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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' ^._..- --- w;th the certifica.e of auihen!iartion - - - -195my `�� _ N s YI d for --d n office the ��!d 3 cf � �Y I BS B m o a � .CQ.yR, R o l cf said on V f.... yy/�/^'- �[ p ., W:tn. ny Land anu sfal of ih Cc, }!�� • -I -O., r' Office in Cor rl of sold C,.unly at pus Christi, Texac, the cloy and year last b.,e written. 1 MRS. HENRY E. GOUGER COUNTY CLERK, NUFCas COUNTY --- - --- -Cepety �. t THE STATE OF TEXAS ) I, MAS. H AY COUNTY OF NUECES ) Et E. C'OUOS4' and for said County, __ _n turf ir.` Y, o herb certif that for oin inatr'- I _ etf: of the Count. Co dated the _.... Y y 9 Unient -`#. day o(..... _ 950, with the oettificate of aui! fialion was Clad for recor in my ofltc. the---. day of dul. o ak /p and y re,I clot.. .A,i rrl Co nt in Vol - - -Z -cord t said W.Inc__ 'a_ hand an,, ��cl of :;te C� .n - C� said oBu. . a.`. oflice io Carpus Chriofl, Texas, the day and year last above written! MRS. HENRY E. -GOUGEF3 :. COUNTY CREAK, NUECr_S COUNT .) i .. ] L J C.