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HomeMy WebLinkAbout09478 ORD - 09/10/1969AG:vMP :9 /9/69 D D AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: GOLLIHAR ROAD, GREENWOOD DRIVE TO S. H. 256, UNIT II; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIR- ING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, 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 STREET: GOLLIHAR ROAD, GREENWOOD DRIVE TO S. H. 256, UNIT II, SHALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING OR REPAIRING SAME, BY THE CONSTRUCTION, RECON- STRUCTION, 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 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 STREET TO BE PAVED AND CURBS AND GUTTERS AND SIDEWALKS INSTALLED AS FOLLOWS: THE PROJECT IS TO BE CONSTRUCTED BY EXCAVATING TO A WIDTH AND DEPTH TO PERMIT THE LAYING OF STANDARD 6" CURB AND GUTTER SECTION, AND THE INSTALLA- TION OF A PAVEMENT CONSISTING OF 511 OF LIME STABILIZED BASE, 5" OF COMPACTED CALICHE BASE, A PRIME COAT, 2 1/2" OF TYPE "A" ASPHALTIC CONCRETE, AND 111 OF TYPE "D" ASPHALTIC CONCRETE SURFACE, FOR A TOTAL ROADWAY WIDTH VARYING FROM 451 TO 61', MEASURED FROM THE BACK OF THE CURBS. ALSO TO BE CON- STRUCTED ON THIS PROJECT ARE REINFORCED CONCRETE SIDEWALKS 5' WIDE AND 4" THICK TIED TO THE CURB, AS WELL AS 4' WIDE SIDEWALKS 4" THICK, CONCRETE DRIVEWAYS WHERE NEEDED AND AS REQUIRED BY PROPERTY OWNERS, AND STORM SEWERS TO PROPERLY DRAIN THE STREET. 9478 i SECTION 2. 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: S. THE CITY OF CORPUS CHRISTI SHALL PAY ALL OTHER COSTS, PLUS COSTS OF INTERSECTIONS STORM SEWERS�.MEDIANSI AND TURN LANES AND PARTIALLY ADJUSTED FRONTAGES ON PROPERTY EXCEPT SO MUCH THEREOF AS SHALL BE BORNE BY STREET RAILWAYS AND STEAM RAILWAYS AS PROVIDED 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 B. ABOVE, THE WHOLE REMAINING COSTS INCLUDING THE COST OF CONCRETE CURBS AND GUTTERS, DRIVEWAYS, AND SIDEWALKS SHALL BE ASSESSED AGAINST ADJOINING PROPERTY AND PAID BY THE OWNERS OF PROPERTY ABUT- TING ON SAID STREET TO BE PAVED, IN THE FOLLOWING MANNER, TO -WIT: D. IMPROVEMENTS - - STREETS SHALL CONTAIN A PAVED SURFACE, PLUS 21 OF CURB AND GUTTER SECTION ON EACH SIDE, A MINIMUM OF Y' WIDE SIDEWALK ON EACH SIDE, OR WIDER WHERE NEEDED] PLUS DRIVEWAYS AS NEEDED. THE PAVED SURFACE SHALL BE AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS AND MAY BE EITHER ASPHALT WITH FLEXIBLE BASE OR CONCRETE AS REQUIRED AND APPROVED BY THE CITY COUNCIL. E. ASSESSMENT POLICY - - PROPERTY OWNERS ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED AS FOLLOWS: 1. 90% OF COST OF IMPROVEMENTS RELATING TO PAVEMENT FOR ONE- HALF OF THE STREET ABUTTING PROPERTY. SUCH IMPROVEMENTS SHALL INCLUDE EXCAVATION, CALICHE BASE, SHELL BASE, LIME STABILIZED BASE, ASPHALT OIL] ASPHALT SURFACE, OR CONCRETE, AND INCLUDE 6 1/2% FOR ENGINEERING. IN CAL- CULATING THIS RATE, CREDIT SHALL BE GIVEN TO THE ABUTTING OWNERS FOR 181 WIDE SECTION OF PAVEMENT ASSUMED TO BE CENTERED BETWEEN THE CURBS, OR 91 ABUTTING EACH PROPERTY, WHERE SUCH PAVEMENT EXISTS. -2- r 2. 100% OF COST OF CURBS AND GUTTERS, PLUS 6 1/2% ENGINEERING. 3. 80% OF COST OF SIDEWALK, PLUS 6 1/2% ENGINEERING. RESIDEN- TIAL IS LIMITED � TO 4' WIDE SIDEWALK. COMMERCIAL IS LIMITED TO ACTUAL WIDTH. Y. 100% OF COST OF DRIVEWAYS, PLUS 6 1/2% ENGINEERING. THE ABOVE METHOD SHALL BE USED REGARDLESS OF DEPTH AND SHAPE OF LOT AND ANY PECULIAR CHARACTERISTICS. THE TOTAL RATE OF ASSESSMENT FOR CURBS, GUTTERS AND PAVEMENT SHALL NOT EXCEED $4.75 PER LINEAR FOOT, WHERE PROPERTY IS ZONED AND USED RESIDENTIAL. ACTUAL CALCULATED RATE SHALL APPLY WHERE PROPERTY IS OTHER THAN RESIDENTIAL. CREDIT SHALL BE GIVEN FOR EXISTING CURBS GUTTERS SIDEWALKS, AND DRIVEWAYS, IF THEY MEET THE STANDARDS OF THE CITY OF CORPUS CHRISTI AND FOR THE AMOUNT PREVIOUSLY SPENT FOR PERMANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY OWNER, IN EXCESS OF THE 9' WIDE PAVEMENT CREDIT ABUTTING THE PROPERTY AS DESCRIBED ABOVE. RESIDENTIAL PROPERTY WHICH SIDES ALONG THE STREET BEING IMPROVED SHALL BE ASSESSED 50% OF THE RATE COMPUTED ABOVE' EXCEPT DRIVEWAYS SHALL BE 100 %. RESIDENTIAL PROPERTY BACKING INTO A STREET BEING PAVED WILL NOT BE ASSESSED FOR CURBS GUTTERS AND PAVEMENT, BUT WILL BE ASSESSED 50% OF SIDEWALKS PROVIDED NO SIDEWALK EXISTS IN THE FRONT OF THE PROPERTY. IF PROPERTY IS MORE THAN 250' DEEP THEN ASSESSMENT WILL BE THE SAME AS IF PROPERTY IS FRONTING THE STREET. THE RATE FOR DRIVEWAYS ON PROPERTY BACK- ING ONTO THE STREET SHALL BE 100 %. COMMERCIAL PROPERTY SIDING ON STREET BEING IMPROVED SHALL BE ASSESSED AS IF