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Home My WebLink About02379 ORD - 09/21/1948AN ORDIlOCE DETMMrD ?G THE NECESSITY FOR AM ORD=,G THAT , THAT PORTION OF ALUMA SMMT FR01.: THE SOUTH PROPM—.Y LIN- OF CLIFFORD STPL't°T TO THE NORTH PROPLR'TY LIES OF LOUISIANA AVMM AiiD THAT FOR - TI011 OF TARLETON STPZa FEW M iCk ST PROPERTY LI1'M OF AYERS STREET TO M EAST PROPERTY LINE OF PIMA PARE BE I'aROTIED; APID REQLIRMG THE DIRECTOR OF PUBLIC WOM TO PREPM AND FILE PLANS AND SPECIFICATIONS FOR TIT. PROPOSED I1.- PRGPELrr3ST5; nEO,ULRI:IGTEE CITY SECRETARY TO FILE A MTICE IN T.3E OFFICE OF TEE: C0L::17 CLUP.E OF NLECES COU14-71' OF TLZ 1 CTIO17 7AI437 =TZ; PROVIDIIIC H04 JUGH 11-MM5, ZITTS SHALL BE PAID; Ai:D DIMA?. M All MEMEITCY. TPEEREAS, the City Council of the City ol Corpus Clu^isti, Te =as, I as detor-L—d the necessity for. and has decided to improve Alameda Street from the south property line of Clifford Stroet to the north property line of Louisiana Avenue and Tarleton Street from the crest property line of Ayers Street to the east property liar, of Pineda Park in the manner heroin provided. I'M, THF"IEFO?E, DE IT ORWJ:= Bi TEA'. CITY C0JTOIL Or TR CITY OF CORPUS CHRISTI, TEAS: SECTION 1. That thorn arists a public heee6aity tor, and the City Council of the City of Corpus Christi, To;rns, does hereby determtae that it is necessary to improve the following streets within the said City in the manner herein provided, to -wit: Alameda Strout trom the south property line of Clifford Street to the north property line of Louisiana Avenue. Tarleton Street from the west property line of Ayers Street to the oast property line of Pinoda Park. SECTION 2. That it is hereby ordered that said streets within the limits above described shall be improved by raising, grading, filliag, widening, paving, repaving, or repairing same, by the construction, re- 31C1;ourb_^e, construction, rape.3xio.R, or re- elioin5 oonorato /curbs and Gutters inhere side;ral_s, the Director of Publio Yorke determines adequate /ourbs and gutters are not now installed on proper grade end line, and by constructing such storm sewers and drains, together with all other necessary* incidentals and appurtenances, all as doomed adequate by the Director of Publio ;forks and as provided for in the plans and spocifications for such improvements to be prepared by said Director of Public Works; said paving to consist P� a 3 --7 `. r of the construction, reconstruction, or repair of a four and one -half inch (4") hot -mix asphaltic -concrete base course, and the construction thereon of a substantial wearing surface of one and one -half inch (1j.) hot -mix asphaltic surface course. SECTION 3. In providing for and making such improvements, the City Council hereby deteimiuse to proceed under, and in the ....oro..se 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 Pirst- Called Session of the 10th Legislature of the State of Texas (1927) Chapter 106, said Act bring comaonly ka— as Article 1105 -b, Revised Civil Statutes of Taxes, 1925, as amended. SECTION U. The Director of Public 17orks for the City of Corpus Christi, Texas, is hereby directed to prepare forthwith and file with the City C—oil complete plans and specifications £or such proposed improve- ments covering the typo of pavement, curbs and gutters, and other inci- dentals and appurtensnces.hereinabove set forth. SECTION 5. The cost of said inprovamonts shall be paid as £allows: A. The cost Of constructing, reconstructing, or repairing said improvements zrithin the area between and under rails, tracks, doable 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 inter- urban, end its roadbed, ties, rails, fixtures, rights and franchises, and the real 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 110th Legislature of the State of Texas (1927) above identified. 14 The City of Corpus Christi shall pay the whole costs of construction, reconstruction, or repair of the curbs, within o 1� ' the intersections of said street with other streets and alleys, the whole cost of construction of storm sewers and appurtenances thereto, if any, 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 respeotive properties abutting upon said street. C. The property abutting upon said streets within the limits above defined, and the real end true owners thereof, sha11 be assessed and pay for the total cost o£ construct- ing, 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 o£ the amount thereof herein specified to bo paid by any railway, street railway, or interurban, as set cut in Sub- section A) above, and by the City of Corpus Christi as set out in Subsection B) above, and exclusive of the costs of any atom sowers, but inclusive, of the costs of all inei- dentals and appurtenances. However, no assessmont will be made for curbs and gutters to replace o.dsting curbs and gutters on the said streets which are now deemed adequate by the Director of Public :forks. 