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Home My WebLink About02439 ORD - 01/04/1949AN ORDINANCE DETERIMING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF WATER STREET FROM THE NORTH PROPERTY LINE OF FITZGERAT STREET TO THE SOUTH PROPERTY LINE OF FORMAN AVENUE BE IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND PILE PLANS AND SPECIFICA- TIONS FOR THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF TEE COUNTY OIER% OF NUECES COUNTY OF THE ACTION TAffiQ HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WaEREAB, the City Council of the City of Corpus Christi, Texas, has determined the necessity for, and has decided to improve Water Street from the north property line of Fitzgerald Street to the south property line of Furman Avenue in the manner herein provided. NCR, TRIMF'*'nPx, BE IT ORDAiNID BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TIM t 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 neoessary to improve the following street within the said City in the manner herein provided, to wits Water Street from the north property line of Fitzgerald Street to the south property line of Furman Avenue. SECTION 2. That it is hereby ordered that said street within the limits above described shall be improved,by raising, grading, filling, widening, paving, repaving, or repairing same, by the oonatruotion, re- construction, repairing, or re- aligning concrete sidewalks, ourbs and gutters where the Director of Public Works determines adequate sidewalks, curbs and gutters are not now installed on proper grade and line, and by oonstructing such storm sewers and drains, together with all other neoss- sary inoidentals and appurtenanoes, all as deemed adequate by the Direotor of Public Works and as provided for in the plans and specifications for such improvements to be prepared by said Director of Public +Jorke; said paving to consist of the oonstruction, reconstruction, or repair of a six ineh (6 ") reinforoed Portland Cement oonorete base oourae, and the construction thereon of a substantial wearing surface of one and one -half inch (1t) hot-mix asphaltic surface course. �.�{39 SECTION 3. In providing for and making such improvements, the City Council hereby determines to proceed under, and in the exercise o£, 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 IM legislature of the State of Texas (1927) Chapter 106, said Act being on —only known as Article 1105 -b, Revised Civil Statutes of Texas, 1925, as amended. SECTION i. The Director of publio 'arks for the City of Corpus Christi, Texas, is hereby directed to prepare forthwith and file with the City Council complete plane and specifications for such proposed improve- ments covering the type of pavement, sidewalks, ourbs and gutters, and other incidentals and appurtenances hereinabove set forth. 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, end switohas, and two (2) feet on each aide thereof, of awy railway, street railway, or interurban, using, occupying, or crossing such street or a portion thereof hereby ordered improved, shall be paid by the respective owners thereof and 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 Acts of the 1{Dth 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 and side- walks within the intersections of said street with other street.. and allays, the whole cost of construction of storm sewers and appurtenances thereto, if any, and shall pay not less than one -tenth (1 /10) of the total remaining cost of said improvements exclusive of the cost of the curbs in If, % the respective properties abutting upon said C. The property abutting upon said street within the limits above defined, and the real and true owners thereof, shall be assessed and pay for the total cost of constructing, reoomstructing, or repairing, as the case may be, of curbs in front of their respeotive 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 &b- section A) above, and by the City of Corpus Christi as set out in Sub- section H) above, and exclusive of the costs of any storm sewers, but in- clusive of the costs of all incidentals and appurtenances. However, no assessment will be made for sidewalks, ourbs and gutter. to replaoe existing sidewalks. ourbs and gutters on the said street which are now deemed adequate by the Direotor of Public Works. However, such remaining costs to be assessed against and paid by abutting property and the owners thereof -hall not in any ones exceed nine -tenth. (910) of the total cost of said improvements, exclusive of the cost of curbs. The amount payable by the abutting property and the real and true owners thereof shall be Be ..... d 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 -rdt: The amount 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 improve- ments are completed and ....pted by the City Counoil, and the remaining four (4) installments 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 data of aooeptanoe at the rate of five per oent (5%) per annum, payable annuallyj provided, r, that the owners of said property shall have the age of paying any one of, or all of, such install- 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 any of said installments of principal or Interest, promptly as same matures, than at the option o£ the contractor, or assigns, the entire amount of the "sess- ment upon whioh such default is made shall be and become immediately due and payable, together with reasonable attor- nay 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 aoorue to such propert -j 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 street. Flwther, 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 Eueces County, Texas, among the Mortgage Records of said County. SECTION %. The fact that there is badly needed at this time permanent street improvements on Water Street within the limits hereinbe- fore defined, and the further fact that the present condition of said portion of Water street is dangerous to the health and public welfare of the inhabitents of the City of Corpus Christi, due to the conditions and increase of traffic along said portion of said street creates a nublio emergency and public imperative necessity requiring the suspension of the Charter rule 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, and the M%Mr having declared that such public emergency and imperative necessity exists and having requested that such Charter rule be suspended, end that this ordi- nance be passed Finally on the data o£ its introduction and tale e£feot and be in mall faro. and effect from and after its passage, IT IS ACCORD- INGLY SO ORDAINED. PASSED AIM APPROVED this I/ of January, A. D. 1949. AIM OR ATTEST: City of Corpus Christi, Texas. ty sore APPRO TO LE F i tt Corpus Christi, Texas January tL , 1949 TO THE MM MS OF THE CITY COUNCIL Corpus Christi, Texas Gentlement For the reasons set forth in the emergency clause of the fore- going ordinsnos, a public emergency and imperative necessity exist for the suepeneion of the Charter rule or requirement that no or,11— a or resolution shall be passed finally on the date it is introduced, and that such ordinance 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. Respeotfolly. R 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 vote, Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson 2-gSq