HomeMy WebLinkAbout04858 ORD - 09/11/1957TAE STATE OF TEXAS Q� pp T nn mp rx.nt /a[
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CODNfY OF NBF;CES QQ
KNOW 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 lltb day of September, 1957, by
Ordinance No. determined the necessity for and ordered the improvement
of portions of certain streets within the City of Corpus Christi herein described
as follows:
Morgan Street from the center line of Coma Drive to the westerly
boundary line of Nineteenth Street,
Prescott Street from the westerly boundary line of Brownlee Boulevard
to a point approximately 100 feet west of the westerly boundary line
of Brownlee Boulevard,
Nineteenth Street from the south boundary line of Morgan Street to the
northwesterly boundary line of Niagara 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, reconstruction, repairing or re-
aligning 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 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 glens and
specifications for such improvements thereof as prepared by said Director of Public Works.
That said Ordinance No. - }_ > <> �', nsased by the City Council on September
11, 1957, provided that the cost of said improvements shall be payable, upon
a completion and acceptance of said improvements by the City Council, in five (5)
equal installment., 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 fogs (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.
THEREFORE, the City of Corpus Christi, Texas, has caused this notice to
be filed by T. Bay Kring, City Secretary, and the official seal of said City to
be hereto affixed this the llth day of September, A. D., 1957.
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CTTY oF, ams #M I, T
City ecretaiy
THE STATE OF TEXAS Q
COUNTY OF NUECES Q
Before me, the undersigned authority, on this day personally appeared T.
Ray Kring, 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, Texas, and acknowledged 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 11th day of September,
A. D., 1957.
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Notary Public, Nueces Comity, Texas
MRS DORio FR'AN�)S
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AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THAT
THE PORTION OF MORGAN STREET FROM THE CENTER LIRE
OF OCEAN DRIVE TO THE WESTERLY BOUNDARY OF NINETEENTH
STREET, PRESCOTT STREET FRCM THE WESTERLY BOUNDARY
LINE OF BROWNLEE BOULEVARD TO A POINT APPROXIMATELY
100 FEET WEST OF THE WESTERLY BOUNDARY LINE OF BROWNLEE
BOULEVARD, AND NINETEENTH STREET FROM THE SOUTH BOUNDARY
LINE OF MORGAN STREET TO THE NORTHWESTERLY BOUNDARY LINE
OF NIAGARA STREET 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 OF THE ACT IDN 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 ti improve the portion of Morgan Street from the
center line of Ocean Drive to the westerly boundary of Nineteenth Street, Prescott
Street from the Westerly boundary line of Brownlee Boulevard to a point approximately
100 feet west of the westerly boundary line of Brownlee Boulevard, and Nineteenth Street
from the South boundary line of Morgan Street to the northwesterly boundary line of
Niagara Street, in the manner herein provided:
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUMIIL 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 streets within the said City in the manner herein provided,
to-wit:
Morgan Street from the center line of Ocean Drive to the westerly boundary
line of Nineteenth Street,
Prescott Street from the westerly boundary line of Brownlee Boulevard to
a point approximately 100 feet west of the westerly boundary line of
Brownlee Boulevard,
Nineteenth Street from the south boundary line of Morgan Street to the
northwesterly boundary line of Niagara Streets
SECTION 2. That is is hereby ordered that said streets, within the limits
above described, shall be improved by raising, grading, filling, widening, paving,
repaving, or repairing same, by the construction, reconstruction, repairing or re-
aligning 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 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 (4*") inch hot -mix asphaltic concrete base course, and the
construction thereon of a substantial wearing surface of one and one -half (1i")
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 1062 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 Cbristi,
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 tinder 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,
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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 lees than
one tenth (1 /10th) of the total remaining cost of said improvements
exclusive of the cost of the sidewalka, 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, reconstruction 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 coat of an equivalent thirteen and one -ball UAI ) feet of
pavement width abutting their respective property, exclusive of the amount
therein specified to be paid by any railway, street railway, or inter-
urban, as set out in Shbsebtlon A above, and by the City of Corpus Christi
as set out in Subsection H 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 need 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 costa 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 S above,
but inclusive of the coats 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 improvements, exclusive of the cost of
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curbs, gutters, sidewalks, and driveways. However, no assessment will
be made for sidewalks, curbs, gutters and driveways on the said streets
which are now deemed adequate by the Director of Public Works.
The &moist 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
respectively, 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 aonually;
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,
as same matures, then at the option of the Contractor, 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 attorney's
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.
SECTICK 6. R 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 axempt from the lien of special assessment for street
improvements without invalidating or affecting the assessments against the other
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Property abutting upon said streets. Further, the City Secretary of the City of
Corpus Christi, Texas, is hereby authorised and directed to prepare a notice in
the name of said City of the action taken herein and to have mane 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 Morgan Street, Prescott Street and Nineteazrth Street,
within the limits hereinabove defined, and the further fact that the present
condition of said portions of said streets 7s 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 from and after its passage, 1T IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this 11th day of September, A. D., 1957.
ATTEST� •�
City Secretary ,,/
APPROVED AS TO LEGAL FORM:! /"
y1
` City ttorney
MAYOR
The City of Corpus Christi, Texas
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CDRP CHRISTI, TEXAS
, 1937
TO THE MENBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEAS
_ GTATLEMEMI
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR HE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR'RESOLU-
.
T ION SHALL BE PASSED FINALLY ON THE DATE IT IE INTRODUCED. AND THAT SUCH
..
ORDINANCE OR RESOLUTION SHALL BE 'READ AT THREE NEE . Timrs 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 INTRO-
DUCED, OR AT THE PRESENT MEETING OF TXE CITY COUNCIL.
RESPECTFULLY,
MAYOR iJl-�Lr
THE CITY OF CORPUs FR IST I, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
HANUEL P. MALDONADO,
CHARLIE J. AILLS
ARTHUR R. JAMES
GCC,l
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
FARRELL D. SMITH,
W. J. ROBERTS
B. E. BIGLER
HANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
�Tr
ODELL INGLE
1 9_59