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HomeMy WebLinkAbout02970 ORD - 01/23/1951AN ORDnM= Z 9 70 DETERI•IINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF WATER STREET (OCEAN DRIVE) EXTENSION FRO11 THE SOUTH BOUNDARY LIPS OF FURISAN AVENUE TO THE NORTH BOUNDARY IBM OF BUFCRD STREET AND THAT PORTION OF HANCOCK AVE= FROM THE WEST BOUNnaRY LINE OF WATER STREET (OCEAN DRIVE) TO THE EAST BOUNDARY LINE OF SECOND STREET AND TWIT PORTION OF PARK AVENDE EXTENSION FROM THE EAST BOUNDARY LINE OF CHAPARRAL STREET TO THE WEST BOUNDARY LINE OF EAST SHORELINE DRIVE HE IFIPROVED; AND RINUIRIM THE DIRECTOR OF PUBLIC N RKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED ItKPROVr MITS, REaUIRIFXi THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE OOMITY CL.M OF NUECES COUNTY OF THE ACTION TAKEN hMIN; PROVIDING Hal SUCH IAIPRO "TMENTS SHALL BE PAID; AND DECLARING AN TPE3GENCY. '.,HEMS, the City Council of the City of Corpus Christi, Texas, has determined the necessity for, and has decided to improve Water Street (Ocean Drive) extension from the South boundary line of Forman Avenue to the North boundary line of Buford Street, Hancock Avenue from the West boundary line of Water Street (Ocean Drive) to the East boundary line of Second Street and Park Avenue extension from the East boundary line of Chaparral Street to the West boundary line of East Shoreline Drive in the manner herein provided. NOW, THEREFORE, BE IT ORAAINED BY THE CITY ODUNC IL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there exists a public necessity for, and the City Ccuncil of the City of Corpus Christi, Texas, does hereby determine that it is necessary to improve the following streets within the said City in the manner herein provided, to -wit: Water Street (Ocean Drive) extension from the South boundary line of Furman Avenue to the North boundary line of Buford Avenue. Hancock Avenue from the Flest boundary line of Water Street (Ocean Drive) to the East boundary line of Second Street. Park Avenue extension from the East boundary line of Chaparral Street to the West boundary line of East Shoreline Drive. SECTION 2. That it is hereby ordered that said streets within the limits above described shall be improved by raising, grading, filling, widen- ing, paving, repaving, or repairing same, by the construction, reconstruction, V repairing, or re- aligning concrete curbs and getters where the Director of Public Works determines adequate curbs and gutters are not now installed on proper grade and line, and by constructing such storm 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 the 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 a six inch (611) compacted caliche base course and the construction thereon of a substantial wearing surface of two inch (211) hot asphaltic surface course. SECTION 3. In providing for and making such improvements, the City Council hereby dete='nes 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 commonly 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 improvements covering the type of pavement, 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 of constructing, reconstructing or repairing such 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 ovmers thereof and assessed against such railway, street railway or interurban, and its roadbed, ties, mile, 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. S. The City of Corpus Christi phall pay the whole costs of, construction, reconstruction, or repair of the curbs and gutters within the intersections of said street with other streets and alleys, the whole cost of construction of storm sewers and appurtenances thereto, if arty, 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 " front of the respective properties abutting upon said streets. C. The property abutting upon said streets within the limits above defined, and the real and true owners thereof, shall be assessed and pay for the total cost of contracting, reconstructing, or repairing, as the case may be, of curbs in front of their respective 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 Sub - 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 inclusive of the costs of all incidentals and appurtenances. However, no assessment will be made for curbs and gutters to replace existing curbs and gutters on the said streets which are now deemed adequate by the Director of Public Works. Houever, such remaining costs to be assessed against and paid by abutting property and the owners thereof shall not in any case exceed nine - tenths (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 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 of said improve- ments are completed and accepted by the City Council, and the remaining four (4) installments to be due and payable, res- pectively, one (1), two (2), three (3) and four (4) years from and after the date of such'acceptaiice, together with interest thereon from said date of acceptance at the rate of five percent (5 %) per annum, payable annually; provided, however, that the ovmers 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, than at the