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HomeMy WebLinkAbout05526 ORD - 10/21/1959.5'zL AN ORDINANCE AETEBMINING THE NECESSITY FOR AND ORDERING THAT THAT PORTION OF HALDWIN BOULEVARD FROM THE NEST BOUNDARY LINE OF PORT AVENUE TO THE SOUTH BOUNDARY LINE OF STATE HIGHWAY NO. 44, AGARITO 07REET 100 FEET EAST FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD, MORGAN STREET FROM BALDWIN BOULEVARD TO MOHAWK STREET, CHEYENNE STREET 100 FEET NORTH FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD AND PUEBLO AVENUE 100 FEET NORTH FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD BE IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTSt REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOPI SUCH IMPROVfiME m SHALL 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 portion of Baldwin Boulevard, Agarito Street, Morgan Street, Cheyenne Street and Pueblo Avenue, 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, tomwitt Baldwin Boulevard from the west boundary line of Port Avenue to the South boundary line of State Highway No. 44, Agarito Street 100 feet east from the North boundary line of Baldwin Boulevard, Morgan Street from Baldwin Boulevard to Mohawk Street, Cheyenne Street IGO feet North from the North boundary line of Baldwin Boulevard and Pueblo Avenue 100 feet North from the North boundary line of Baldwin Boulevard. 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 Public Works determines adequate sidewalks, curbs, gutters and driveways are 5526 Y 1 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 six (S ") inch lime stabilized clay base, three (3") inches of compacted select materials and the construction thereon of a six (e") inch hot mix asphaltic concrete base and surface. 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 1108-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 bereinabove set forth. SECTION 8. The cost of said improvements shall be paid as followst 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 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. -2-+ 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 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 (800) percent of the cost of an equivalent thirteen and one -half (131°) 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 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 Sub- section B above, but inclusive of the costs of all incidentals and -3- 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 /10th) 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 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 —Witt The amount of said assessments shall be payable in five (6) installments, the first of which shall be due and payable twenty (20) days after the date said IMP rovements are completed and accepted by the City Council, and the remaining four tively, one (1), two (2), three (3) (4) installments to be due and payable respec and four (4) years from and after the date of such acceptance, together with interest thereon from said data of acceptance at the rate of five (6%) percent per amen, 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 attorneys fees and collection costs, if incurred; however, it is specifically stipulated and provided that no assess- ment shall in any case be made against any property, or the real and true owns — thereof, in excess of the special benefits to accrue to such Property in the enhanced value thereof resulting from said improvements. SECTION 8. It is further provided as is stipulated by the provisions of —4— 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. Furthers 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 Baldwin Boulevard, Agarito Street, Morgan Street, Cheyenne Street and pueblo Avenue, within the limits hereinabove defined, and the further fact that the present condition of said portion 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 APPROVE this d day of October, A. D„ 1989, OR The City o Corpus Christi, Texas ATTEST: C ty cretary APPROVED AS TO LEGAL FORM: s' City Attorney —5— CORPUS CHRISTI, TEXAS DAY OF, 19� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY ORPUS ARISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY T ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.