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Home My WebLink About04640 ORD - 10/10/1956i F 1 AN ORDINANCE DETERKINING THE NECESSITY FOR AND G DERING THAT THE PORTION OF SOUTH STAPLES STREET FROM THE. SOUTHEASTERN BOUNDARY LINE OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST CF THE SOUTHEASTERN, BOUNDARY LINE OF EVERHAP.T.ROAD, ZWEART ROAD FRCM THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND GOLLIHAR ROAD FR34 THE SCUTH- EASYERN BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET BE IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC MORES TO PREPARE AND FILE PLANS AND SIECIFICATIONS FOR THE PROPOS® IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE CFFICE OF THE COUNTY CLERS OF NUCCES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID, AND DECLARING AN EMERGENCY. WHEREAS, The City Council of the City of Corpus Chriati, Texas, has determined the necessity fort and has decided to improve the portion of South Staples Street from the Southeastern boundary line of Hamlin Drive to a point 853.7 feet Southeast of the Southeastern boundary line of Everhart Road, the portion of Everhart Road from the Southwestern boundary line of South Staples Street to the Southwestern boundary line of Gollihar Road, and the portion of Gollihar Road from the Southeastern boundary line of Everhart Road to the South- western boundary line of South Staples Street, in the manner herein provided: TEXAS: NOW, THEE, BE IT ORDAnW BY THE CITY COUNCIL OF CORPUS CHRISTI, 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 streets within the said City in the manner herein provided, to -wit. South Staples Street from the Southeastern boundary line of Hamlin Drive to a point 853.7 feet Southeast of the Southeastem boundary line of Everhart Road Everhart Road from the Southwestern boundary line of South Staples Street to the Southwestern boundary line of Gollihar Road. Gollihar Road from the Southeastern boundary line of Everhart Road to the Southwestern boundary line of South Staples Street. SECTION 2. That it is hereby ordered that said streets, within the limits above described, shall be improved by raising, grading, filling, widen- ing, paving, repaving, or repairing same, by the construction, reconstruction, q6qo repairing or realigning concrete sidewalks, curbs, gutters and driveways where: the Director of Public Works determines adequate sidewalks, curbs, gutters and driveways are not now installed on proper grade and line, and by constructing ouch 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 (4-j") inch hot -mix asphaltic concretes base course, and the construction therecm of a substantial wearing surface of one and one-half (l * ") inch hot -mix asphaltic surface course. SECTIM 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. SMTICN 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 type of pavement, sidewalks, curbs, gutters and driveways, 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 streets or portions thereof hereby ordered improved, shall be paid 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, gutters, sidewalks and driveways within the intersection of said streets with other streets and alleys, the whole cost of construction of storm sewers and appurtenances thereof, if any, and shall pay not less than me -tenth (1 /10th) of the total ruining coat of said, improvements exclusive of the cost of the sidewalks, curbs, gutters and driveways in front of the respective properties abutting said streets. C. The property abutting upon said streets, 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, reconstruc- tion or repairing, as the case may be, of sidewalks, curbs, gutters and driveways 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 (131) 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 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, wed or 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 costs of the sidewalks, curbs, gutters, and driveways 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 Subsection A above, and by the City of Corpus Christi as set out in Subsection B above, brat inclusive of the costs of all incidentals an& 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 ease exceed nine- tenths (9/10) of the total cost of said improvements, exclusive of the cost of curbs, gutters, sidewalks, and driveways. However, no assessment will be made for sidewalks, curbs, gutters and drive- ways on the said streets which are now deemed adequate by the Director of public Works. The amount payable by the abutting property, and the reel and true owners thereof, shall be assessed against such property, and the real and true owners thereof, and shall conatitute a first and prior lion upon such abutting property and a personal liability of the real and true owners thereof, and shall be payable as follows, to -Witt 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) install - meats to be due and payable respectively, one (1), two (2), three; (9) 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, 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, se same matures, then at the option of the Contractor, or assigns, the entire amount of the assessment upon which such default is made shalt be and become Immediately due and payable, together with reasonable attorneyts fees and collection costs, if incurred; however, it is specifically stipu- lated 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. SECTION 6. It is further provided as is stipulated by the provisions of said Charter and laws above identified, that said improvements may be omitted in front of any property exempt fran the lien of special assessaent for street Improvements without invalidating or affecting the assessments against the other property abutting upon said streets. 