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HomeMy WebLinkAbout02022 ORD - 01/14/1947AN ORDINANCE No. x o a au AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE 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 SPECI- FICATIONS FOR THE PROPOSED IMPROVEMENTS AS PREPARED BY DIRECTOR OF PUBLIC WORKS; PROVIDING HOOP SUCH IM- PROVEMENTS SHALL BE MADE; PROVIDING HOW SAID IMPROVE- MENTS SHALL BE PAID FOR; AND DECLARING AN EMERGENCY," AND BEING ORDINANCE NO. 2016, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON THE 7TH DAY OF JANUARY, 1947, BY MAKING CERTAIN CHANGES IN PARAGRAPH (C) OF SECTION 5 THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi by ordinance of date January 7, 1947, passed and approved an ordinance determining the necessity for and ordering that certain streets named in the caption hereof be improved, approving the plans and specifications for the proposed improvements, providing how such improvements shall be made, and providing how said improvements shall be paid for; and WHEREAS, it is deemed by the City Council necessary to make an amendment to Paragraph (C) of Section 5 of said ordinance in order that it might be more effective and practical insofar as the general public's welfare is concerned: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TM(A5: SECTION 1. That Ordinance No. 2016, passed and approved by the City Council of the City of Corpus Christi on the 7th day of January, 1947, and recorded in Volume 15, Page 245, of the Ordinance and Resolution Records of the City of Corpus Christi, and entitled: "AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT FORMAN 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 IM- PROVEMENTS AS PREPARED BY DIRECTOR OF PUBLIC WOKS; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE MADE; PRO- VIDING HOW SAID IMPROVEMENTS SHALL BE PAID FOR; AND DECLARING AN EMERGENCY," be amended as follows, towit: That Paragraph (C) of Section 1 of said ordinance be amended to read hereafter as follows, towits n(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, and 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 (910) 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 con- stitute 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, towita The amounts of said assessments shall be payable in five (5) equal annual installments, the first of which shall be due and payable twenty (20) days after the date said improvements are completed and accepted by the said City Council, and the remaining four (4) installments to be due and payable, respec- tively, one (1), two (2), three (3) and four (4) years from and after the date of such acceptance and bearing interest at the rate of five per oent (5J.) per annum, payable annually; provided, however, that the owners of said property shall have the privi- lege of paying any one of, 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 some 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 pro- vided 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 en- hanced value thereof resulting from said improvements." SECTICN 2. The fact that it is to the great and beneficial interest of the citizens of the City of Corpus Christi that said assess- ments shall be payable in five (5) equal annual installments rather than in ten (10) equal annual installments creates a public emergency and im- perative 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 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 having 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 14th day of Jenuary, A. D., 1947• 6� y L4,_ MA.YQH City of Corpus Christi, Texas City Secretary APPROVED AS TO LEG:L;VZ41 F �IL2� City Attorney Corpus Christi, Texas January 14y 19117 TO THE MEMBERS 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. Raspeotfully, Y /". Y R 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 V� The above ordinance was passed by the ollowing vote: Robert T. Wilson Wesley E. Seale John A. Ferris George R. Clark, Jr. �= Ray R. Henry V