HomeMy WebLinkAbout03051 ORD - 05/29/1951• s
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AN ORDINANCE
D MMUNG THE NECESSITY FOR AND ORDERING THAT
THAT PORTION OF PORT AVENUE FROM THE SOUTH BOUNDARY
LINE OF WEST BROADWAY TO THE NORTH BOUNDARY LINE OF
MORGAN AVENUE, WITHIN THE CITY OF CORPUS CHRISTI,
TEXAS, BE 12TROVED BY CONSTRUCTING SIDEWALKS, CURBS '
AND GUTTERS ALONG SAID STREET; ORDERING PLANS AND
SPECIFICATIONS TO BE PREPARED BY THE DIRECTOR OF
PUBLIC WORKS FOR THE PROPOSED ItTROVEMENTS, AND IN
THE EVENT SAF,'E HAVE ALREADY BEEN PREPARED, ORDERING
THAT SAME BE FILED; PROVIDING HO.+i SUCH IMPROVEMENTS
SHALL BE PAID; AUTHORI'LIM AND DIRECTING THE CITY
SECRETARY OF THE CITY OF CORPUS CHRISTI TO PREPARE A
NOTICE BY AND FOR THE CITY OF THE ACTION TAKEN HEREIN
AND TO FILE SANE IN THE MICE OF THE COUNTY CLERK OF
NUECES COUNTY, TEXAS, AMONG THE N:ORTGAGE RECORDS OF
SAID COUNTY; AND DECLARING AN ENRMICY,
WHEREAS, The City Council of the City of Corpus Christi, Texas,
has determined the necessity for, and has decided to improve Port Avenue
from the south boundary line of West Broadway to the north boundary line
of Morgan Avenue, within the City of Corpus Christi, as hereinafter fully ;
described by constructing sidewalks, curbs and gutters along said street: '
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SWT1014 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 that portion of Port Avenue, within the
limits above defined, within the said City in the manner herein provided.
SECTION 2. That it is hereby ordered that said street, within
the limits above defined, shall be improved by the construction, reconstruc-
tion, 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 construct-
" ing 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 in the plans and specifications for such
improvements submitted to the City Council and on file in the office of
the City Secretary of said City.
SECTION 3. In providing for and making such improvements, the
City Council hereby determines to proceed under and in the exercise of the
.4
powers, terms and provisions of Section 6 of Article 2 of the Chartqr 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
Statute. of Terns, 1925, as amended.
SMTION 4. That the Director of Public Works of the City of
Corpus Christi is hereby directed and instructed to prepare immediately
and file with the City Council of the City of Corpus Christi complete plans
and specifications for such improvements of said street, as hereinbefore
described and within the limits designated; and, in the event the Director
of Public Works of the said City has prepared plans for such improvement of
said portion of said street, he shall immediate],v file with the City
Council said complete plans and specifications for said improvements.
SECTION 5. The coat of said improvements shall be paid as
follows:
(a) The cost of constructing sidewalks, curbs and gutters within
the area between and under rails, tracks, double tracks, turn-outs, and
switches, and two feet on each side thereof, of any railroad, street rail-
road, or interurban using, occupying or crossing such street, or portion
thereof, hereby ordered improved, shall be paid by the respective owners
thereof, and assessed against such railroad, street railroad, or inter-
urban, and its road bed, 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 City of Corpus Christi will pay all engineering costs
incurred in establishing the line and grade of all sidewalks, curbs and
gutters to be constructed pursuant to this Ordinance, and shall pay not
more than the balance of the total remaining cost of improvements over and
above that amount assessed against the property abutting upon said street
within the limits as above defined, and the real and true awners thereof•
The City shall also pay the cost of such improvements on comer lots
between the intersection of easement lines and the curb to which they are
immediately adjacent.
(c) The property abutting upon said 'street, within the limits
above defined, and the real and true owners thereof, shall be assessed
and pay not to exceed the total coat of constructing of sidewalks, curbs
and gutters along the portion of said street to be improved, exclusiva)of
the amount thereof herein specified to be paid by any railway, street rail -
way, or interurban, as set out in sub- section (a) above, and by the City of
Corpus Christi as set out in sub- section (b) above.
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 owner
thereof, and shall be payable as follows:
The amounts 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 improvements are completed and
scce;lted 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 percent (5%) per
annum, payable annually; provided, however, that the owners of said property
shell have the privilege of paying any one of, or all of, such installments
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 defaajt 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 assessment upon which such default is
made shall be and become immediately due and payable, together with
reasonable attorney'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
provisions of the City Charter and the laws above identified, that said
improvenenta may be omitted in front of any property exempt from the, lien
of such assessment for the improvements without invalidating or affecting
the assessments against the other property abutting upon said street.
SECTICN 7. The City Secretary of the City of Corpus Christi
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, Texas, among the mortgage records of said County.
SECTION g. The fact that portions of said street to be improved
within the City of Corpus Christi, as above described, does not have adequate
sidewalks, curbs and gutters, and the further fact that such sidewalks,
curbs and gutters along said street are necessary to the health and public
welfare of the inhabitants of said City, specially in view of the increased
traffic along said street in the City, creates a public emergency and
imperative public 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 sudr
emergency and necessity to exist, requesting that such Charter rule be sus -
pended, and that this Ordinance take effect and be passed finally on the
date it is introduced and take effect and be in frill force and effect from
and after its passage, IT IS ACCCRDINGLY SO CRD&nMD.
