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