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HomeMy WebLinkAbout03303 ORD - 08/12/1952..�R•-., ,: ; ?, r�'w,-_ °e . ,. * � ",'.7'. va•• �. yS L':x.x r r�s � .- ,.c'�T�� �i����,t� L»„^t,:: • v�.• F" .. .. � �� "y� �' , -� i� � � � Aj i 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 x 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 _....... �. �.- _..__. tvi:h lhx ccrIIf -c•:o c: c;;';,- .,•• --.�:� - "..._._ -.. _� office the , ° d (er record in m o clod: _, ..,,.Ai. and dtby . Coun:Z In Yol._...._ - .... -.. - s ?- --= t�ccrd said 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 - t 1 , 73 :3 ., ... i.,... _[. J: t 1 , 73 :3 ., ... i.,...