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HomeMy WebLinkAbout03146 ORD - 10/16/1951AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF SANTA FE STREET FROM LOUISIANA AVENUE TO ROSSITER STREET IN THE CITY OF CORPUS CHRISTI,BE IMPROVED BY PAVING THE SAME AND CON- STRUCTItdG CURBS AND GUTTERS ALONG SAID STREET; ' ORDERING PLANS AND SPECIFICATIONS TO BE PREPARED BY THE DIRECTOR OF PUBLIC WORES FOR THE PROPOSED IMPROvEMENTS, AND.IN THE EVENT SAME HAVE ALREADY BEEN PREPARED, ORDERING THAT SAME BE- FILED; PRO- VIDING HOOP SUCH IMPROVEMENTS SHALL BE PAID; AUTHOR - IZING AND DIRECTING THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI TO PREPARE A NOTICE BY AND FOR THE CTPY OF THE ACTION TkEEN HEREIN AND TO FILE SANE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE AND. DEED RECORDS OF SAID COUNTY; 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 Santa Fe Street from Louisiana Avenus to Rossiter Street in the 4 ' City of Corpus Christi, Texas, as hereinafter fully described by constracting,,pavement.. curbs, and gutters thereon: NOW., THEREFORE, BE IT ORDAINED BY T HE 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 Christis Texas, does hereby determine that it is necessary to improve that portion of Santa Fe Street from Louisiana Avenue to Rossiter Street 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 construc- tion of pavements curbs and gutters, by raising, gradi.ngs filling., widening, paving, repaving$, or repairing same, and by the construc- tion, reconstruction, repairing or re- aligning concrete curbs and gutters where the Director of Public Works determines adequate curbs and gutters are not now installed on proper grade and line on said portion of said street, 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 constructing, reconstructing or re- pairing of a 42" hot mix asphaltic (concrete) mix base course and the construction thereon of a substantial wearing surface of 12" hot asphaltic surface surface course. ' -1- � J SECTION 3. in providing for and making such improvements, the City Council hereby determines to proceed under, and in the exer- cise of,.,the pourers, 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 110rb, 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 pro- posed improvements covering the type of pavement, curbs and gutter, 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 (not including gutters) within the area between and under rails, tracks, double tracts, 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 owners thereof and assessed against such railway, street railway or interurban, 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 City of Corpus Christi shall pay the whole cost of costruction, reconstruction, or repair of the curbs and gutters with- in the intersections of said street with other streets and alleys, the whole cost of construction of the gutters and appurtenances there- to, if any, and shall not pay 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. -2- 0. 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 constructing, reconstruct- ing or repairing as the case may bey 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 railways street rialway, 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, and exclusiie of the cost of all incidentals and appurtenances. Howevers no assessment will be made for curbs to replace existing curbs on the said streets within said limits which are now deemed adequate by the Director of Public Works. How- ever, such remaining costs to be assessed against and paid by abut- ting property and the owner 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 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) 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 shall have the privilege of paying any one of, or all of, such installments at any time before maturity thereof -3- 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 assessments upon which such de- fault is made shall be and become immediately due and payable, to- gether 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 trite 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 provision of said Charter and laws above identified, that said im- provements may be omitted in front of any property exempt from the lien of special assessment for street improvements without invali- dating 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 the City of the action taken herein and to have same filed by the County Clerk of Nueces County, Texas, among the Mortgage and Deed Records of said County. SECTION 7. The fact that there is badly needed at this time permanent street improvements on Santa Fe Street from Louisiana Avenue to Rossiter Street and that said improvements should be constructed immediately to the benefit of the Public Health, Safety, and General Welfare, create a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or reso- lution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and III necessity to exist., having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction and take affect and be in full force and effect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED This the ` day of Octobers 1951- MAYOR ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS Ci•�y Secretary APPROVED AS TO LEGAL FORM: Ci y Atto r ey Corpus Christi, Texas TO THE MEMBERS 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 Councils Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wassezman / Jack DeForres -b Barney Cott Q� Sydney E. Herndcn George Lo Lohman The above ordinance was passed by the following votes Leslie YYasserman. Jack veForrest _ Barney Cott Sydney E. Herndon ' George Lo Lowman p 5 - 314