HomeMy WebLinkAbout02929 ORD - 11/14/1950DETERMINING THE NECESSITY FOR AND ORDERING
THAT THAT PORTION OF OLD ROBSTOWN ROAD FROM THE
NORTH BOUNDARY LINE OF AGNES STREET TO THE SOUTH
BOUNDARY LINE OF UPRIVER ROAD HE IMPROVED; AND
REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE
AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED
IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE
A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF
NUECES COUNTY OF THE ACTION TAKEN HEREIN; PROVIDING
HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING
AN EMERGENCY
WHEREAS, the, City Council of the City of Corpus Christi, Texas,
has determined the necessity for, and has decided to improve Old Robstown
Road from the North boundary line of Agnes Street to the South boundary
line of Upriver Road in the manner herein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
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 necessary to improve the following street within the said City
in the manner herein provided, to -wit:
Old Robstown Road from the North boundary
line of Agnes Street to the South boundary
line of Upriver Road.
SECTION 2. That 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 concrete sidewalks, curbs 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
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 plans and specifications for
such improvements to be prepared by said Director of Public Works; said
paving to consist of the construction, reconstruction, or repair of an
eight inch (8") caliche base course, and the construction thereon of a
substantial.wearing surface of two inch (211) hot -mix asphaltic surface
course*
a� a�
SECTION 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 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 40th Legislature of the State of Texas (1927)
Chapter 106, said Act being common;y known as Article 1105 -B, Revised Civil
Statutes of Texas, 1925, as amended.
SECTION 4. The Director of Public Works for the City of Corpus
Christi, Texas, is hereby directed to prepare forthwith and file with the
City Council complete plans and specifications for such proposed improve-
ments covering the type of pavement, sidewalks, curbs 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 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 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
40th Legislature of the State of Texas (1927) above
identified,
B. 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 construction, recon-
struction or repairing, as the case may be, of curbs, gutters
and sidewalks in front of their respective properties abutting
upon said street. However, no assessment will be made for
sidewalks, curbs and gutters to replace existing sidewalks,
curbs and gutters on the said street which are now deemed
adequate by the Director of Public Works.
C. The City of Corpus Christi, from funds appropriated for such
purpose supplemented by a contribution of $30,000.00 from Nueces
County, shall pay all the remaining costs of said improvements,
exclusive of the amount herein specified to be paid by any railway,
street railway, or interurban, as set out in sub- section A above,
and by the property abutting upon said street and the real and true
owners thereof, as set out in sub- section B, above.
The amount 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 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 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 City Council, and the remaining four
(4) installments to be due and payable, respectively 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 (5 %) per annum, payable
annually; provided, however, that the owners 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 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 suchdefault is made shall be and become
immediately due and payable, together with reasonable attor-
ney'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 accrue 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 street. 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 fact that there is badly needed at this time
permanent stree t improvements on Old Robstown Road within the limits herein —
before defined, and the further fact that the present condition of said portion
of Old Robstown Road is 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 street'.ereates a public 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 Mayor-having declared that such public
emergency and imperative 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 and
after its passage, IT IS ACCORDINGLY SO ORDAIQ:D.
PASSED AND APPROVED this /'./ day of November, A. D. 1450.
City Secretary
APPROVED AS TQ LEGS. FORM:
C ity Atto ey `
MOM-
v2� w
City of Corpus Christi, Texas
Corpus Christi, Texas
November , 1950
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 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,
R
Ai't-2y-af Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeFor rest
Barney Cottg.
Sydney E. Herndon
George L. Lowman
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman S 04L
VOL 386 KLE 381
THE STATE OF TEXAS D
COUNTY OF NUECES D N O T I 2E
KNOW ALL MEN BY THESE PRESEIPfS:
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council on the 14th day of November,
1950, by Ordinance No. 2929, determined the necessity for and ordered
the improvement of certain portions of certain streets within the City
of Corpus Christi herein described as follows:
Old Robstown Road from the North boundary line
of Agnes Street to the South boundary line of
Upriver Road,
within the City Limits of the City of Corpus Christi, Texas, said street
within the limits above described to be improved by raising, grading,
filling, widening, paving, repaving or repairing same and by the construc-
tion, reconstruction, repairing or re— aligning concrete curbs and gutters
and sidewalks where the Director of Public Works determines adequate curbs,
gutters and sidewalks are not now installed on proper grade and line, and
by constructing such atom sewers and drains, together with all other
necessary incidentals and appurtenances, all as deemed adequate by the
Director of Public Works and as provided for in the plans and specifica-
tions for such improvements therefor as prepared by said Director of Public
Works.
That said Ordinance No. 2929 passed by the City Council on
November 144 1950, provides that a portion of the costs of said improve -
ments shall be payable upon.the completion and acceptance of said improve-
ments by the City Council or at the-'option of said owner in five (5)
equal installments, the first installment being due twenty (20) days after
the completion and acceptance of such improvements by the said City
Council and the remaining four (4) installments to be due and payable
respectively, one (1), two (2), three (3) and four (4) years from and
after the date of such acceptance and that said deferred payments shall
bear interest at the rate of five per cent (5 %) per annum, payable
annually. And said Ordinance further provides that the amounts payable
a
VOL 3J6 S?
by the abutting property and the real and true owners thereof to be
assessed against said property and said true owners thereof shall
constitute a first and prior lien on such abutting property and a
personal liability of the real and true owners thereof.
THEREFCRE, the City of Corpus Christi, Texas, has caused
this notice to be filed by C. W. Vetters, City Secretary, and the
official seal of said City to be hereto affixed this the 14th day of
November, A. D. 1950-
¢ 4-
STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI, TEXAS
City Secretary
Before me, the undersigned authority, on this day personally
appeared C. W. Vetters, City Secretary of the City of Corpus Christi,
Texas, known to me to be the person whose name is subscribed to the
foregoing instrument as City. Secretary of the City of Corpus Christi,
and acknowledged to me that he signed the same in his capacity as such
City Secretary for the purposes and consideration therein expressed,
and as the act and deed of said City of Corpus Christi.
Given under my hand and seal of office this the day
of,,Tovember, A. D. 1950.
Notary Public, Nueces County, Texas
Anna Grace Pierce, Notary Public
My Commission expires June 1,1951,
THE STATE OF TEXAS ) I, MRS. HENRY E. GOUGER,
COUNTY OF NUSCES ) ClerL of ;ho County Coca; in
and for said County do hereby certify that the foregoing instrume,
dated the ----------- A- day of- ------ ------- +r' ^._..- ---
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1 MRS. HENRY E. GOUGER
COUNTY CLERK, NUFCas COUNTY
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THE STATE OF TEXAS ) I, MAS. H AY
COUNTY OF NUECES ) Et E. C'OUOS4'
and for said County, __ _n turf ir.`
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MRS. HENRY E. -GOUGEF3
:. COUNTY CREAK, NUECr_S COUNT
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