HomeMy WebLinkAbout04155 ORD - 03/09/1955AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING
THAT THAT PORTION OF ALAMEDA STREET FROM THE
NORTH PROPERTY LINE OF LOUISIANA AVENUE TO THE
SOUTH PROPERTY LINE OF DODDRIDGE STREET, BE
• IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC
WORKS TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS FOR THE PROPOSED IMPROVEM NTS; REQUIRING
THE CITY SECRETARY TO FILE A NOTICE IN THE CFFICE
OF THE COUNTY CLERK OF NUEGES COUNTY OF THE
ACTION HEREIN; PROVIDING HOW SUCH IMPROVEAENTS
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 Alameda Street
from the North property line of Louisiana Avenue to the South property line
of Doddridge Street, 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:
Alameda Street from the North property line of Louisiana
Avenue to the South property line of Doddridge Street
SECTION 2. That it is hereby ordered that said street within the
limits above described shall be improved by raising, grading, filling, widen.
ing, paving, repaving, or repairing same, by the construction, reconstruction,
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 stoxm
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 (4-2L°) inch hot -mix asphaltic
concrete base course, and the construction thereon of a substantial wearing
surface of one and one -half (lz") 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,
YI �5
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 Riblic 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, Terms,
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, gutters
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 pay not less than
one —tenth (1 /10) of the total remaining cost of said improve-
ments exclusive of the cost of the sidewalks, curbs and gutters
in front of the respective properties abutting upon said
street.
C. The property abutting upon said street, within 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
(80%) percent of the cost of an equivalent thirteen and
one —half (1 3-21-) 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 costs 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 Sub— section A above,
and by the City of Corpus Christi as set out in Sub— 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 (410) of the total cost of said improvements,
gutters and sidewalks.
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 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 (Q) 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 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 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
attorneyts 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.
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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 affect-
ing 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 Alameda Street, within the limits herein —
above defined, and the further fact that the present condition of said portion
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 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 ift Hall force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this 9th day of March, A. D., 1955.
MAYOR
The City of Corpus Christi, Texas
ATTEST' O
City Secretary 1
APPRO�D AS (LEGAL /FORM:
CORPUS CHRISTI, TEXAS
1955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN;
FOR THE REASONS SET FOJtTH 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, 1, 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;
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH -!
W. JAMES BRACE !
F. P. PETERSON, JR,
Y
ylss
VOL 560 PAGE349
THE STATE OF TEXAS 0 VOL 679 9 PAGE169
COUNTY OF NUECES N O T I C E
IMOW ALL MEN BY THESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council on the 9th day of March,
1955, by Ordinance No. 4LI Ld, determined the necessity for and ordered
the improvement of a portion of a certain street within the City of Corpus
Christi herein described as follows:
Alameda Street from the North property line of Louisiana
Avenue to the South property line of Doddridge 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 same and by the construction, recon-
struction, repairing or re- aligning 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
thereof as prepared by said Director f Public Works.
That said Ordinance No J passed by the City Council on
March 9, 1955 provided that the cost of said improvements shall be payable,
upon completion and acceptance of said improvements by the City Council,
in five (5) equal installments, the first installment being due twenty (20)
days 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 (5 %) percent per annum, payable annually. And said
Ordinance further provided 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.
VOL 679 PAGE170
THEREFORE, the City of Corpus Christi, Texas, has caused this
p
-D notice to be filed by T. Ray Kring, City Secretary, and the official seal
of said City to be hereto affixed this the day of March, A. D.9
1955.
CITY OF CORPUS CHRISTI, TEXAS
J
O
By. `
it erne any
^' m
THE STATE OF TEXAS
COUNTY OF NUECES v '
. b r> I
Before me, the undersignedx _6.rig, on' this day personally
appeared T. Ray Kring, City Secreta �f the�City o£ :Corpus Christi, Texas,
known to me to be the person whose is subscribed to the foregoing
instrument as,City Secretary of the itjr of t0orpus Christi, Texas, and acknow.
ledged to me that he signed the same his capacity aZ such City Secretary
for the purposes and 'consideration t Min E ressed, ead as the act and
deed of said City of Corpus Christi.
Q « ' Given under my hand and seal of office this the day of
tKarch, A. D., 1955.
No Public, Nueces County, Texas
''� FS'p'`= 3`�•=�F.'o MADELON SCHREINER
•`rrrrl,' ,�'r4 "` 24.t.7 cS°an. for Nn covetr. T. '
Pubu
THE STATE OF TEXAS } 1, MRS. HENRY E. GOUGEtL
OOUNTY OF NVECES Clem of the County Court to
and for said Coun , do hereby certify that the foregoing instrument
dated the t -_day oL.._....�...�.
with ffie mte of authenf!�c_a-tion was tiled for rec ld m my
�_t95.5.:. at_.3 :L�_
a, and duly recorded the /,S-day a1____. 3
195= cd 10 ]' o'clock#L•.M. in_..__- f�_-!'_� -Record of said
County, to Vol.__...�2�._.._._�.nn pages._/6 Z_ 4_2 o
Witneas my hand and seal of the County Court of said County al
af6ce in Corpus ChridL Texas, the day and Yom hart above written,
Cou+Sa�trHCLMMYU09", ccF�GE�
121E STATE Or TEXAS )
1• MRS Hi:hRy E GUtJritn
COUt:TY Or t,-UECES }
Clerk
and for said Co- n do h,, 'by
terrify that the foregoing Inehutnem
dated th, . .... ..... r,' r d
ct.. '.. IY• }.,
with the cnr4licate c' a,'a
oltire the.
nn •:•:. !'e{ for retard i, m}
...da .'
odoek.f- M and duly _ .,
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1951. at.1?S_•, c'cicai
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County, in Vof ... dr h.9 .
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Wuness my h,rod artj scat of the
Cc:•:::; C r .'t of said CI,unty vv
office in Corpus Christi, Taxa,, the day and yea- last above Britton.
MRS. HENRY E. GGUGER
COUNTY CLERK, NUECES COUNTY
4250 ,33
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MRS. H E N R q. G OURd E Cta—in - G- I e i
NUIZCES COUNTY,
• FILED F0RftbOkP
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