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 (9110) of the total cost of said improvements, ax- elusive of the cost of curbs. The amounts payable by the abutting property and the real and true owners thereof shall 'as 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 liabilit, of the real and true owners thereof, and shall be payable as follows, to -wits The amount of said asseasments shall be payable in five (5) equal ennusl installments, the first of which shall be due and payable twenty (20) days after the date said improveunts are completed and accepted by the City Council, and the remaining four (4) installments to be due and payable, respectively, one (1), two (2), three (j) and four (4) years from and after the date of such acceptance, together with interest thereon from said date of acceptance at the rate of five per Dent (V-) per aj . payable annuallyj provided, however, that the owners of said property shell have the privilege of paying any one of, or all of, such install- ments 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 of said installments of principal or interest, promptly as same matures, then at the option of the contractor, or assigns, the entire amount of the assess- ment upon which such default is made shall be and become immediately due and payable, together with reasonable attor- neys fees and collection costs, if incurred; however, it is speoifioelly stipulated and provided that no assessment shall in any case be made against any property or the real end true owners thereof in excess of the special benefits to accrue to such property in the enhanced value thereof resulting from said improvementa. SECTION 6. It is further provided as is stipulated by the pro- vision of said Charter and laws above identified, that said improvements may be omitted in front of any property exempt from the lien of special assessment for street improvements without invalidating or affecting the aesessments against the other property abutting upon said streets. Further, the City Secretary of the City of Corpus Christi, Texas, is hereby author- ized and directed to prepare a notice in the name of Said City of the action taken herein and to have same filed by the County Clerk of Nueces County, Texas, among the liortgage Records of said County. SECTION 7. The fact that there is badly needed at this time permanent street improvements on Alameda and Tarleton Streets within the limits hereinbefore defined, and the further fact that the present con- dition of said portions of Alameda Street and Tarleton Street are dangerous to the health and public welfare of the inhabitants of the City of Corpus Christi, due to the conditions and increase of traffic along said portion of said streets creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolu- tion shall be passed finally on the date it is introduced and that such ordinance or resolution shell be read at throe several meetings of the City Council, and the Mayor having declared that such public emergenoy and im- perative 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 end after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this -21 day of September, A. D. 1918. ATTEST_: City @ (/ APPROVED AS TO LEGAL FORM, OrnOy e e ant Ci A orney City of Corpus Christi, Texas. Corpus Christi, Texas Septamber �7/ . 1948 TO THE MMMEHS OF THE CITY COUNC]S, Corpus Christi, Texas Gentleman, ' For the reasons set forth in the'emergency clause of the foregoing ordinance, a public emergency end imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or revolution shall be passed finally on the date it is introduced, and that such ordinance or resolution -hall be read at three meetings of the City Council, 1, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the lr osent meeting of the City Council, Respectfully, OR City of Corpus C.sisti, Texas The Charter rule was suspended by the following vote, Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Derry Joe T. Dawson MS above ordinance eras passed by e following vote, We -lay E. Seale George R. Clark, Jr. John A. Ferris ffwl R. R. Henry Joe T. Dawson 3 -7 'It