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Home My WebLink About03455 ORD - 04/29/1953AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF PORT AVENUE FROM THE SOUTH BOUNDARY LINE OF AGNES STREET TO THE NORTH BOUNDARY LINE OF MORGAN AVENUE BE IMPROVED, AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, OF THE ACTION TAKEN HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; 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 PORT AVENUE FROM THE SOUTH BOUNDARY LINE OF AGNES STREET TO THE NORTH BOUNDARYLINE OF MORGAN AVENUE IN THE MANNER HEREIN PROVIDED. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC�L OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE EXISTS A PUBLIC NECESSITY FOR, AND THE CITY COUNCIL OF THE CITY OFCORPUS CHRISTI, TEXAS, DOES*EREBY DETERMINE THAT IT IS NECESSARY TO IMPROVE THE FOLLOWING STREET WITHIN THE SAID CITY IN THE MANNER HEREIN PROVIDED, TO -WIT: PORT AVENUE FROM THE SOUTH BOUNDARY LINE OF AGNES STREET ' TO THE NORTH BOUNDARY LINE OF MORGAN AVENUE. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS WITHIN THE LIMITS ABOVE DESCRIBED SHALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, REPLACING OR REPAIRING SAME, BY THE CONSTRUCTION,4FWONSTRUCTION, REPAIRING OR RE- ALIGNING CONCRETE SIDEWALKS, CURBS AND GUTTERS WHERE'THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS, CURBS AND GUTTERS ARENDT NOW IN- STALLED 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 DIRECTOR OF PUBLIC WORKS; SAID IMPROVEMENTS TO CONSIST OF THE CONSTRUCTION, RECONSTRUCTION O11R11 REPAIR OF AN EIGHT FOOT (5') COMBINED SIDEWALK AND CURB AND /OR A FOUR FOOT (4 1) SIDEWALK AND SEPARATE CURB ABUTTING THE PROPERTY OF EACH ABUTTING PROPERTY OWNER ON SAID PORT AVENUE BETWEEN THE SOUTH BOUNDARY LINE OF AGNES STREET AND THE NORTH BOUNDARY LINE OF MORGAN AVENUE. SECTION 3. IN PROVIDING FOR AND MAKING SUCH IMPROVEMENTS, THE CITY COUNCIL HEREBY DETERMINES TO PROCEED UNDER, AND IN THE EXERCISE OF,THE POWERS, 3{55 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 IMPROVEMENTS COVERING THE YPE OF PAVEMENT, SIDEWALKS, CURBS AND GUTTERS, 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 SAID IMPROVEMENTS 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 INTERURBAN, 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 RAtL- WAY, 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 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 CONSTRUCTION, RECONSTRUCTION OR REPAIRING, AS THE CASE MAY BE, OF CURBS, GUT7ER5 AND SIDEWALKS IN FRONT OF THEIR RESPECTIVE PROPERTIES ABUTTING UPON SAID STREET. HOWEVER, NO ASSESSMENT WILL BE MADE FOR SIDEWALKS, CURBS AND GUTTERS TO REPLACE EXISTING SIDEWALKS, CURBS AND GUTTERS ON THE SAID STREET WHICH ARE NOW DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS. 904 C. THE CITY OF CORPUS CHRISTI, FROM FUNDS APPROPRIATED FOR SUCH PURPOSE SHALL PAY ALL THE REMAINING COSTS OF SAID IMPROVE- MENTS, EXCLUSIVE OF THE AMOUNT HEREIN SPECIFIED TO BE PAID BY ANY RAILWAYS STREET RAILWAYS OR INTERURBANy AS SET OUT IN SUB- SECTION A ABOVE, AND BY THE PROPERTY ABUTTING UPON SAID STREET AND THE REAL AND TRUE OWNERS THEREOFy AS SET OUT IN SUB- SECTION B, ABOVE. 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 TWO (2) EQUAL INSTALLMENTS, THE FIRST OF WHICH SHALL BE DUE AND PAYABLE TWENTY (20) DAYS AFTER SAID IMPROVEMENTS ARE COMPLETED AND ACCEPTED BY THE CITY COUNCILS AND THE REMAINING INSTALLMENT SHALL BE DUE AND PAYABLE ONE (1) YEAR AFTER THE DATE OF SUCH ACCEPTANCE, TOGETHER WITH INTEREST THEREON FROM SAID DATE OF ACCEPTANCE UNTIL PAID AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM) PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY SHALL HAVE THE PRIVILEGE OF PAYING ALL OF THE AMOUNT OF SUCH ASSESSMENT AT ANY TIME BEFOREMATURITY BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUES TOGETHER WITH INTEREST ACCRUEDj TO THE DATE OF PAYMENT; FURTHER, THAT IF DEFAULT BE MADE IN PAYMENT OF ANY OF SAID INSTALLMENTS OF PRINCIPAL OR IN- TEREST, PROMPTLY AS SAME MATURES THEN AT THE OPTION OF THE CON- TRACTOR, OR ASSIGNS, THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH SUCH DEFAULT IS MADE SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE, TOGETHER WITH REASONABLE ATTORNEYS 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 TRUE OWNERS THEREOF IN EXCESS OF THE SPECIAL BENEFITS TO ACCRUE TO SUCH PROPERTY IN THE ENHANCED VALUE THEREOF RESULTING FROM SAID IMPROVEMENTS. -3- SECTION 6. IT IS FURTHER PROVIDED AS IS 571PULATED BY THE PROVISION OF SAID CHARTER AND LAWS ABOVE IDENTIFIED, THAT SAID IMPROVEMENTS MAY BE OMITTED IN FRONT 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 AUTHORIZED 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, TEXAS, AMONG THE MORTGAGE RECORDS- OF SAID COUNTY- SECTION 7. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME PERMANENT STREET IMPROVEMENTS ON PORT AVENUE WITHIN THELIMITS HEREINBEFORE DEFINED, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF PORT AVENUE IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS OF THE �ITY OF CORPUS CHRISTI, 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 THATNO 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 CHART -ER 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 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS / .DAY 0 APRIL, 1953• 4-6k;�� 1. MAYOR 1clu-vi ST:�p. THE ITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LE FORM: CITY ATTORNEY CORPUS CHRISTI, TEXAS 1953 Ifnit, L.7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE2 HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, zen/mz�� Iq MAYOR CITE' OF PUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELI-Roy KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 3'� 55 THE STATE OF TEXAS I VOL 46 P,'rA 35 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 40T'I CE THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 29TH DAY OF APRIL, 1953, BY ORDINANCE No. 3455, DETERMINED THE NECESSITY FOR -'AND ORDERED THE IMPROVE- MENT OF CERTAIN PORTIONS OF CERTAIN STREETS WITHIN THE CITY OF CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS; PORT AVENUE FROM THE SOUTH BOUNDARY LINE OF AGNES STREET TO THE NORTH BOUNDARY LINE OF MORGAN AVENUE, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SAID STREET WITHIN THELIMITS ABOVE DESCRIBED TO BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, OR REPAIRING SAME BY THE CONSTRUCTION, RECONSTRUCTION, REPAIRING OR RE- ALIGNING CONCRETE CURBS AND GUTTERS AND SIDEWALKS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE CURBS, GUTTERS AND SIDEWALKS ARENOT 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. 3455 PASSED BY THE CITY COUNCIL ON APRIL 29, 1953, PROVIDES THAT A PORTION OF THE COSTS OF SAID IMPROVEMENTS SHALL BE PAYABLE UPON THE COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS BY THE CITY COUNCIL OR AT THE OPTION OF SA4D OWNER IN TWO (2) EQUAL INSTALLMENTS, THE FIRST INSTALL- MENTS, THE FIRST INSTALLMENT BEING DUE TWENTY (20) DAYS AFTER THE COMPLETION AND ACCEPTANCE OF SUCH IMPROVEMENTS BY THE SAID CITY COUNCIL AND THE REMAINING INSTALLMENT TO BE DUE AND PAYABLE ONE (1) YEAR FROM AND AFTER THE DATE OF SUCH ACCEPTANCE AND THAT SAID DEFERRED PAYMENTS SHALL BEAR INTEREST AT THE RATE OF FIVE PER CENT (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. va 467 FcEt36 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 29TH DAY OF APRIL, A. D. 1953• ITYLFIIIRPU ECRE e CITY TARY BEFORE ME, THEUNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED C. W. VETTERS, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AS CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, AND ACKNOWLEDGED TO ME THAT HE SIGNED THESAME IN HIS CAPACITY AS SUCH CITY SECRETARY FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF SAID CITY a F. .CORPUS CHRISTI. ,,. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 29TH DAY of APRIL, s G 4 �e rw e 11 . T. PAIRY), NorARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS � trrnmtnn° Tp 1, 1,1RS. HENRY E. GOUGM OF —v" ) G - the C nth C art M -- NLE. - ) �,- said C. h tI:, 1 ^5'1 dated th n vil�c fkA v?`% tss.i / as .y /_3s 13 Coup:,, u n.y V vE(ice in Coypus C::a,ci.. - Ivi GOUGEH COJNTY C._t: NUTC.:S COUNTY Deputy B