HomeMy WebLinkAbout05234 ORD - 01/21/1959VOL 838 PAGE 24 -
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THE STATE OF TEXAS I
N 0 T I C E
COUNTY OF NUECES X
KNOW ALL MEN SY THESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council on the 21st day of °January, 1959,
by Ordinance No. -SZ 34 determined the necessity for and ordered the
improvement of the parts of Alameda Street, Avalon Street, Everhart Road,
Robert Drive and Airline Road within the City of Corpus Christi herein described
as follows: `
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The portions of Alameda Street from the Southeast boundary
of Doddridge Street to the northerly boundary of Oso Golf
Course, Avalon Street from the Southeast boundary line of
Everhart Road to the Southwest boundary line of Alameda
Street, Everhart Road from Alameda Street to Avalon Street,
Robert Drive from 30 feet south of the south boundary line
of .Avalon Street to 40 feet Northeast of the Northeast
boundary line of Alameda Street, and Airline Road from 120
feet North of the centerline of Alameda Street to 120 feet
South of the centerline of Alameda Street,
said streets, within the limits above described, to be improved by raising, grading,
filling, widening, paving, repaving or repairing same and by the construction, re-
construction, 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
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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. 5z 3 passed by the City Council on
January 21st, 1959, provided that the cost of said improvements shall be payable
upon completion and acceptance of said improvements by the City Council, in
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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 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
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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. Ray Kring, City Secretary, and'the official seal of said City to
be hereto affixed this the 21st day of January, A. D., 1959.
CITY OF CCR S CHR STI, TEXAS
By:
ity be tary
THE STATE OF, TEXAS_ X
COUNTY OF NUECES j
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.
I
1959 Given under my hand and seal of office this the 21st day of January, A.D.,
r....
y - :�i.�, Notary Public, Nueces County, Texas
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING
THAT THE PORTIONS OF AT.MEDA STREET FROM THE
SOUTHEAST BOUNDARY OF DODDRIDGE STREET TO THE
NORTHERLY BOUNDARY OF OSO GOLF COURSE, AVALON
STREET FROM THE SOUTHEAST BOUNDARY LINE OF
EVERHART ROAD TO THE SOUTHWEST BOUNDARY LINE OF
A MUDA STREET, EVERHART ROAD FROM MAMA STREET
TO AVALON ;STREET, ROBERT DRIVE FROM THIRTY FEET
SOUTH OF THE SOUTH BOUNDARY LINE OF AVALON STREET
TO FORTY FEET NORTHEAST OF THE NORTHEAST BOUNDARY
LINE OF ALAMEDA STREET, AND AIRLINE ROAD FROM ONE
HUNDRED TWENTY FEET NORTH OF THE CENTERLINE OF
ALAMEDA STREET TO ONE HUNDRED TWENTY FEET SOUTH OF
THE CENTERLINE OF ALAMEDA STREET; AND REwUIRING
THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE
PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVE -
MENTS; REWUIRING THE CITY SECRETARY TO FILE A
NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES
COUNTY OF THE ACTION HEREIN; PROVIDING HOW ETCH
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 to improve the portions of
Alameda Street from the southeast boundary of Doddridge Street to the northerly
boundary of Oso Golf Course, Avalon Street from the southeast boundary line of
Everhart Road to the southwest boundary line of Alameda Street, Everhart Road
from Alameda Street to Avalon Street, Robert Drive from 30 feet south of the
south boundary line of Avalon Street to 40 feet northeast of the northeast
boundary line of Alameda Street, and Airline Road from 120 feet north of the
centerline of :Alameda Street to 120 feet south of the centerline of Alameda
Street, in the manner herein provided:
NOVI, 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
I
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:
Alameda Street from the Southeast boundary of Doddridge Street to
the Northerly boundary of Oso Golf Course, Avalon Street from the
Southeast boundary line of Everhart Road to the Southwest boundary
line of Alameda Street, Everhart Road from Alameda 'Street to Avalon
Street, Robert Drive from 30 feet South of the South boundary line
of Avalon Street to 40 feet Northeast of the Northeast boundary line
of Alameda Street, and Airline Road from 120 feet North of the
centerline of Alameda Street to 120 feet South of the centerline of
.Alameda Street.
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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, re-
construction, 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 drain's, 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 (4 "),inch hot —
mix asphaltic concrete base and surface course with eleven (11 ") inch stabilized
clay base.
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, occupying, or crossing such streets or portions thereof
by
hereby ordered improved, shall be paid /the respective owners
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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
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State of Texas (1929) above identified.
B. The City of Corpus Christi shall pay the whole costs of
construction, reconstruction, or repair of the curbs, gutters,t
sidewalks and driveways1within 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 o
and driveways in front of the respective properties abutting said
streets.
C. The property abutting upon said streets, within the limits above
defined, zone& 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 cost of an equivalent thirteen and one —half (1311) 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, 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 (80%) percent of the entire costs of the side-
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walks, 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 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 /10ths) of the total cost
of said improvements, exclusive of the cost of curbs, gutters, side-
walks, 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 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 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 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,
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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 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. The fact that there is badly needed at this time permanent
street improvements on Alameda Street, Avalon Street, Everhart Road, Robert Drive
and Airline 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 portion 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 ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this 21st day of January, �A..�D.. ,, 1959.
ATTEST: "/,-- MAYOR
�� � The City of Corpus Christi, Texas
APPROVED Ta FORM:
C
A torney
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TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
CORPUS CHRISTI,TEXAS
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
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 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 VOTE:
FARRELL D. SMITH y
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO '
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
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1959