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. Mae fact that tyre is badly needed at this time permanent street improvements on South Staples Street, Everhart Road and Gollihar Road, within the limits hereinabove 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 Christi, due: 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 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 frcmm and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this 10th day of October, A. D., 1956. /J. ,41(1111 MAYOR AMST, The City of Corpus Christi, Teems /S City Seeret APPROVED AS TO LEGAL FORM: �! P" 1 toraey 1 CORP CH RI TI, TEXAS t� Qi� 1956 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 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 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH -ALL" /�j MINOR CULL] Rp W. J. ROBERTS B. E. BIGLER U MANUEL P. MALDONADO r THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH (i^C MINOR CULL I I��Q�✓ W. J. ROBERTS r J'� B. E. BIGLER MANUEL P. MALDONADO j i 4�q o v 634 GL Vol TER STATE OF TEXAS COUNTY OF NUECES SNOW ALL Mffid BY THESE PRESENTS: That the City of Corpus Christi, Texas, acting by and through its duly elected and constituted City Council on the 10th day of October, 1956, by Ordinance Nb. O determined the necessity for and ordered the Improve- ment of portions of certain streets within the City of Corpus Christi herein described as follows: South Staples Street from the Southeastern boundary line of Hamlin Drive to a point 853.7 feet Southeast of the South- eastern boundary line of Everhart Road, Everhart Road from the Southwestern boundary line of South Staples Street to the Southwestern boundary line of Gollihar Road, Gollihar Road from the Southeastern boundary line of Everhart Road to the Southwestern boundary line of South Staples Street, within the city limits of the City of Corpus Christi, Texas, said streets, 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, gutters and drive- ways where the Director of Public Works determines adequate sidewalks, curbs, gutters and driveways are not now installed on proper grade and line, end ty constructing such storm severs 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 of Public Works. c That said Ordinance No. 4110 passed by the City Council cn October 10, 1956, 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 accept- ance 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 THE STATE OF TEXAS COUNTY OF NUECES. � I, Mrs- Henry E. Gouger, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument ----- -- ----- ------ -------- --------- ------------ - -- ---- -- - - ------ --- ------ Dated this_ - --- -_ - -- /_ 0 ___ - - __ - day of ------------ ---- - ------ - -------- ---- ------- - 19.4.-, with its certificate of authentication, was filed for record in my office the 10 day of -_. - -_ - ____ - - .— 19"_ , at .- V-!'_O. -F- o'clock - _. -r,- - M., and duly recorded the 4A day of 0 ------ --- --- - - - -- 19j, - - --, M., in ..... ... .... ... . -- - ------ ----- -------- --- ------ - ---- -- - ---- ---- - -- - -- Record Record of said County, in Vol. - - on Pages - -- .3 ------------- - - ---- -- -- -- - - - --- --------- - - - - ---- Witness my hand and seat of the County Court of said County at office in Corpus Christi, Texas, the day and year last above written. Mrs. Henry E. Gouger, By_( ---------- --- - Deputy County Clerk, Nueces County. THE STATE OF TEXAS COUNTY OF NUECES_ � 1, Mrs. Henry E. Gouger, Clerk of the county Court in and for said County, do hereby certify that the foregoing instrument -------- - ------ - --- ------ - -1 ------ - - ------- - - - - -- Dated Dated this clay of_ -___ (P J - - --- -_ - -- -- - ---- - 19 s6_ with its certificate of authentication, was filed for record in MY office the ----- - - I o --- -day of---- 19 S-G at.L+,'o.V__.o'clock, M., and duly recorded the _LA - day Of----- - ------- 19- -51� at ---o'clock M•, in -- ----- - --------- - - - of said Count', in Vol..... .. (p -, on Pages --- -1-Y V - Witness my hand and s-xd of the County Co . urt of said County at office in Corpus Christi, Texas, the day and year last above written. By J,7� t, C,_ Deputy Mrs. Henry E. Gouger, County Clerk, Mueces County. jL VOL thereof, to be assessed against said property and said true owners thereof shall constitute a first and prior lien cc 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 To Ray Kring, City Secretary, and the official seal of said City to be hereto affixed this the 10th day of October, A. D., 1956. CITY OF CORMS CHRISTI, TEXAS By_ JeL, � Cit& ,8a etas THE STATE OF TE7CAS p COUNTY OF NUECES Before me the undersized authority, on this defy personally appeared T. Ray Sling, City Wretary of a City of Corpus Christi, Texas, lmomn o me to be the person whose name is subscribed to the foregoing instremient as City Secretary of the City of Corpus Christi, Texas, and aelmowledged 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. Given under my hand and seal of office this the 10th day of October, A. D., 1956. Notary Pabl c, Ideces County, Texas r; e� �V d y :'u 4�8 .8,11. 4 00yx 05