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Home My WebLink About03991 ORD - 12/22/1954.,� ",� .,.vs•yat_tesi «a,K �.. ... nab; }i.e�t{:>>; =•M." � _ AN ORDINANCE ' DETEI@fINING THE NECESSITY FOR AND ORI�G - " THAT THAT PORTION OF BALDWIN BOULEVARD FROM THE NORTHEASTERLY EXTENSION OF THE SOUTHEAST PROPERTY LINE OF BAUM PARK, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS TO THE EAST PROPERTY LINE OF PORT AVENUE, BE IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IlO?ROVEMENTS; - REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION TAM 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 Baldwin Boulevard from the Northeasterly extension of the Southeast property line of Baldwin Park, an addition to the City of Corpus Christi, Nueces County, Texas, to the east property line of'Port Avenue, in the manner herein provided: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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: Baldwin Boulevard from the Northeasterly exten- sion of the Southeast property line of Baldwin Park, an Addition to the City of Corpus Christi, Nueces County, Texas, to the East property line of Port Avenue. 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, re- construction, repairing or realigning 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 (4411) inch hot-mix asphaltic concrete base course, and the construction thereon of a substantial wearing surface of one and one -half (12t') inch hot -mix 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 -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, 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 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 intersection of said street with other streets and alleys, the whole cost of construction of storm sewers and appurtenances thereto, if any, and shall • . ,.�.F ww,r^; • -. : �. +..'cawr yap « - pt{p aot°less than one -tenth (1 /10) - o£'the totel'semaining 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 street,- within�ths 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 pap eighty (80%) percent of the cost of an equivalent thirteen and one -half (73JI ) 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 Subsection A above, and by the , City of Corpus Christi as set out in Sub- section 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 street, within the limits above defined, zoned or used for other than one- or two - family dwelling units, and the real and true owners there- of, shall be assessed and pay eighty (80%) percent of the entire costa of the sidewalks, curbs and gutters abutting their respective property, and shall be assessed and pay forty (40%) percent of the entire cost of the pavement abutting their respective property, and exclusive of the amount therein specified to be paid by any railway, street railway, or interurban, as set out in Slab- section A above, and by the City of Corpus Christi as set out in Slab- section B above, but inclusive of the costs of all incidentals and appurtenances. However, the total costs 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 improve- ments, exclusive of the cost of curbs. However, no assessment will be made for sidewalks, curbs and gutters on the said street which are now deemed adequate by the r 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 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) 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 from 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 privilege of paying one of, or all of, such installments at any time before maturity thereof $' 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 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 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. J _- 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 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 Baldwin Boulevard within the limits hereinbefore defined, and the further fact that the present condition of said portions of said street is dangerous to the health and public welfare of the inhabitants of the City of Corpus Christi, due to the conditions and increase of traffic along said portions 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 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this �, �dny of /�.� A. D.,1954. d MAYOR, THE CITY OF CORPUS CHRISTI, ATTEST ' City Secret / City A torney Co Christi, Texas A . /1 L 1954 To THE MMERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: e. For the roaaoss set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exLst.for the suspen- sion of the Charter Rule or requirement that no ordinanc4.or resolution sbail be passed finally on the date it is introduced, and that 4iuch ordinance or resolution shall be reed at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finall,q on the date it is introduced, or at the present meeting of the City Council. Respectfully;, MAYOR CITY OF CORPUS CHRISTI, ��• The Charter Rule was suspended. by the following vote: P. C. Callaway E11roy Sing James S. Naismith W. James Brace F. P. Peterson, Jr. The above ordinance was passed by the following-note: P. C. Callaway' BSlroy fig,. . ' James S. Naismith / W. James Brace F. P. Peterson, Jr. '3991