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HomeMy WebLinkAbout03051 ORD - 05/29/1951• s x 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