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Home My WebLink About03917 ORD - 11/03/1954t�Ni .i AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF EIGHTEENTH STREET I" THE SOUTH PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY LINE OF NAPLES STREET, THAT PORTION OF NAPLES STREET FROM THE NORTH- EAST PROPERTY LINE OF BALDWIN BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET, AND THAT PORTION OF BALDWIN BOULEVARD FROM THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTHEASTERLY EXTENSION OF THE SOUTH- EAST PROPERTY LINE OF BAUM PARK, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUEGES COUNTY, TEXAS, HE REPROVED; AND REQUIRING THE DDWTOR 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 NUEGES COUNTY OF THE ACTION TAKEN HEREIN; PROVIDING HOW SUCH IMPROVE40TS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Tema, has determined the necessity for, and has decided to Improve Eighteenth Street from the south property line of Louisiana Street to the north Property line of Naples Street, Naples Street from the northeast property line of Baldwin Boulevard to the southwest property line of Eighteenth Street, and Baldwin Boulevard from the southwest property line of Eighteenth Street to the northeasterly extension of the southeast property line of Baldwin Park, an addition to the city of Corpus Christi, Nueces County, Teams, in the meaner herein provided: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION le 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 streets within the said City in the manner herein provided, ta.witr Eighteenth Street from the south property line of Louisiana Street to the north property line of Naples Street, Naples Street from the northeast property line of Baldwin Boulevard to the southwest property line of Eighteenth Street. Baldwin Boulevard from the southwest property line of Eighteenth Street to the northeasterly extension of the southeast property line of Baldwin Park, an addition to the City of Corpus Christi, Nueces County, Texas. .IFtaJI�M.°ir+K<•• -•. � •MiSdif:%V•Y�':Y t' ".. Km. h�llM�(yti�4b'. 1 n SECTION 2. That it is hereby ordered that said streets within the limits above described shell be improved by raising, grading, filling, widening, paving, repaving or repairing same, by the construction, re- construction, repairing or realinging concrete sidewalks, curbs and gutters where the Director of Public Works determines adequate sidewalks, curbs and gutters 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 Director of Public Works; said paving to consist of the construction, reconstruction or repair of a four and one -half (yip) inch hot -mix asphaltic concrete base course, and the construction thereon of a substantial wearing surface of one and one -half (1jp) inch hotomix asphaltic 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- Celled 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 Texaa, 1925, as emended. 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, sidewalks, curbs and gutters, and other incidentals and appurtenancealhereinabove set forth. SECTION 5. The cost of said improvements shall be paid as followss 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) feetton each side thereof, of any railway, street railway, or interurban, using, occupying, or crossing such streets x 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 costs of construction, reconstruction, or repair of the curbs and sidewalks within the intersections of said streets 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 properties abutting upon said street. C. The property abutting upon said streets, wittiin the limits above defined, zoned for one. and two-family dwelling, units, and the real and true owners thereof, shall be assessed and pay for eighty (80%) percent of the total cost of construction, reconstruction or repairing, as the case may be, of sidewalks, curbs and gutters In front of their respective property, and shall be assessed and pay eighty (806) percent Of the cost of an equivalent thirteen and one -half (13if) feet of pavement width abutting their respective property, exclusive of the amount therein 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 Subsection B above, and exclusive of the costs of any storm sewers, but inclusive of the costs of all incidentals and appurtenances• The property abutting upon said streets, within the limits above defined, zoned or i used for other than one- or two-family dwelling units, and the real and true owners thereof, shall be assessed and pay eighty (80%) percent of the entire coats of the sidewalks, curbs and gutters abutting their respective property, and shall be assessed and pay forty (40%) per. cent of the entire cost of the pavement abutting their rasp active property, and exclusive of the amount therein specified to be paid by any railway, street railways or inter urban, as set out in Sib - section A above, and by the City of Corpus Christi as set out in Sib - section H above, but inclusive of the coats of all incidentals andg4=tenancss. However} the total costa to be assessed against and paid by abutting property, and the real and true owners thereof, shall not in any case exceed nine.- tenths (9/10) of the total cost of said improvements, exclusive of the cost of curbs. However, no assessment will be made for side- walks, curbs and gutters to replace existing sidewalks, curbs and gutters on the said streets which are now deemed adequate by the Director of Public Works. 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 sball 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) 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 res- pectively, one (1), two (2), three (3) and four (4) years from and after the date of such acceptance, together with interest thereon fran said date of acceptance at the rate of five (5%) percent per annum, payable annually; provided, however, that the owners of said property shall have the ,rz- Sao-. privilege of paying one ofy or all of, such installments at any time before maturity thereof by paying the total amount of principal due, together with interest accruedy to the date of payment; further, that if default be made in payment of any of said installments of principal or interest, promptly as same maturesp then at the option of the Contractor, or assigns, the entire amount of the assess. ment upon which such default is made shall be and become immediately due and payable, together with reasonable attorney=s fees and collection costs) if incurred; however, it is specifically stipulated and provided that no assess- ment 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. a SECTION 6. It is further provided as is stipulated by the provisions of said Charter and laws above identified, that said improve- ments 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 streets, Fwther, the City Secretary of the City of Corpus Christie Texas is hereby authorized and directed to prepare a notice in the name of said City of the action taxen nerein and to have same filed by the County Clerk of Nueces County, Texas, among the Mortgage Records of said County. SECTICN 7. The fact that there is badly needed at this time permanent street improvements on Eighteenth Streets Naples Street and , Baldwin Boulevard within the limits hereinbefore defined, and the further fact that the present condition of said portions of said streets is dangerous to the health and public welfare of the inhabitants of the City of Corpus Cariati, flue to the conditions and increase of traffic along said portions of said streets 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 aban be read at three several meetings of the City Coenc4, 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 passagep IT I5 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this 3rd day of Novembers A. D.� 1954. MAYOR City of Corpus Christi, Texa ATTEST: City, See etary, !V // APPROVED AS TO LEGAL FORH: City Attorne :,-a,1,:pY1rr ,Y;,,;..,.} . - .�JN••, .y. • -, ,. x+�m*�',i�:A�° ^, CORPUS CHRISTI, TEXAS ,1954 TO THE 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 SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDNANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEO, 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 13 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: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH K W. JAMES BRACE ( \ F. P. PETERSON, JR/ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES P. C. CALL i ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR. GI.DT•y� .. 391-7 , _.,._