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Home My WebLink About02016 ORD - 01/07/1947AN ORDINANCE NO -X O 1(o DETERMINING THE NECESSITY FOR AND ORDERING THAT FURMAN STREET, BROADWAY COURT, TWIGG STREET, PALO ALTO STREET, DAN REID STREET, AND MANN STREET, EACH OF WHICH STREETS EXTENDS FROM THE EAST PROPERTY LINE OF WATER STREET TO THE WEST PROPERTY LINE OF SHORELINE BOULEVARD,BE IMPROVED; APPROVING THE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS AS PREPARED BY DIRECTOR OF PUBLIC WORKS; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE MADE; PROVIDING HOP SAID IMPROVEMENTS SHALL BE PAID FOR; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas, desires to improve certain streets within the City of Corpus Christi, Texas, towits Furman Street, Broadway Court, Twigg Street, Palo Alto Street, Dan Reid Street, Mann Street, all of which streets extend from the east property line of Water Street to the west property line of Shoreline Boulevard within the city limits of the City of Corpus Christi, Texas, and has determined the necessity for the improvement of said streets in the meaner herein provided; NONE, 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 said City in the manner herein provided towity Furman Street, Broadway Court, Twigg Street, Palo Alto Street, Dan Reid Street, Mann Street, all of which streets extend from the east property line of Water Street to the west property line of Shoreline Boulevard within the city limits of the City of Corpus Christi, Texas. 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, and by the construction, reconstruction, repairing, or re- aligning concrete curbs and gutters where the Director of Public Works determines adequate curbs and gutters C�ni6 are not now installed on proper grade and line, together with all other necessary incidentals and appurtenances, all as deemed adequate by the Director of Public Works and as provided for in the plans and specifioa- tions for such improvements to be prepared by said Director of Public Works; said paving to consist of the construction, reconstruction, or repair, of a hot rook asphaltic concrete base course, and the construction thereon of a substantial wearing surface of a one and one -half inch (1j') asphaltic surface course. SECTICK 3- In providing for and making such improvements, the City Council hereby determines to proceed under, and in the exercise of, the powers, terms, and provisions of Section 6 of Article 2 of the Charter of the City of Corpus Christi, Texas, and as set out in the Acts of the First - Called Session of the 40th Legislature of the State of Taxes (1927) Chapter 106, said Act being commonly known as Article 1105 -b, Revised Civil Statutes of Texas, 1925, as amended. SECTION 4. The Director of Public Works for the City of Corpus Christi, Texas, has prepared complete plans and specifications for such proposed improvements covering the type of pavement, curbs and gutters, and other incidentals and appurtenances hereinabove set forth and has this day filed same with the Council, and said Council having accepted same, does hereby determine said plans and specifications to be adequate and they are hereby approved. SECTION 5. The cost of said improvements shall be paid as follows: (A) The cost of constructing, reconstructing, or repairing said improvements within the area between and under rails, tracks, double tracks, turn -outs, and switches, and two (2) feet on each side thereof, of any railway, street railway, or interurban, using, occupying, or crossing such street or portion thereof hereby ordered improved, shall be paid by the respective owners thereof and assessed against such railway, street railway, or interurban, and its roadbed, ties, rails, fixtures, rights and franchises, and the real -2- and true owners thereof, in the manner provided by the terms of the City Charter of the City of Corpus Christi, Texas, and by said Acts of the 40th Legislature of the State of Texas (1927) above identified. (B) The City of Corpus Christi shall pay the whole costs of construction, reconstruction, or repair of the curbs, within the intersections of said street with other streets and alleys, and shall pay not less than one -tenth (110) of the total remaining cost of said improvements exclusive of the cost of the curbs in front of the respective properties abutting upon said street. (C) The property abutting upon said streets within the limits above defined, and the real and true owners thereof, shall be assessed and pay for the total cost of constructing, reconstructing, or repairing, as the case may be, of curbs in front of their respective properties,(aud shall pay all the remaining costs of said improvements; \exclusive of the amount thereof herein specified to be paid by any railway, street railway, or interurban, as set out in Subsection (A) above, and by the City of Corpus Christi as set out in Subsection (B) above, and inclusive of the costs of all incidentals and appurtenances. However, such remaining costs to be assessed against and paid by abutting property and the owners thereof shall not in any case exceed nine - tenths (9/lo) of the total cost of said improvements, exclusive of the cost of curbs. The amounts 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 abutting property and a personal liability of the real and true owners thereof,, and shall be payable as follows, towit: The amounts of said assessments shall be payable in ten (10) equal annual installments, the first of which shall be due -3- and payable twenty (20) days after the date said improvements are completed and accepted by the said City Council, and the remaining nine (9) installments to be due and payable, re- spectively, one (1), two (2), three (3), four (la), five (5), six (6), seven (7), eight (8), and nine (9) years from and after the date of such aoceptanoe and bearing interest at the rate of five per cent (5 %) per annum, payable annually; provided, however, that the owners of said property shall have the privi- lege of paying any one o£, 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 payment; further, that if default be made in payment of any said installments of principal or interest, promptly as same matures, then at the option of the contractor, or assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and payable, to- gether with reasonable attorney's fees and collection costs, if incurred; however, it is specifically stipulated and provided that no assessment shall in any case be made against any property 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 6. It is further provided as is stipulated by the provision of said Charter and laws above identified, that said improve- ments 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 streets. Further, the City Secretary of the City of Corpus Christi, Texas, is hereby authorised and directed to prepare a notice in the name of said City of the action taken herein and to have some filed by the County Clerk of Nueces County, Texas, among the Mortgage Records of said County. �F- SECTION %: The fact that there have been no permanent street improvements on said streets within the limits above described and the further fact that the present condition of sgid streets is dangerous to the health and public welfare of the inhabitants of the City of Corpus Christi, due to the condition and increase of traffic along said streets create a public emergency and an imperative public necessity, requiring the suspension of the Charter rule, that no ordinance or resolution be passed finally on the date of its intro - duotion, and that said ordinance shall be read at three several meetings of the City Council, and the Mayor having declared, in writing, that such emergency and imperative public necessity exist, and requested that said Charter rule be suspended and that this ordinance be passed finally on the date of its introduction, and that this ordinance take effect and be in full force and effect from and after its passage, IT IS, ACCORDINGLY, SO ORDAINED. PASSED AND APPROVED this 7th day of January, A. D. 1947. City of Corpus Christi, Texas ATTEST: city secretary / APPROVED AS TO LEGAL FORM: ty Attorney Corpus Christi, Texas January 7, 1947 TO THE MWBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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 several meetings of the City Council; I, therefore, hereby request that you suspend such Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr. Ray R. Henry R — The above ordinance was passed by the following vote; Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr. ( �) Ray R. Henry "?o /6