Loading...
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. _�q4o 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. - 2 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 — 3 — 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 - 4 - 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 3�40