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AN ORDINANCE
DEM11NING THE NECESSITY FOR AND ORDERING
THAT THAT PORTION OF AYERS STREET FROM THE
NORTHEAST PROPERTY LINE OF BALUtJI N BOULEVARD
TO THE SOUTHWEST PROPERTY LINE OF NORTON
STREET BE IMPROVED; AM REQUIRING THE DIREC-
TCR OF PUBLIC WORKS TO PREPARE AND FILE PIANS
AND SPECIFICATIONS FOR THE PRCPCSED IMPROVE -
MENPS; REQUIRING THE CITY SECRETARY TO FILE
A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF
NUECES (P UNTY OF THE ACTION TAKEN HEREIN;
PROVIDING HOW SUCH IMPROVEMENTS SMIL BE PAID;
AND DECLARING AN Ei &RGENCY
WHEREAS, the City Council of the City of Corpus Christi, Texas,
has determined the necessity for, and has decided to improve Ayers Street
from the Northeast property line of Baldwin Boulevard to the Southwest
property line of Norton Street in the manner herein provided.
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 Council of the City of Corpus Christi, Texas, does hereby determine
that it is necessary to improve the following street within the said City
in the manner herein provided, to-wit:
Ayers Street from the Northeast property line of
Baldwin Boulevard to the Southwest property line
of Norton Street.
SECTION 2. That it is hereby ordered that said street, within
the limits above described, shall be improved by raising, grading, filling,
widening, paving, repaving, or repairing same, by the construction,recon-
struction, repairing, or re- aligning concrete curbs where the Director
of Public Works determines adequate curbs are not now installed on proper
grade and line, and by constructing 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 to be prepared by said Directo".
of Public Works; said paving to consist of the construction, reconstruction,
or repair of a four and one -half inch (kit') hot mix asphalt base course,
3� 3
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and the construction thereon of a substantial wearing surface of one and
one -half inch (lz °) hot mix asphalt surface course.
SECTION 3. In providing for and making such improvements, the
City Council hereby determines 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.
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 proposed improve-
ments covering the type of pavement, curbs and other incidentals and
appurtenances hereinabove set forth.
SECTION 5. The cost of said improvements s1n11 be paid as
follows:
A. The cost of constructing, reconstructing, or repairing
said improvements within the area between and urd er rails,
tracks, double tracks, turn -outs, and switches, and two (2)
feet on each side thereof, of any railway, street railway,
or irtnrurban, using, occupying, or crossing such street
or a portion 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
construction, reconstruction or repair of the curbs within
the intersections of said street with other streets and alleys
and -shall pay not less than one -tenth (1 /10th) of the total
remaining cost of said improvements on said street, exclusive
of the cost of the curbs in front of the respective properties
abutting upon said street.
C. The property abutting upon said street, within the limits
above defined, and the real and true owners thereof, shall be
assessed and pay for the total cost of constructing, recon-
structing, or repairing, as the case may be, 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 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 exclu-
sive of the costs of any storm sewers, but inclusive of the
costs of all incidentals and appurtenances. However, such
remaining costs to be assessed against and paid by abutting
property and the owners thereof shall not in any case exceed
nine- tenths (9 /1Qths) of the total cost of said improvements,
exclusive of the cost of curbs.
The amount 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 Hve (5)
equal anaual installments, the first of which shall be due and
payable twenty (20) days after the date said improvements are
completed and accepted by the City Council, and the remaining
four (4) installments to be due and payable, respectively,
one (1), U0 (2), three (3) and four (4) years from and after
the date of such acceptance, together wd.th interest thereon
from said date of acceptance at the rate of five per cent (5 %)
per annum, payable annually; provided, however, that the owners
of said property shall have the privilege of paying arty 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 arty 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 reasomable attorneyrs fees and collection costs, if
incurred; however, it is specifically stipulated and
provided that no assessment shall in arp case be made against
arty 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
provision of said Charter and laws above identified, that said improvements
may be omitted in f rant of any property exempt from the lien of special
assessment for street improvements without invalidating or affecting the
assessments against the other property abutting upon said street. Further,
the City Secretary of the City of Corpus Christi, Texas, is hereby author-
ized 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, Terms, among the Mortgage Records of said County.
