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HomeMy WebLinkAbout02536 ORD - 06/07/1949AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF II9PROYING ALAMEDA STREET AND TARLTON STREET, WITHIN THE LII3ITS HEREINBELOri DEFINED IN THE CITY OF CORPUS CHRISTI, TEXAS, PERFORMED BY J. M. DEMLIWM, INC,, APPROV- ING AND ACCEPTING THE MAINTENANCE BOND FURNISHED BY J. M. DELLINGER, INC. IN CONNECTION WITH SAID WORKI AUTHORIZING AND DIRECTING THE ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES AND DECLARING AN EMERGENCY. HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the work of improving the following streets and portions thereof in the City of Corpus Christi, Texas, to -wit: ALAMEDA STREET from the south property line of Clifford Street to the north property line of Louisiana Avenue, TARLTON STREET from the west property line of Ayers Street to the east property line of Pineda Park, by raising, grading and filling same, and installing concrete curbs, gutters and sidewalks where same.were not installed on proper line and grade and where the existing curbs, gutters and sidewalks were deter- mined by the City Engineer not to be adequate and sufficient, and by constructing storm sewers and other drainage facilities as provided for in the plans and specifications for such improvements, and by paving, repaving and repairing said streets with an asphaltic concrete base, and the construction thereon of a 1=e inch asphaltic surface course, together with other necessary incidentals and appurtenances, and the doing of other work incident thereto, all as provided for in the plans and speci- fications for such improvements, having been performed and completed in accordance with the terms and provisions of the contract and the plans and specifications therein contained, dated October 23, 1946, being between the City of Corpus Christi, Texas, and J. M. Dellinger, Inc., and the Director of Public Works of said City having examined, measured and caused to be tested the finished improvements by the means and manner provided by the terms of said contract and the plans and specifi- cations therein contained, and said Director of Public Works having found that such improvements have been constructed and completed in full com- pliance with the terms and provisions of said contract and the plans and.specifications therefor, and having approved and accepted said work and improvements and having heretofore issued his Certificate of Final Acceptance and so certified to said City Council and recommended that such City Council accept and receive said work and the improvements as constructed by said J. M. Dellinger, Inc.; and said J. M. Dellinger, Inc. having heretofore furnished to and filed with said City Council its five -year Maintenance Bond in the amount, and executed by a corporate surety, as required and provided in said plans and specifications, and said Maintenance Bond having been found by said Director of Public Works and said City Council to be in proper form, amount and executed by an approved corporate surety, and having been approved by the City Attorney, said Maintenance Bond is here now accepted and approved as being in full compliance with the requirements of said contract and the plans and specifications therein contained; and said work and improvements having been found by the Mayor and City Council of said City to have been per- formed and completed, and said Maintenance Bond filed and approved, all in full compliance with said contract and plans and specifications therefor, same are hereby found to have been performed and completed by said J. M. Dellinger, Inc. in fall compliance with the terns and provi- sions of said contract, and the plans and specifications therefor, and same are here now accepted and received by the City Council of the City of Corpus Christi, Texas. SECTION 2.. That the Mayor and City Secretary of said City are hereby authorised and directed to issue to J. M. Dellinger, Inc. special assessment certificates evidencing the assessments against pro- perty improved abutting upon said Tarlton Street, within the limits above defined, and against the real and true owner or owners thereof, which, by the terms of such contract, the City of Corpus Christi, Texas, has agreed and obligated itself to issue and deliver to said J. M. Dellinger, Inc.- in accordance with the provisions of the final assessment ordinance and other proceedings heretofore had and adopted by said City Council; said assessment certificates to be executed in the name of said City by the Mayor and City Secretary thereof and impressed with the seal of said City, and dated as of the date hereof, and such officers are hereby authorized and directed to execute said certificates in their official capacities on behalf of said City, and deliver same to said J. M. Dellinger, Inc. SECTION 3. The fact that permanent street improvements within the City of Corpus Christi are immediately necessary due to the fact that the present condition of the streets in said City is dangerous to the health and public welfare of the inhabitants thereof and that the streets are subject to unprecedented traffic due to the rapid growth of said City, and the further fact that it is necessary to provide drainage for that area adjacent to said Alameda Street and Tarlton Street, create a public emergency and an imperative public necessity, requiring the suspension of the Charter Rule or requirement that no ordinance or reso- lution shall be passed finally on the date of its introduction, and that said ordinance or resolutions shall be read at three separate meetings of the City Council, and the Mayor having declared that such emergency and public imperative necessity exists, and requested that said 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 and after its passage, TT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this the E Y day of 5 vouC , A. D. 1949. i I - MAYOR City of Corpus Christi, Texas. ATTEST: "- �___ City Secretary APPROVED: Cit/ torney Corpus Christi, Texas ;(ux � 1949 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 shell 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 introduced, or at the present meeting of the City Council, Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman l.U.r- Jack DeForrest` Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman —IL- Jack DeForrest lk.,3o Barney Cott C' Sydney E. Herndon George L. Lowman � S3(