HomeMy WebLinkAbout021379 ORD - 04/28/1992AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT(S)
OF THE FOLLOWING STREET(S) IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS:
WYNN SEALE AREA STREET IMPROVEMENTS, PHASE I
15TH STREET FROM AYERS STREET TO SOUTH STAPLES STREET
REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND
FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO
FILE NOTICE IN THE OFFICE OF THE COUNTY, CLERK, NUECES COUNTY,
TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH
IMPROVEMENT(S) SHALL BE PAID;
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi deems it necessary to
permanently improve the hereinafter named street(s) within the City
of Corpus Christi:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the following street(s) shall be
improved by the raising, grading, filling, widening, paving,
repaving, or repairing same, by the construction, reconstruction,
repairing or realigning concrete sidewalk, curbs, gutters and
driveways where the City Engineer determines adequate sidewalks,
gutters and driveways are not now installed on proper grade and
line, and by constructing such storm sewers and drains, together
with all other incidentals and appurtenances, all as deemed
adequate by the City Engineer and as provided for in the plans and
specifications for such improvements, said street(s) to be paved
and curbs and gutters installed as shown on the plans and
specifications for such improvements on file in the office of the
City Engineer:
Wynn Seale Area Street Improvements, Phase I
15th Street from Ayers Street to South Staples Street.
Collectively called "Street" herein.
SECTION 2. That the cost of said improvements shall be
assessed against property and paid for as set out in Section 49-21
of the Corpus Christi Code of Ordinances.
No such assessments shall be made against any owner of abutting
property, or of a street railway or steam railway, if any, until
after the notice and hearing provided by law, and no assessment
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shall be made against an owner of abutting property in excess of
the benefits to such property in enhanced value thereof by means of
such improvements.
That part of the cost of the improvements which shall be determined
to be levied against the owners of abutting property and their
property shall be levied by assessment as provided therein, and
said improvements may further be secured by Mechanic's Liens to be
executed in favor of the City of Corpus Christi, provided by law in
accordance with the terms and provisions of this ordinance.
The City Engineer is directed to coordinate the preparation of
plans and specifications and file same with the City Council for
the hereinabove described improvements. That in the specifications
prepared, provision shall be made to require all contractors to
maintain, for a term not less than one year, all pavements and
improvements hereinabove described, if, in the judgment of the City
Council, it is deemed advisable to require same.
That the specification shall require the bidder to make a bid upon
the type of improvements above described, with maintenance
requirements as herein provided.
That the specifications shall also state the amount of the
performance bond and payment bond, each of which shall equal the
amount of the bid, as well as the method by which it is proposed to
pay the cost of said improvements, said method being in accordance
with this ordinance.
SECTION 3. That the City Council, in initiating this
proceeding, is acting under the terms and provisions of the Act
passed as the First Called Session of the Fortieth Legislature of
the State of Texas and known as Chapter 106 of the Acts of said
Session, together with any amendments thereto, now shown as Article
1105b of Vernon's Texas Civil Statutes, which said law, as an
alternative method for the construction of street improvements in
the City of Corpus Christi, Texas, has been adopted by the said
City.
SECTION 4. That after approval by the City Council of
plans and specifications, bids shall be taken for the construction
of the work for the type of construction enumerated above and set
forth in said plans and specifications, and the work shall be done,
with the materials and according to plans and methods selected by
the City Council, after the bids are opened and contract awarded.
SECTION 5. That it is further provided as is stipulated
by the provisions of the Charter of the City of Corpus Christi,
Texas, and the 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
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said street. Further, the City Secretary of the City of Corpus
Christi, Texas, is hereby authorized and directed to prepare a
notice in the name of the said City of Corpus Christi of action
taken herein and to have same filed by the County Clerk of Nueces
County, Texas, among the Deed Records of said County.
SECTION 6. That upon written request of the Mayor or
five Council members, copy attached, to find and declare an
emergency due to the need to take immediate action to preserve and
protect public property by expediting the construction of public
improvements, such finding of an emergency is made and declared
requiring suspension of the Charter rule as to consideration and
voting upon ordinances at three regular meetings so that this
ordinance is passed and shal ke effect o fi t reading as an
emergency measure this the day of , 1992.
ATTEST.
City Secretary
nye
APPROVED: di DAY OF
JAMES R. BRAY JR., CITY ATTORNEY
By CI W c )Ct a,Oi
MAYOR
THE CITY OF CORPUS CHRISTI
, 1992
Assistant City Attorney
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CORPUS CHRISTI, TEXAS
Z: day of
p(j), 19 (t 2
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS:
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon
ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced, or at the present meeting
of the City Council.
Respectfully, Respectfully,
COUNCILMEMBERS
MAYOR
The above ordinance was passed by the following vote:
9.:#
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
THE CITY OF CORPUS CHRISTI
021379