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