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HomeMy WebLinkAbout06939 ORD - 06/26/1963. __T__ AN ORDINANCE ,E DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF LUM STREET, FROM GOLLIHAR ROAD TO McARDLE ROAD; LAMBERT STREET, FROM LUM STREET TO EXISTING CURB AND GUTTER, WEST P.L. KOOLSIDE ADDITION; FRANCIS STREET, FROMILUM STREET TO EXISTING CURB AND GUTTER, WEST P.L. KOOLSIDE ADDITION; FRANCIS STREET, FROM BOBALO STREET TO LUM STREET; AND BOBALO DRIVE, FROM DORTHY DRIVE TO FRANCIS STREET BE IMPROVED; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI DEEMS IT NECESSARY TO PERMANENTLY IMPROVE THE HEREINAFTER NAMED STREETS 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 Streets 1. Lambert Street, from Lum Street to Existing Curb & Gutter,West P.1. Koolside Addn. 2. Francis Street, £ rom Lum Street to Existing Curb & Gutter,West P.1. Koolside Addn. 3. Francis Street, from Bobalo Street to Lum Street 4. Lum Street, from Gollihar Road to McArdle Road 5. Bobalo Drive, from Dorthy Drive to Francis Street SHALL BE IMPROVED IN THE FOLLOWING MANNER, TO -WIT: (1) THAT SAID Streets SHALL BE CUT OR FILLED SO AS TO BRING SAME TO GRADE. (L) THAT SAID Streets SHALL BE PAVED FROM CURB TO CURB WITH Subgrade, 8" compacted caliche base, triple asphalt surface, standard 6" concrete curb and gutter, 4' wide 4" thick concrete sidewalks, and standard 6" reinforced concrete driveways where specified. ANY EXISTING CURBS AND GUTTERS, SIDEWALKS OR CONCRETE DRIVEWAYS IN PLACE, FLEETING THESE SPECIFICATIONS, OR WHICH CAN BE UTILIZED, IF ANY, SHALL BE LEFT IN PLACE, AND CORRESPONDING CREDITS TO THE PROPERTY OWNERS SHALL BE ALLOWED ON THE ASSESSMENTS. I -SP -1 fim THAT THE COST OF SAID IMPROVEMENTS SHALL BE ASSESSED AGAINST ADJOINING PROPERTY AND PAID FOR AS FOLLOWS, TO -WIT: (A) THE COST OF IMPROVING SO MUCH OF SAID STREET AND THEIR INTER- SECTIONS WITH OTHER STREETS AND ALLEYS AS IS OCCUPIED BY THE RAILS AND TRACKS OF STREET RAILWAYS AND STEAM RAILWAYS, IF ANY OCCUPYING SAID STREETS, AND BETWEEN THE SAME AND TWO (2) FEET ON THE OUTSIDE THEREOF, SHALL BE PAID BY THE OWNERS OF SAID RAILWAYS RESPECTIVELY. (B) THE CITY OF CORPUS CHRISTI SHALL PAY AN AMOUNT EQUAL TO THE COST OF STORM SEWERS, AND ALSO ALL THE COST OF IMPROVING INTERSECTIONS OF SAID STREET WITH OTHER STREETS AND ALLEYS, AND PARTIAL ADJUSTED FRONTAGES ON PROPERTY, EXCEPT SO MUCH THEREOF AS SHALL BE BORNE BY STREET RAILWAYS AND STEAM RAILWAYS, AS PRO- VIDED IN SUBSECTION (A), AND ALSO THE CITY SHALL PAY THE BALANCE OF THE COST OVER AND ABOVE THE COST ASSESSED AGAINST THE ABUTTING PROPERTY AND PROPERTY OWNER PROVIDED IN SUBSECTION (C). (C) THAT AFTER DEDUCTING THE PROPORTION OF THE COST PROVIDED FOR IN SAID SUBSECTIONS (A) AND (8) ABOVE, THE WHOLE REMAINING COST, INCLUDING THE COST OF CONCRETE CURBS AND GUTTERS, DRIVEWAYS, AND SIDEWALKS SHALL BE ASSESSED AGAINST ADJOINING PROPERTY AND PAID BY THE OWNERS OF PROPERTY ABUTTING ON SAID STREET TO BE PAVED, IN -THE FOLLOWING MANNER, TO-WIT: OWNERS OF PROPERTY ZONED OR USED OTHER THAN "R -1", °R -2", OR CHURCH PROPERTY ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED THE ENTIRE COST OF DRIVEWAYS AND SHALL BE ASSESSED EIGHTY PER CENT OF THE COST OF THEIR ONE -HALF OF THE STREET IMPROVED, WHICH SHALL BE ONE FOUR -FOOT WIDE SIDEWALK, CURB AND GUTTER AND ONE -HALF OF THE PAVEMENT WIDTH ABUTTING THE PROPERTY, AS DETERMINED BY APPLYING THE UNIT PRICES OBTAINED BY SIDS TO THE CALCULATED QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. IN THE EVENT THAT A SIDEWALK IS INSTALLED WHICH IS GREATER THAN FOUR FEET IM WIDTH, THE PROPERTY OWNER