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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 r­V­1 L_,_J 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, -2- M y 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 -3- 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 t 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 —4— M 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 { I' • tl a 5