SECTION 7. The fact that there is badly needed at this time
Permanent street improvements on Ayers Street, within the limits herein —
before defined, and the further fact that the present condition of said
portion of Ayers Street is dangerous to the health and public welfare of
the inhabitants of the City of Corpus Christi, Texas, due to the conditions
and increase of traffic along said portion of said street creates a public
emergency and public imperative 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 that such public emergency and imperative necessity exist, and
having requested that such Charter Rule be suspended, 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 ACCORDE G-
LY SO ORDAMII
PASSED AND APPROVED this �izday of A.D., 1952.
YOR
City of Corpus Christi, Texas
,ATTEST:
City Secretary
APPROVED AS TO LEGAL FORtd:
City Attorney
4 . .
Corpus Christi, Texas
TO Tf E MEMBERS OF Ti3E 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,
Respectfully,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest a
Sydney E. Herndonrj�
George L. Lowman
Frank E. Williamson_
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest Y
Sydney E. Herndon
George L. Lowman u
Frank E. Williamson
33o3
VOL 436 PABE304
THE STATE OF TEXAS
COUNTY OF NUECES N O T I C E
KNOW ALL AST BY THESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council, on the 12TH day of
AucusT A. D., 1952, by Ordinance No. 3303 , determined
the necessity for and ordered the improvement of certain portions of
--certain streets within the City of Corpus Christi, herein described as
follows:
Ayers Street from the Northeast property line of
Baldwin Boulevard to the Southwest line of Norton
Street,
within the City Limits of the City of Corpus Christi, Texas, said street,
within the limits above described, to be improved by raising, grading,
filling, widening, paving, repaving or repairing s ame and by the construc-
tion, reconstruction, repairing or re- aligning concrete curbs where the
Director of Public Works determines adequate curbs are not now installed
on proper grade and line, and by constructing 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 therefor as prepared by
said Director of Public Works.
That said Ordinance No. 3303 passed by the City Council on �q
�1 ✓
Aucusr 12 1952, provides that a portion o£'the costs of said
w
improvements shall be payable upon the completion and acceptance of said
improvements by the City Council or at the option of said oum er, in five
(5) equal installments, the first installment being due twenty (20) days
ca
after the completion and acceptance of such improvements by the said 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 and that said deferred payments shall
bear interest at the rate of five percent (5 %) per annum, payable annually.
And said Ordinance further provides that the amounts 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 City to be hereto affixed this the 12TH day of AUGUST
[EXAS 0
COUNTY OF NUECES ¢
CITY OF CORPUS CMISTI, TEXAS
BOU
City Secretary
Before me, the undersigned authority, on this day personally
appeared C. W. Vetters, City Secretary of the City of Corpus Christi,
Texas, kmown to me to be the person whose name is subscribed to the fore-
going instrument as City Secretary of the City of Corpus Christi, Texas,
and acknowledged to me that he signed the same in his capacity as such
City Secretary for the purposes and consideration therein expressed, and
as the act and deed of said City of Corpus Christi, Texas.
Given under my hand and seal of office this the 12TH day of
AUGUST A. D., 1952.
otary ic, uece ountyn exaa
JFAN moNTGOMF Texas
SSctSe +d Puhu'.. Yn zn° (ur Nueces County,
THE STATE OF TEXAS
CO"JaT: OF NUECES ) I, MRS HENRY E. GOUGER,
and for Clcrl: of the County Court in
said Couny', do hereby certify t a the (oreQomry instrument
doted Iho _....... �.
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office the , ° d (er record in m
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Coun:Z In Yol._...._ - .... -..
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Witnc:a ary F.ard c.ia6of (Lo CL1•_ t ConjcdCoQ
office In CorpugChristi, Tezac, tho day and year laal above wr.tfen.
�1 MrS" . HENRY E. GOUGER
COUNTY CLERK, NUECcS COUNTY
________ Ceputy -
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