SHALL PAY ONE HUNDRED (100%) PER CENT OF THE COST OF THAT PORTION THAT EXCEEDS FOUR FEET IN WIDTH. PROPERTY OWNERS WHOSE ABUTTING PROPERTY IS ZONED FOR ONE OR TWO- FAMILY DWELLING UNITS AND NOT USED FOR BUSINESS AND WHOSE PROPERTY ABUTS UPON A STREET WHICH WILL HAVE A WIDTH OF THIRTY FEET OR MORE FROM FACE TO FACE OF CURB SHALL BE ASSESSED THE ENTIRE COST OF DRIVEWAYS AND SHALL BE ASSESSED EIGHTY PER CENT OF THE COST OF IMPROVEMENTS ON THEIR ONE -HALF OF A THIRTY FOOT STREET, WHICH SHALL BE ONE FOUR -FOOT WIDE SIDEWALK, CURB AND GUTTER AND THIRTEEN AND ONE -HALF FEET OF PAVEMENT WIDTH ABUTTING THE PROPERTY. THE CALCULATIONS SHALL BE BASED ON APPLYING THE UNIT PRICES OBTAINED BY BIDS AHD CALCULATING THE QUANTITIES FOR THE IMPROVE- MENTS ABUTTING THE PROPERTY. IN THE EVENT THAT A SIDEWALK IS INSTALLED WHICH IS GREATER THAN FOUR FEET IN WIDTH, THE PROPERTY OWNER SHALL PAY ONE HUNDRED (100%) PER CENT OF THE COST OF THAT PORTION THAT EXCEEDS FOUR FEET IN WIDTH. ASSESSMENTS ARE ADJUSTED BY GIVING CREDIT FOR ADEQUATE EXISTING SIDE- WALKS, CONCRETE DRIVEWAYS, CURBS AND GUTTERS AND THE AMOUNT PREVIOUSLY SPENT FOR A PER14ANENT -TYPE PAVEMENT THAT THE PROPERTY OWNERS HAVE HAD INSTALLED ABUTTING THEIR PROPERTY. I -SP• 2 -2- THE ASSESSMENT FOR CURB AND GUTTER, SIDEWALK AND PAVEMENT ABUTTING THE SIDE OF ANY LOT ZONED FOR ONE OR TWO - FAMILY DWELLING UNITS ( "R -1" AND "R -2 ") SHALL BE ADJUSTED IN PROPORTION TO THE WIDTH OF THE PROPERTY, PERPENDICULAR TO THE STREET BEING IMPROVED. ONE PER CENT SHALL BE ADDED TO FIFTY PER CENT OF THE PROPOSED ASSESSMENTS FOR EACH FOOT OF WIDTH OF THE PROPERTY GREATER THAN FIFTY FEET OF WIDTH UP TO A MAXIMUM OF ONE HUNDRED PER CENT FOR PROPERTY ONE HUNDRED FEET OR MORE IN WIDTH. IN NO CASE SHALL LESS THAN FIFTY PER CENT OF THE EIGHTY PER CENT OF COST BE ASSESSED NOR MORE THAN ONE HUNDRED PER CENT OF THE EIGHTY PER CENT OF THE COST BE ASSESSED. LOTS ZONED FOR ONE AND TWO- FAMILY DWELLING UNITS ( "R -1" AND "R -2 ") WITH THE BACK OF THE LOT ABUTTING THE STREET TO BE IMPROVED AND WHERE THE RIGHT TO ACCESS IS PROHIBITED BY PLATY SHALL BE ASSESSED TWENTY -FIVE PER CENT OF THE EIGHTY PER CENT OF THE COST. WHERE THERE IS THE RIGHT TO ACCESS TO THE STREET BY DRIVEWAY FROM THE PROPERTY TO THE STREET, THEN THE ABUTTING PROPERTY SHALL BE ASSESSED FIFTY PER CENT OF THE EIGHTY PER CENT OF THE COST. ON ALL PROPERTY ZONED OR USED FOR OTHER THAN ONE OR TWO - FAMILY DWELLING UNITS, THE COST OF THE PAVEMENT SHALL BE ASSESSED THE OWNER AS IF THE LOT WERE FACING ON THE STREET TO BE IMPROVED. THE COST ASSESSED AGAINST SAID OWNERS AND THEIR PROPERTY RESPECTIVELY, SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (60) IN NUMBER, THE FIRST OF WHICH SHALL BE PAYABLE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF CORPUS CHRISTI, AND ONE INSTALLMENT EACH MONTH THEREAFTER UNTIL PAID, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE (5 %) PER CENT, WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT ANY TIME BEFORE MATURITY BY THE PAYMENT OF THE PRINCIPAL AND THE ACCRUED INTEREST THEREON. ANY PROPERTY OWNER AGAINST WHOM AND AGAINST WHOSE PROPERTY AN ASSESSMENT HAS BEEN LEVIED MAY PAY THE WHOLE ASSESSMENT CHARGEABLE TO HIM WITHOUT INTEREST WITHIN THIRTY (30) DAYS AFTER THE ACCEPTANCE AND COMPLET1014 OF SAID IMPROVEMENTS. PROVIDED THAT, IF THE APPLICATION OF THE ABOVE MENTIONED RULE OF AP- PORTIONMENT BETWEEN PROPERTY OWNERS WOULD, IN THE OPINION OF THE CITY COUNCIL, IN PARTICULAR CASES BE UNJUST OR UNEQUAL, IT SHALL BE THE DUTY OF THE SAID COUNCIL TO ASSESS AND APPORTION SAID COST IN SUCH MANNER AS IT MAY DEEM JUST AND EQUITABLE, HAVING