HomeMy WebLinkAbout03240 ORD - 04/08/1952AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING
THAT ANTELOPE STREET IN THE CITY OF CORPUS
CHRISTI, TEXAS, WITHIN THE LIMITS HEREIN
DEFINED, BE IMPROVED IN THE MANNER HEREIN
PROVIDED; ADOPTING AND APPROVING PLANS AND
SPECIFICATIONS FOR SUCH IMPROVEMENTS PRE-
PARED BY THE'DIRECTOR OF PUBLIC WORKS AND
NOW ON FILE; DIRECTING SAID DIRECTOR OF
PUBLIC WORKS TO PREPARE -AND FILE WITH THE
CITY COUNCIL AN ESTIMATE OF THE COST OF
SUCH IMPROVEMENTS AND A WRITTEN STATEMENT
OF THE NAMES OF THE OWNERS OF PROPERTY
ABUTTING ON SAID PORTION OF SAID STREET;
PROVIDING THE MANNER IN WHICH THE COST OF
SUCH IMPROVEMENTS SHALL BE PAID, AND FOR,,
INCIDENTAL MATTERS; DIRECTING THE CITY ;SEC
RETARY TO PREPARE AND FILE A NOTICE OF`THE
ENACTMENT HEREOF WITH THE COUNTY CLERK OF
NUECES COUNTY; DECLARING THAT THIS ORDIN-
ANCE AND ALL FURTHER PROCEEDINGS RELATING
TO SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTI-
CLE 1106 -b OF THE REVISED CIVIL STATUTES OF
TEXAS; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi,
Texas has heretofore determined the public necessity for and decided
to improve ANTELOPE STREET from the East Property Line of Carrizo
F
Street to the East Property Line of Nueces Bay Boulevard in the City
of Corpus Christi, Texas, as herein described, by constructing pave -
went, curbs and gutters thereon; and Plans and Specifications for
such improvements have been prepared by the Director of Public Works
and submitted toait, and having examined and considered such Plans
and Specifications has decided to proceed with the improvement of
such portion of said street:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That there exists a public necessity for,and
the City of Corpus Christi, Texas does hereby determine that it is
necessary to improve that portion of Antelope Street from the East
Property Line of Carrizo.Street to the East Property Line of Nueces
Bay Boulevard within said City, in the manner herein provided.
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SECTION 2. That it is hereby ordered that said street,
within the limits above defined shall be improved by the construc-
tion of pavement, curbs and gutters, by raising, grading, 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 4aid
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 prepared by said Director of Public Works;
said paving to consist of the constructing, reconstructing or re-
pairing of a 4-1/20 hot mix asphaltic (concrete) mix base course and
the construction thereon of a substantial wearing surface of 1 -1/20
hot asphaltic surface course. That the area of said street, if any,
lying between and under the rails, tracks, turn -outs and switches,
and two feet on each side thereof, of any railway, street railway or
interurban using, occupying or crossing said street hereby ordered
improved, shall be improved with such type of construction and of
such material or materials, end to such specifications and standards
as the Director of Public Works of said City may deem adequate and
suitable therefor, whether the improvements of such areas be of the
same construction and materials adopted for the other areas of said
street or not.
SECTION 3. In providing for and making such improvements,
the City Council hereby determines to proceed under, and in the exer-
cise 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.
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SECTION 4, The Director of Public Works of the City of
Corpus Christi, Texas, having been heretofore directed to prepare
and submit, and having prepared and submitted to the City Council
complete Plans and Specifications for such proposed improvements cov-
ering the type of pavement, curbs and gutters, and other incidentals
and appurtenances thereto, said Plans and Specifications so prepared
and submitted are hereby expressly approved and adopted,
* SECTION 5. The Director of-Public Works is hereby direct-
ed to prepare forthwith'an estimate of the cost of such improvements,
as provided by Article 1105 --b of the Revised Civil Statutes of Texas,
and to prepare also a written statement containing the names of the
persons, firms, corporations and estates owning property abutting
upon said portion of the street to be improved, stating the number of
front feet owned by each, describing such property either by lot and
block number or in any manner sufficient to identify it.
SECTION 6. 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
tracks, turn-outs and switches, and two (2) feet on
each side thereof, of any railway, street railway or in-
terurban, using, occupying or crossing such street 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 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, known as
Article 1105 —b of the Revised Civil Statutes.
(b) The City of Corpus Christi shall pay the
whole cost 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 any, 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 prop -
erties,abutting upon said streets.
(c) The property abutting upon said streets
within the limits above defined and the real and true own— .
era thereof, shall be assessed and pay for the total cost
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of constructing, reconstructing or repairing, as the
case may be, of curbs in front of their respective prop-
erties, 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
(b) above, and exclusive of the cost of all incidentals
and appurtenances. However, 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. However, such remain-
ing costs to be assessed against and paid by abutting
property and the owner thereof shall not in any case ex-
ceed nine- tenths (9/10) of the total cost of said im-
provements, exclusive of the cost of curbs.
The mounts payable by the abutting property
and the real and true owners thereof shall be assessed
against such property and the real and true owners there-
of, 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) years from and after the date of such
acceptance, together with interest thereon from said date
of acceptance at the rate of five (5 %) per cent per an-
num, 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 by paying the total amount of principal
due, together with interest accrued, to the date of pay-
went; 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 default is made shall be and become immediately due
and payable, together with reasonable attorneyts fees and
collection costs, if incurred; however, it is specifical-
ly 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 7. In the levying and making of such assessments,
if the name of any owner be unknown, it shall be sufficient to so
state the fact, and if any property be owned by an estate or by any
firm or corporation, it shall be sufficient to so state the fact,
and it shall not be necessary to give the correct name of any owner,
but the real and true owner of the property referred to and described
shall be liable and the assessment against said property shall be
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valid, whether or not such owner be named or correctly named or not.
Said improvements may be omitted in front of any property exempt
from the lien of special assessment for street improvements by reas-
on of its homestead status without invalidating or affecting the as-
sessments against other property abutting upon said street.
SECTION 8. The City Secretary is hereby directed to cause
to be filed a Notice of the adoption of this 'Ordinance with the
County Clerk of Nueces County, Texas, pursuant to the provisions of
Article 1220 -a of the Revised Civil Statutes of Texas.
SECTION ,9. The fact that there is badly needed at this
time permanent street improvements on Antelope Street, within the
limits hereinabove defined, and that said improvements should be con-
structed 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 ordin-
ance or resolution shall be passed finally on the date of its intro-
duction and that such ordinance or resolution shall be reed at three
several meetings of the City Council, and the Mayor, having declared
such emergency and necessity to exist, having requested the suspen-
sion of said Charter rule 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, IT IS ACCORDINGLY PASSED AND
APPROVED This 'the 8th day of April, 1952.
MAYOR
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
2L AAon
City Secretary
APPROVED AS TO LEGAL FORM:
...zz �-- it-, �_
. City Attorn
Corpus Christi, Texas
6 19S —Z
TO TUE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion 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,
Respectf lly,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
&
Sydney E. Herndon
Gw!eriL
George L. Lowman
Frank E. Williamsong`
The above ordinance was passed by
the following vote:
Leslie Wasserman
15C� c
Jack DeForrest
C-
Sydney E. Herndon
.
George L. Lowman
Frank E. Williamson
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