PROPERTY WAS FRONTING ON THE STREET BEING PAVED. COMMERCIAL PROPERTY BACKING ON STREET BEING IMPROVED SHALL BE ASSESSED THE SAME AS IF PROPERTY WAS FRONTING EXCEPT IF ACCESS IS NOT PER- MITTED AND ADHERED TOE THEN THE RA.E WILL-BE 50 %. WHERE, IN THE OPINION OF THE DIRECTOR OF PUBLIC WORKS, IT BECOMES NECESSARY TO CONSTRUCT A HEADER CURB ALONG THE PROPERTY LINE OF COMMERCIALLY USED PROPERTIES TO PREVENT VEHICLES FROM PARKING BACKING OR TURNING ON THE SIDEWALK, THE HEADER CURB WILL BE 100% ASSESSED, PLUS 6 1/2% ENGINEER- ING, AGAINST THE ABUTTING PROPERTY. -3- FOR THE PURPOSE OF DEFINITION, RESIDENTIAL PROPERTY SHALL BE THAT WHICH IS ZONED AND USED RESIDENTIALLY. WHERE PROPERTY IS VACANT AND NOT ZONED OTHER THAN RESIDENTIAL, IT SHALL BE CONSIDERED RESIDENTIAL ONLY IF AN APPROVED PRELIMINARY OR FINAL PLAT SHOWS THAT IT WILL BE RESIDENTIAL. OTHERWISE, THE COMMERCIAL RATE WILL APPLY. CHURCHES AND SCHOOLS WILL BE CONSIDERED RESIDENTIAL. FOR THE PURPOSE OF CLARIFICATION, THE RESIDENTIAL ASSESSMENT RATE SHALL BE FIGURED BASED ON A 311 STREET AND A COMMERCIAL RATE WILL BE FIGURED BASED ON ACTUAL WIDTH OVER 31'. THE DETERMINATION OF THE ASSESSMENT RATE SHALL BE MADE BY APPLY- ING THE UNIT PRICES OBTAINED BY BIDS TO THE CALCULATED QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. THE COST ASSESSED AGAINST SAID OWNERS AND THEIR PROPERTY RESPEC- TIVELY, SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (60) IN NUMBER, THE FIRST OF WHICH SHALL BE PAYABLE WITHIN TWENTY (20) 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 SIX AND ONE -HALF (6 1/2 %) 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 TWENTY (20) DAYS AFTER THE ACCEPTANCE AND COMPLETION OF SAID IMPROVEMENTS. i PROVIDED THAT, IF THE APPLICATION OF THE ABOVE MENTIONED RULE OF APPORTIONMENT BETWEEN PROPERTY OWNERS WOULD, IN THE OPINION OF THE CITY COUNCILS 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 RECEIVED 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 RECEIVED BY AND BURDENS IMPOSED UPON SUCH OWNERS. THAT NO SUCH ASSESSMENT SHALL BE MADE AGAINST ANY OWNER OF ABUT- TING PROPERTY, OR OF A STREET RAILWAY OR STEAM RAILWAY, IF ANY, UNTIL AFTER THE NOTICE AND HEARING 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. 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 BOTH 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 DETER- MINED 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 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. PAVING CERTIFICATES EVIDENCING THE ASSESSMENT SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESS- MENT, WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANIC'S LIENS TO SECURE THE PAYMENT OR NOT, 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 HERE - INABOVE DESCRIBED PAVEMENT AND IMPROVEMENTS. THAT IN THE SPECIFICATIONS PREPARED, PROVISION SHALL BE MADE TO REQUIRE ALL CONTRACTORS TO MAINTAIN FOR A TERM NOT LESS THAN ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREIN - ABOVE DESCRIBED, IFS 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 REQUIRE- MENTS AS HEREIN PROVIDED. THAT THE SPECIFICATIONS SHALL ALSO STATE THE AMOUNT OF THE PERFORM- ANCE 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 -5- IMPROVEMENTS, SAID METHOD BEING IN ACCORDANCE WITH THIS ORDINANCE. SECTION 3. THE CITY COUNCIL, IN INITIATING THIS PROCEEDING, IS 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 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 SPECI- FICATIONS, 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 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 SAID CITY OF ACTION TAKEN HEREIN AND TO HAVE SAME FILED BY THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE RECORDS OF SAID COUNTY. SECTION 6. 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 MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPEN- SION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL -6- FORCE AND EFFECT FROM AND AFTER ITS PASS E, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE / (/ DAY OF ig6g. �tA - A OR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: l CITY $ RETAR APPROVED AS TO LEGA FORM THIS _DAY OF , ig6g: CITY AT'RORNEY Corpus Christi, Te s day of Isla TO THE ,MEMBERS OF THE CITY COUNCIL 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 suspen- sion 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 Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, 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: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the follow g vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts _ Ronnie Sizemore I