 1974. ATTEST: ASST Cit�ary ,ROVED: (6JJ DAY OF JULY, 1974: *W,ktf p\a' 6 !��,rCity Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas n day of 19 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez _�.9 Gabe Lozano, Sr. J. Howard Stark I)EEU t�f rrtll)J.'; 952549 CORRECTED "-gg ��ppqq��aa�� NOTICE VOI15®3 PACE 483 THE STATE OF TEXAS X 949859 RL1132� !?IAH 6V COUNTY OF NUECES X RO1L332 lYA:t1242 WHEREAS, by authority of Ordinance duly enacted by the City Council of the City of Corpus Christi on June 19, 1974, Notice was filed with the County Clerk of the intention of the said City Council to improve a portion of the following described streets, in the City of Corpus Christi, within the limits defined: 1. Clarkwood Road, from Agnes Street (Hiway 44) to Lot 9 Blk 10 Clarkwood Towasite. East side; 2. McArthur Street, from Belton St, to Tarlton Street N/W side; 3. Ruth Street from Osage to Eleanor, South Side; 4. Winnebago Street, from N. Alameda to Lake Street. N/W side; 5. Churchill Drive, Arlington to S. Staples South East side; 6. 15th Street from Southern Street to South Staples S/E side; 7. Everhart Road, from S. P/L of Lot 1 Blk 2 Alameda Estate No. 2 to N. P/L of Lot 16 Blk 3 Alameda Estate #3 S/E side; 8. Robert Drive, from Ocean Dr. to Estate Drive, N/W side; 9. Robert Dr., from S. P/L fo Lot 2 Blk 1 Alameda Estate #4 to Delano St. S/E side. 10. Williams Drive, from Rodd Field Road to E. P/L of C. C. Ind. . School Dist. N. side; 11. Buford Street, from Brownlee Blvd. to 10th Street. South side;and 12. 15th Street, from Craig Street approximately 138.75 feet.north, said Notice having been filed of record in Vol. 1497, page 900 of the Deed Records of Nueces County, Texas; and WHEREAS, it has been determined that certain errors and inaccuracies were contained in said Notice as to description of boundaries of certain streets and it has been further determined that certain street improvements were inadvert- ently included in said construction project; and WHEREAS, it is the conclusion of the City Council that the said inaccuracies and errors should be corrected at this time: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that by the passage on July 10, 1074 of Ordinance No 12166, amending Ordinance No. 12121, dated June 19, 1974, so as to correct the description of the streets to be improved, the City Council determined the necessity for and ordered the improvement of a portion of the following streets: 1. Clarkwood South Road, from Iris Avenue to Lot 9 Blk. 10 Clarkwood Towasite, East side; 2. McArthur Street, from Belton Street to Tarlton Street, N/W side; 3. Winnebago Street, from N. Alameda to Lake Street, N/W side; 4. Churchill Drive, Whittier to Tarlton Street, S/E side; 5. 15th Street from Southern Street to South Staples, S/E side; Ui_ED REWHUS VOLI& PAGE . `� • aEED RECORDS • HIL332 !1KAH1243 VOA5 a RT132J 1"WH 61g 6. Everhart Road, from S. P/L of Lot 1 Blk, 2 Alameda Estate No. 2 to N. P/L of Lot 16 Blk. 3 Alameda Estate #3, S/E side; 7. Robert Drive, from Santa Fe to Estate Drive, N/W side; 8. Robert Dr. from S. P/L of Lot 2 Blk 1 Alameda Estate -94 to Delano Street, S/E side; 9. Buford Street from Brownlee Blvd. to 10th Street, South side; and 10. 15th Street, from Craig Street approximately 138. 75 feet north; 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 and Physical Development 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 and Physical Development. 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, That the City Council, by the passage of the ordinances aforesaid, 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 thirty (30) days after completion and acceptance by the City; or, 2. Payment in monthly installments not to exceed sixty (60) in umber, the first of,which shall be payable within thirty (30) days from the completion of said improvements and their acceptance by the City of Corpus Christi, and one installment each month thereafter until paid, together with interest thereon at the rate of five and one - quarter (5- 1/47) percent, with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and accrued interest thereon. The total number of monthly installments on owner- occupied pro- perty may be extended beyond sixty (60) in number so that, at the owner's request, the total monthly payments will not exceed Ten Dollars ($10,00) per month. Any property owner against whom and against whose property an assessment has been levied may pay the whole assessment chargeable to him ULLO RECONUS vA503 PACE 489 . � � UEE[i 17ECUF�US • V04503 PAGE490 R0L32) MIKIL big R0111332 #! "U244 without interest within thirty (30) day after the acceptance and completion of said improvements. 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. Therefore, the City of Corpus Christi, Texas has caused this Notice to be filed by 8//,/ G �F/��, '45-.s1sm11r City Secretary, and .the Official seal of the City to be hereto affixed this the Aday of July, 1974. CITY OF CORPUS CHRISTI By & % r. . City secretary City of Corpus Christi, Texas THE STATE OF_TEMS X COUNTY OF NUECES „BEFORE M. the undersigned authority, on this day personally appeared /L.G6':'f$5gQ Agr.. City Secretary of the City of Corpus Christi, kno'm to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he signed the same in his capacity a�I City Secretary, for the purposes and consideration therein expressed, and as the act and deed of said City of Corpus Christi, Texas, 9 ATE OF TEXAS UNTY OF NUECES GIVEN UNDER EY HAND AND SEAL of office, this the day of July, 1974. - 1 hereby cerilfy that this Instrument was FILED an th „,r"i",... . , date and at the time stamped hereon by me; and was `'303H , •. RECORDED, In the Volume and Pete of the named RECORDS F ��:�•'� NUeces County. Texas, es at gimped hereon by me, on r kAUG 13 1974 ary blic in and for Nie ces” County X Texas COUNTY CLERX `��• BUECES COUNTY, TEM STATE OF TEXAS COUNTY OF NUECES I hereby certify that this hastrament was FILED an the date and at the time stamped hereon by me: and was dtdy - RECORDED, in the Volume and Page of the named RECORDS Nuaras County. Texas, as stamped hereon try me, on JUL 17 1974 G COUMY CLERX, [ NUECES COUNTY. TOM W G � a fib -F_F) REUORUS o\ s VOL P PAGE cal e� o d O LD C y r c � L7 952449 FILED RECORD AUG Id II 02 CUMUMMEMOMMIM uL� 0 9.t 77 a� 7� w w Fic