HomeMy WebLinkAbout05106 ORD - 07/30/1958N
.AN ORD INANCE .] 1 0
DETERMINING THE NECESSITY FOR AND ORDERING
THAT THE PORTION OF LIPAN ;STREET FROM THE
WESTERLY BOUNDARY LINE OF NINETEENTH STREET
TO THE CENTER LINE OF PAL:•.4 DRIVE, UP RIVER
ROAD FROM THE CENTER LINE OF PALM DRIVE TO
THE EASTERLY BOUNDARY OF OLD ROBSTOWN ROAD,
AND UP RIVER ROAD FROM THE WESTERLY•BOUNDARY
LINE OF OLD ROBSTOWN ROAD TO THE SOUTHERLY
BOUNDARY LINE OF TEXAS STATE HIGHWAY #9 BE
nTPROVED;AND REwUIRING THE DIRECTOR OF PUBLIC
WORKS TO PP.EPARE 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 HOC/
SUCH IMPROVEMENTS SHALL BE PAID, AND DECLARING
AN EMERGENCY.
WHEREAS, The City ouncil of the City
Y ty of Corpus Christi, Texas, has
determined the necessity for, and has decided to improve the portion of Lipan
Street from the Westerly boundary line of Nineteenth Street to the center line
of Palm Drive, Up River Road from the center line of Palm Drive to the Easterly
boundary of Old Robstown Road and Up River Road from the Westerly boundary line
of Old Robstown Road to the Southerly boundary line of Texas State Highway No.
9, 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:
Lipan Street from the Westerly boundary line of Nineteenth Street
to the center line of Palm Drive,
Up River Road from the center line of Palm Drive to the easterly
boundary line of Old Robstown Road,
Up River Road from the westerly boundary line of Old Robstown
Road to the ;Southerly boundary line of Texas State Highway #9.
SECTION 2. That it 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
realigning concrete sidewalks, curbs, gutters and driveways where the Director of
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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, from Nineteenth Street to Palm Drive to
consist of the construction, reconstruction or repair of a six (6 "4 inch caliche
base course, a three (3") inch asphaltic base course and the construction thereon
of a substantial wearing surface of one and one -half (1j ") inch hot mix asphaltic
surface course and from Palm Drive to Texas State Highway 09, said paving to con-
sist of the construction, reconstruction or repair of a four and one -half (47j ")
hot mix asphaltic concrete base course, and the construction thereon of a'sub-
stantial wearing surface of one and one -half (1j ") 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 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,
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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. < F,
B. The City of Corpus Christi shall pay the whole costs of con-
struction, 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 one -tenth (1 /10th)
of the total remaining cost 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, 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 (1321) 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 streets, 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 (807c) percent of
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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 w "
respective property, and exclusive-of the amouni therein specified to
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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, 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 improvements,
exclusive of the cost of 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 B7orks.
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) install —{
ments, 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 (57) 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
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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 aAy property exempt from the lien of special assessment 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 df 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 Lipan Street and Up River Road, within the limits herein —
above 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 from and after its
passage, IT IS ACCOM INGLY SO ORD,'AINED.
0
PIISSID AND APPROVED this gCh day of July, A. DG
1
MAYOR
The City of Corpus Christi, Texas
ATTE7
�
'i Seerbtary
APPROVED
Cj(AASJ�TO� 1 ;XG FOR1I: 7 /,j �� f
"CTTSi ATTOE
s
TO THE MEMBERS-OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
a , 1958
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE'OF THE FORE-
GOING. ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SU §PENSION OF THE CHARTER'RULE OR REQUIREMENT THAT NO ORDINANCE OR,RESOLU-
TION SHALL BE PA93E0 FINALLY ON THE DATE IT IS INTRODU CEO , AND ' THAT SUCH
ORDINANCE OR'RESOLUTION SHALL BE�RHAD,ATTHREE MEETIN(iSyOF THE CITY
COUNCIL; I, THEREFORE, HEiREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REOUIREMENf AND PASS - THIS OR FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
��rlk 'K!7Z/�
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE..CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH ✓
W. J. ROBERTS
B. E. BIGLER v J
MANUEL P. MALDONADO ✓
CHARLIE J. RILLS r
ARTHUR R. JAMES /
ODELL INGLE /
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH `
W. J. ROBERTS A
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS ✓
ARTHUR R. JAMES
ODELL INGLE
7
i
ORDINANCE NO.
a
PASSED AND APPROVED THE DAY OF
^ JULY, 1958.
m I RECORDED IN VOLUME.? 9, PAGE 7 7•
v
oN �.
DETERMINING THE NECESSITY FOR AND
1 a m s ORDERING THAT THE PORTION OF LIPAN
zmo -t, STREET FROM THE WESTERLY BOUNDARY
_ LINE OF NINETEENTH STREET TO THE CEN-
TER LINE OF PALM DRIVE, UP RIVER ROAD
m I ' FROM THE CENTER LINE OF PALM DRIVE TO
NI THE EASTERLY BOUNDARY OF OLD ROBSTOWN
+ ROAD, AND UP RIVER ROAD FROM THE
S WESTERLY BOUNDARY LINE OF OLD ROBSTOWN
i ROAD TO THE SOUTHERLY BOUNDARY LINE
oOF TEXAS STATE HIGHWAY #9 BE IMPROVED;
AND REQUIRING THE DIRECTOR OF PUBLIC
r� WORKS TO PREPARE AND FILE PLANS AND
SPECIFICATIONS FOR THE PROPOSED IM-
PROVEMENTS; REQUIRING THE CITY SECRETAR)
TO FILE A NOTICE IN THE OFFICE OF THE
COUNTY CLERK OF NUECES COUNTY ETC.
P CITY OF CORPUS CHRISTI, TEXAS
116 LEGAL DEPARTMENT
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