HomeMy WebLinkAbout05006 ORD - 04/09/1958AN ORDINANCE NO. 5006
DETEPNIINING THE NECESSITY FOR AND ORDERING
THAT THAT PORTION OF KOSTORYZ ROAD FROM THE
SOUTHIVEST PROPERTY LINE OF SOUTH STAPLES
STREET TO THE N011THEAST PROPERTY LINE OF
LEXINGTON BOULEVARD BE IMPROVED; AND
R.EWUIRING THE DIRECTOR OF PUBLIC WGRKS TO
PREPARE AND FILE PLANS AND SPECIFICATIONS
FOR THE PROPOSED IMPROVEMENTS; REWUIRING
THE CITY SECRETARY TO FILE A NOTICE IN THE
OFFICE OF THE COUNTY CLERK OF NUECES COUNTY
OF THE ACTION HEREIN; PROVIDING HOW SUCH
IMPROVEMENTS SHALT, BE PAID; AND DECLARING
AN EMERGENCY.
WREREAS, The City Council of the City of Corpus Christi, Texas, has determined
the necessity for, and has decided to improve the portion of Kostoryz Road from the
Southwest property line of South Staples Street to the Northeast boundary line of
Lexington Boulevard, 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 streets within the said City in the manner herein provided, to —wit:
Kostoryz Road from the Southwest property line of South Staples Street to
the Northeast boundary line of Lexington Boulevard.
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, reconstruction, 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 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 (41 ") inch hot —mix asphaltic
concrete base course, and the construction thereon of a substantial wearing surface of
one and one —half (IA ") inch hot —mix asphaltic surface course.
SECTION 3. In providing for and making such improvements, the City Council
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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 improvements covering the type of pavement, side-
walks, 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 street, 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 street with other streets and alleys,
the whole cost of construction of storm sewers and appurtenances thereof,
if any, and shall pay not less than one —tenth (1 /10th) of the total remain-
ing cost of said improvements exclusive of the cost of the sidewalks, curbs,
gutters and driveways in front of the respective properties abutting said
street.
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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, gutters and driveways in front of their respective property, and shall
be assessed and pay eighty (8076) percent of the cost of an equivalent thirteen
and one—half (131t) 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 street, within the limits above
defined, zoned or used for other than one— or two — family dwelling units, and
the real and true owners thereof, shall be assessed and pay eighty (8017.) 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, 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 /10ths) of the total cost of said
improvements, exclusive of the cost of curbs, gutters, sidewalks, and drive-
ways. However, no assessment will be made for sidewalks, curbs, gutters
and driveways on the said street. which are now deemed adequate by the
Director of Public Storks.
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
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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 (590) 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, 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.
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 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 Cbristi, 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 Rostoryz Road, within the limits hereinabove 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
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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 .9th day of April, A. D. 1958.
ISAYOR
The City of Corpus Christi, Texas
ATTEST: 6��
City ecret ry
APPROVED AS TO LEGAL FORM:
Cit Attorney
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CORPUS CHRISTI,, TEXAS
® � 1958
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING. ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT 00 ORDINANCE OR Rf SOLU-
TIFI SHALL THE D,AT THREE INTRODUCED, AND THAT SUCH
TION SHALL BE PASSED FINALLY ATE I 0 �
ORDINANCE OR RESOLD L BE REA MEETINGS OF THE CITY
COUNCIL; I, THEREFORE, HEREBY REOU
YOU SUSPEND HART'ER RULE
E3T THAT PEND SAI O C`.,
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, 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 VOTES
FARRELL D. SMITH
-
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
IlAx
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLL ING VOTES
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
�.o
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
Q
I L500(42
VDL 688 PAGE
VOL 808 PAGE
THE STATE OF TEXAS Y
N O T I C E
COUNTY OF NUECES I
KNOW ALL NEN BY THESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council on the '4th day of April, 1958, by
Ordinance No. 5006 determined the necessity for and ordered the improvement
of a portion of Kostoryz Road within the City of Corpus Christi herein described
as follows:
Kostoryz Road from the Southwest property line of
South Staples Street to the Northeast boundary line
of Lexington Boulevard,
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, reconstruction,
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
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 of Public Works.
That said Ordinance No. 5006 passed by the City Council on April
9t4 1958, 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 much acceptance and
that said deferred payments shall bear interest at the rate of five (5%) percent
VOL 688 part
per annum, payable annully. And said Ordinance further provided that the amounts
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payable by the abutting property, and the real and true owners thereof, to be
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assessed against said property and said true owners thereof shall constitute a a
first and prior lien on such abutting property and a personal liability of the 00Q
real and true owners thereof,
0
TREREFORE, the City of Corpus Christi, Texas, has caused this notice
to be filed by T. Ray Rring, City Secretary, and the official seal of said City
to be hereto affixed this the day of ' 'i -. , A. D., 1958.
CITY OF CCRPUS CHRISTI, TEXAS
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City S cr tary
THE STATE OF TEXAS I
COUNTY OF NUECES i
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 day of
A. D., 1958,
a v,
G Notary Public, Nueces County, Texas
h_
5cbh
T S�'><'M1" ?iF T"A S) i, rs°s. PrTEY E. doom,
COUNTY Ot' 1JU C£S Clorl; of the County Co -' !II
that the for olug Sastrumed
and for said CO unfY do hereby certify 195
dated the .� —day oi.- -
with the c fmie of authenti n w i195i� �d,�m7
office day of
o'd and duly Tsoaded of said
195 U eda - -
County, in Vol sx�8 on page
Witness my hand and seal of the Count �t county e year OHIO* In COq. ChAsti, Terns, she day
MRS. HENRY E. GOUGED
COUNTY CLFLRK, NUECWS COON"
THE STATE OF TEXAS } 4 WM i!Tr M 8
COUNTY OF NUECES ... Clerk of the Cotm4T Cctat #1
and for said County, do hereby cerHlY th fl.2-1990ing hatrumed
.952. --
dated tha day of
With the tcate aF authon !eaiioq an Filed �Soq record in mY --
1952
_ - o'dock.A M. and duly recordFd the_l -xday Ot-
195.$.- at -1 -o c ock. f sold
-!R __ —_an Pages
C'�aw!.1'� in Vol -, -_
ny h_:ul.ac'.d �d c.t thc, C_oty Court of said County at
Ccra'm �v'!`.rlHi TN_srs, th', day. and Year last above writlem
MRS. HENRY E. GOUGER
� Ll eGOUiVTY Gtr V UECEti COUNTY.
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