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HomeMy WebLinkAbout02432 ORD - 12/21/1948AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF NINETEENTH STREET FROM THE NORTH PROPERTY LINE OF AONES STREET TO THE NORTH PROP- ERTY LIEF OF LIPAN STREET, AM THAT PORTION OF LIPAN STREET FROM THE TMST PROPERTY T. OF BROPINLEG BLVD. TO THE EAST PROPERTY LINE OF NINE- TEENTH STREET, AND TW PORTION OF CMWICBE BMW FROM THE EAST PROPERTY LINE OF COKE STREET' TO THE EAST PROPERTY LINE OF NINETEENTH STREET BE IMPROVEDE AND REQUIRING THE DIRECTOR OF PUBLIC MM TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR TIM PROPOSED 111PROVEMENTS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE CFFICE OF THE CO= CLERK OF NUECES COUNTY OF THE ACTION TAH@S MEIN; PROVIDING HOPE SDCH MOVEMENTS SHALL BE PAID, AND DECLARING AN EMGENCY. MEMAS, the City Council of the City of Corpus Christi, Tessa, has determined the necessity for, and has decided to improve Nineteenth Street from the north property line of Agnes Street to the north property line of Lipan Street, Lipan Street from the west property line of Brownlee Blvd. to the east property line of Nineteenth Street, and Comanohe Street from the east property line of Coke Street to the east property line of Nineteenth Street in the manner herein provided. NOW THEREFORE. BE IT ORQLD D BY THE CITY COIINCIL OF TIM CITY OF CORPUS CHRISTI, TEBAB. SECTION 1. That there esigts 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 the amid City in the manner herein provided' to -witty Nineteenth Street from the north properly line of Agnes Street to the north property line of Lipan Street. Lip— Street from the west property line of Brownlee Blvd. to the east property line of Nineteenth Street. Comanche Street from the east property line of Coke Street to the east property line of Nineteenth Street. SECTION 2. Thet 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, by the construction, re- construction, repairing, or re- aligning oOcareta sidewalks, _be and gutters where the Director of Public works determines adequate sidewalkap curbs and gutters are not now installed on proper grade and line, and by zg32e A constructing such storm sewers and drains, together with all other neces- sary incidentals and appurtenances, all as deemed adequate by the Director of public works and as provided for in the plane and speoifioations for such improvements to be prepared by said Director of Public Works; said paving to consist of the construction, reconstruction, or repair of a four and one -half iaoh (W) hotrod. asphaltic concrete base course. and the construction thereon of a substantial wearing aurfaoe of one and one - half inch (lei'") hot -mix asphaltic surface course. SPCTICK 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 Seoticn 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 Loth Legislature of the State of Texas (1927) Chapter 106, said Act being .-nly known ee Article 1105 -b. 8eviead Civil Statutes of Taxes, 1925, as smanded. SECTION 4. The Director of Public Yorks for the City of Corpus Christi, Texas, is hereby directed to prepare forthwith and file with the City Coueoil complete pleas and specifications for such proposed improve- ments covering the type of pavement, sidewalks, ourbs and gutters, and other incidentals and appurtenances hereinabove set forth. S&CTICE 5. The cost of said improvements shall be paid as follow". 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 streets or portions thereof hereby ordered improved, shall be paid by the respective owners thereof sad assessed against such railway, street railway, or inter- urban, and 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 Ante of the s t 4M Legislature of the State of Texas (1927) above identified. H. The City of Corpus Christi shall pay the whole costs of construction, reconstruction, or repair of the curbs and sidewalks within the intersections of said streetswith other streets and alleys, the whole poet of construction of at— severe 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 ourbs in front of the respective properties abutting upon said streets. C. The property abutting upon said streets within the limits shove defined, and the real and true owners thereof, shall be assessed and.pay for the total cost of construoting, reconstructing, or repairing, as the case may be, of our-be in front of their respective properties, and shall pay all the remaining costa of said improvements, exclusive of the amount thereof herein specified to be paid by any railway, street railway, or interurban, as set out in Sub- section A) above, and by the City of Corpus Christi as set out in Sub- seotion 8) above, and exolusiva of the costs of any storm severe, but in- elusive of the costs of all incidentals and appurtenances. However, no assessment will be made for sidewalks, curbs and gutters to replace existing sidewalks, curbs and gutters on the said streets which are mew deemed adequate by the Director of Public liorks. However, such remaining costs to be assessed against and paid by abutting property and the owners thereof shall not in any case sxoeed nine- tentha (9/10) 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 owmers 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, to -wit, The amount of said assesasents shall be payable in five (5) equal annusl installments, the first of which shall be due and payable twenty (20) days after the data said improve- ments are —Plated and accepted by the City Council. sad the ruining four (4) installment. to be due and payable, res- peotively, one (1), two (2), three (3) 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 cent (5y) per annum, payable annuallyi provided, however, that the owcars of said property shall 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 payments further, that if default be made in payment Of aV of Said installments of principal or interest, promptly as same maturas, than 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- noyua fees and collection .oats, if incurred= however, it is Specifically stipulated and provided that no assessment shall in any ease be made against any property or the real and true S%nars thereof in ezoess of the special benefits to coerce to such property in the enhanced value thereof resulting from said improvements. 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 assessments 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 Mortgage Records of said County. SECTION 7. The Pact that there is badly needed at this time permanent street improvements on Nineteenth Street, Lipan Street and Comanche Street within the limits hareinbefore defined, and the further fact that the present condition of said portions of Nineteenth Street, Lipan Street and Comanche Street are dangerous to the health and public welfare of the inhabitants of the City of Corpus Christi, due to the oon- ditions and increase of traffic along said portion of said streets creates a public emergenoy and public imperative neoessity requiring the suspension of the Charter rule that no ordinanca 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, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordi- nance be passed finally on the date of its introduction and take effect and be in full £oroe and e£feot from and after its passage, IT IS ACCORD - INGLY SO ORDAINED. PASSED AND APPROVED thispt/ day of December, A. D. 19148, Corpus Christi, Texas December 21, 1946 TO THE IUDM= OF THE CITY COUNCIL Corpus Christi. Texas Gentlemene For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergenoy and imperative neaessity 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 ordinsnoo or resolution shall be read at three meetings of the City Council, I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is intro- duced, or at the present meeting of the City Council. Reapaotfully. �0 City of Corpus Christi, Texas The Charter rule was suspended by the following vote, Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the following votes Wesley E. Sealy George R. Clark, Jr. John A. Ferris E. R. Henry Joe T. Dawson .' '- I