PASSED AND APPROVED, This the ;L day of 0
A. D. 1951.
M4YOR
City, of Corpus Christi
ATTEST:
City Secretary
APPROVED AS TO LEGAL FYRM:
City ttorney
Corpus Christi, Texas
2,a..r aq , 19V
To THE HERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemens
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; 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.
Respeotfully, .
M&YCR
City of Corpus Christi, Texas
The Charter rule was suspended by the following votes
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above ordinance was passed by the following votes
Leslie Wasserman
aA4,
—/.'4
Jack LeForrest
f
�"�'
Barney Cott
Sydney E. Herndon
George L. Lowman
� -:?05-1
VOL 397 PAGE 19
THE STATE OF TEXAS b �VB PAGE.
COUN'T'Y OF NUECES
aa04TALL VEN BY THESE PRESENTS:- - --
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council on the 29th day of May ,
1951, by Ordinance No. 9051 . determined the necessity for and ordered
the improvement of Port Avenue from the south boundary line of West Broad-
way to the north boundary line of Morgan Avenue within the City Limits of
the City of Corpus Christi, as herein described, said street to be improved
by the construction of sidewalks, curbs and gutters, together with necessary
incidentals end appurtenances, all as deemed adequate by the Director of
Public Works and as provided for in the plans and specifications of such
improvements therefor as prepared by said Director of Public Works, which
plane and specifications were accepted and approved in said Ordinance
first aboveaentioned. '
That in said Ordinance No. 3051 said City Council did
determine 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.
That said Ordinance No. 3051 , passed by the City Council on
the 99th day of May , 1951, provides that the cost of such improve-
ments be paid in the method and manner as therein set out; that the cost
of said improvements shall be payable by the abutting property owners in
five (5) equal annual installments,the first of which shall be due and
payable twenty (20) days after the date of 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 percent
(5 %) per anima, payable annually; provided, however, that the owners of
3a�1
VOL 397 PmE 20
i ! ME is
said property shall have the privilege of paying any one of, or all of,
such installments 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 install-
ments of principal or interest, promptly as same matures, then at the option
of the contractor, or assigns, the entire amount of the assessment upon
which such default is made shall be and become immediately due and payable,
together with reasonable attorney'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. And said Ordinance
further provides that the amount 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.
THEREFORE, 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 C71'Y OF CORPUS CHRISTI to be hereto affixed this the c2 /—day of
1951.
THE CITY OF CORPUS CHRISTI, TMS
Cam, W. Vetters, City Secretary
THE STATE OF TMS
.y,.PUPiQtJN1 C OF NUECES .
BEFORE ME, the undersigned authority, on this day personally
�Yappeared C. W. UTTERS CITY SECRETARY OF THE CITY OF CORPUS CHRISTI,
known to me to be the person whose name is subscribed to the fore-
going instrument as City Secretary of the City of Corpus Christi, Tema,
.. ......... and acknowledged to me that he signed the same in his capacity as such
"•,,,r oFCSty Secretary for the purposes and consideration therein expressed and
"`db'the act and dead of said City of Corpus Christi, Texas. _
G3VEN UNDER. NY RAND AND SEAL OF OFFICE, This the �"
19x1. day of
Notary Public, Nueces County, Texas
voL 397 jai �I
THE STATE OF TEXAS) L MRS, HENRY E GOUGER,
COU : {:Y OF NUECES ) Clerk of the County Courl in
end for acid Coun v, hereby certify l oat the foregoing inel ument
dctsd the c�._7_. eoi,l- r "�``^',
•r: ^� the rt:hcole c „r :. •ems I.Ied ?ar rewrd in 2 y
:r •
a- 11ur -o' '.(>c.!f, Irt. _.YR!.1L�. Record of old
t• S.1 - _� )_ 7C_ _ -_ �n pc_ao. )'�.1 .=.
i
_y I--I aau r— c: the Co, nt�, - C-1-1 of r_.d County or
ofhcc In Carpus Ch-li. Texas, the• day —d Tear In'. ¢yore rrrltlon.
MRS. HENRY E. GOUGER
n
COUNTY , CCLERK, NJcC =S COUNN
THE STATE OF TEXAS) L MRS HENRY E. GOUGER,
COUNTY OF NUECES ) Clerk of the County Court in
rind for aritd Coun,!66do hereby certify that Jha foregoing iroonment
dated the _ __.e 1. - L,- • of -iA1 1g5J
y .vdh the rnl,mte of avAc- ,.Ixtion -ar. idad d In m
aura the t /9_ oar o _ w zaa
oclorheJd, and dnl. rca;_cd L'rc
ou T /AuYd__u�lo:�fJ.: _ _ r""V ' d id
Count,,-, m Vol _ _
W.hs:c -17 h:.:d cr�� � ,f the �� • t7 C"I �f ojaunty at
e ollIor in Carpus Clvic:t, Texaa, Cte dal curl -, — Ic1 above wriden.
MRS. HENRY E. GOUGER
COUNTY C-ERY.: NJCC_S COUNTY