IN VIEW THE SPECIAL BENEFITS IN ENHANCED VALUE TO BE RE- CEIVED BY EACH OWNER OF SUCH PROPERTY, THE EQUITIES OF OWNERS, AND THE ADJUSTMENT OF SUCH APPORTIONMENT, SO AS TO PRODUCE A SUBSTANTIAL EQUALITY OF BENEFITS RE- CEIVED BY AND BURDENS IMPOSED UPON SUCH OWNERS. THAT NO SUCH ASSESSMENT SHALL BE MADE AGAINST ANY OWNER OF ABUTTING PROPERTY, OR OF A STREET RAILWAY OR STEAM RAILWAY, IF ANY, UNTIL AFTER THE NOTICE AND HEAPING PROVIDED BY LAW, AND NO ASSESSMENT 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. -3- I -SP -3 THAT THE CONTRACTOR SHALL BE PAID FOR THE WORK PERFORMED UNDER THE SPECIFICATIONS UPON MONTHLY ESTIMATES TO BE PREPARED BY THE DIRECTOR OF PUBLIC WORKS. THAT THERE SHALL BE DEDUCTED AS A RETAINAGE FEE, TEN (10%) PER CENT OF SUCH MONTHLY ESTIMATES, TO BE HELD BY THE CITY OF CORPUS CHRISTI UNTIL THE CONTRACT IS PERFORMED AND EXECUTED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. THE MONTHLY ESTIMATES SHALL BE PAID ON OR BEFORE THE 1OTH DAY OF THE NEXT SUCCEEDING MONTH FOR THE WORK PERFORMED DURING THE PREVIOUS MONTH. FOR THAT PART OF THE COST OF THE IMPROVEMENTS THAT SHALL BE DETERMINED TO BE LEVIED AGAINST THE OWNERS OF ABUTTING PROPERTY AND THEIR PROPERTY SHALL BE LEVIED BY ASSESSMENT AS HEREIN PROVIDED, AND SAID IMPROVEMENTS MAY FURTHER BE SECURED BY MECHANICS 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. PAVING CERTIFICATES EVIDENCING THE ASSESSMENT SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESSMENT, WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANICS LIENS TO SECURE THE PAYMENT OR NOT3 AND SHALL BE PAYABLE FOR THE PURPOSE OF FINANCING PAVING IMPROVEMENT COSTS. THAT THE DIRECTOR OF PUBLIC WORKS IS HEREBY DIRECTED TO PREPARE AT ONCE SPECIFICATIONS AND FILE THE SAME WITH THE CITY COUNCIL FOR THE HEREINABOVE DESCRIBED PAVEMENT AND IMPROVEMENTS. THAT IN THE SPECIFICATIONS PREPARED PRO- VISION SHALL BE MADE TO REQUIRE ALL CONTRACTORS TO MAINTAIN FOR A TERM NOT LESS THAN ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREINABOVE DESCRIBED, IF, IN THE JUDGMENT OF THE CITY COUNCIL, IT IS DEEMED ADVISABLE TO REQUIRE SAME. THAT SUCH SPECIFICATIONS 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 BONDS EACH OF WHICH SHALL EQUAL THE AMOUNT OF THE BIDS 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 2. THE CITY COUNCIL, IN INITIATING THIS PROCEEDING, 15 ACTING UNDER THE TERMS AND PROVISIONS OF THE ACT PASSED AT 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 11038 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 3. 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 DONEE WITH THE MATERIALS AND ACCORDING TO PLANS AND METHODS SELECTED BY THE CITY COUNCILS AFTER THE BIDS ARE OPENED AND CONTRACT AWARDED. -4- 1 -SP -4 SECTION 4. THAT THE NEED FOR PREPARATION OF PLANS AND PROCEEDING WITH IMPROVEMENTS AS HEREIN PROVIDED AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCT AN S P THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EF�C FROM AND AFT 7T IASSAGE, T IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF , 19� MAYOR ' THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: 6/v'c' — Z�� CIT SECRETARY APPROVED AS TO EGAL FORM IS _DAY OF CITY ATTORNEY I -SP -5 CORPUS CHRISTI, TEXAS /` JODAY OF , 119_b 6 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 RESOLUTION 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 COUNCILS 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON cc- JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI(G VOTE: 3 JAMES L. BARNARD / JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS t W. H. WALLACE, JR. 6939