option of the contractor, or assigns, the entire amount of the assess- - went upon which such default 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 r ' such property in the enhanced value thereof resulting from said improvements. SECTION 6. It is further provided as is stipulated by the provision 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 authorized 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, Tems, among the Mortgage Records of said County. SECTION 7. The fact that there is badly needed at this time permanent street improvemxnts on Water Street (Ocean Drive), Hancock Avenue and Park Avenue within the limits hereinbefore defined, and the further fact that the present condition of said portions of Water Street (Ocean Drive), Hancock Avenue and Park Avenue are dangerous to the health and public( welfare of the inhabitants of the City of Corpus Christi, due to the condi- tions and increase of traffic along said portion of said streets creates 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 Kayor 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, TT IS ACMRDE4GLY SO ORDAINED. PASSED AND APPROVED this 1,3 —4-day of January, A. D. 1951• i AYOR City of Corpus Christi, Texas ATTEST: �QD 4 Ril City Secretary A OOT.D AS T� LEGAL FORM. i i Attom Corpus Christi, Texas January_..,, -0 THE NE[TE.Rs OF THE CITY MUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going 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; L, 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. Respectf• , MYUR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrestL- Barney Cott Sydney E. Herndon George L. Lowman a170 Leslie Fiassermsn — Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrestL- Barney Cott Sydney E. Herndon George L. Lowman a170 VOL 50? FAGEV5 STATE OF TEAS C OUNiY OF NUE -CES Id O T I C E Iudaw ALL MI BY VIESE PRESENTS: That the City of Corpus Christi, Texas, acting by and through its duly elected and constituted City Council on the 23rd day of January, 19512 by Ordinance No. 2970 , determined the necessity for and ordered the improvement of certain portions of certain streets within the City of Corpus Christi herein described as follows: Water Street (Ocean Drive) extension from the South boundary line of Furman Avenue to the Borth boundary line of Buford Street. Hancock Avenue from the West boundary line of Rater Street (Ocean Drive) to the East boundary line of Second Street. Park Avenue extension from the East boundary line of Chaparral Street to the hest boundary line of East Shoreline Drive. within the city limits of the City of Corpus Christi, Texas, said streets within the limits above described to be improved by raising, grading, fill- ing, widening, paving, repaving or repairing same and by the construction, reconstruction, repairing or re- aligning concrete curbs and gutters where the Director of Public I -forks determines adequate curbs and gutters are not now installed on proper grade and line, and by constructing such storm 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 CAA in the plans and specifications for such improvements tnerefer as prepared by said Director of Public Works. That said Ordinance No. n q % D passed by the City Council on January 23rd, 1951, provided that a portion of the costs of said improve - ments shall be payable upon the completio n and acceptance of said improve - 7"" ments by the City Council or at the option of said owner in five (5) equal annual installments, the first installment being due tuenty (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 d one (1), two (2), three (3) and four (4) years from and after the date o£ such acceptance and that said deferred payments shall bear interest at the rate of five percent (5 %) per annum, payable annually. And said Ordinance further provided that the amounts payable 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. THERiFORZ, the City of Corpus Christi, Texas, has caused this notice to be filed by C. W. Vetters, City Secretary, and the official seal 23MQ,/ of said City to be hereto affixed this the aa_f day of Janua2 -y, A. D. CnY OF CLEFUS CIRISfI, TEXAS City Secretary STATE OF TEXAS CDb:S'TY OF INECFS 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 instru- ment as City Secretary of the City of Corpus Christi, and aclmowledged 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 .o a day of uar',yy, - -A. D., 1951. liotary Public, Nueces County, Texas THE STATE OF TEXAS) 1, MRS. HENRY E GOUGER, COU14TY OF NUECES) Clak of the County Court m and for said County, do bereby cerlR at the foregoing instrument dated the. —mss.__ .day of ___ -- 4—__.._. __ _ Ian/__ with the ufimte of cu :,cn•tcallon was Idad I- re rd In my office thpe o?, ?. day of _. �e-�� _ 195L —4fs ' SJ__ o'cloc af— PA, cnd duly mc—", cm- � �y al {tiL 195J_ t.LO_r%J_ o lock. A•2d I _ _f_r'��g- H— .d .1 :md County, In Val _.___G?+__._.__cn pvgc•. �1.,fk= _._37. Wanes my hand— red a1 the C-,Iy Court of end Gusty a1 offim Ia Corpus Christi, Texas, the day oral year Iasi ab— mitten MRS. HENRY E. GOUGER COUNTY CLERK, NUECES COUNTY g, 1Aj o- '_4 —k'evmy