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Home My WebLink About09480 ORD - 09/10/1969AN ORDINANCE ADOPTING A NEW POLICY OF STREET ASSESSMENTS APPLICABLE TO ALL STREET IMPROVEMENT PROJECTS HEREAFTER CONSTRUCTED IN THE CITY OF CORPUS CHRISTI, BY REPEALING SECTIONS 34 -21 AND 34 -22 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND THE ADOPTION OF A NEW SECTION,TO BE DESIGNATED SECTION 311 -21,IN LIEU OF SAID SECTIONS; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICA- TION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTIONS 34 -21 AND 34 -22 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME ARE HEREBY REPEALED IN THEIR ENTIRETY, AND THERE IS ADOPTED IN LIEU OF SAID SECTIONS A NEW SECTION, TO BE DESIGNATED AS SECTION 34 -21, READING AS FOLLOWS: ` "SECTION 34 -21. POLICY ON STREET ASSESSMENTS. THE POLICY FOR STREET PAVING ASSESSMENTS IN THE CITY OF CORPUS CHRISTI SHALL BE AS FOLLOWS: A. IMPROVEMENTS - STREETS SHALL CONTAIN A PAVED SURFACE, PLUS TWO FEET (2') OF CURB AND GUTTER SECTION ON EACH SIDE, A MINIMUM OF FOUR -FOOT (41) 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. B. ASSESSMENT POLICY - PROPERTY OWNERS ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED ON THE FRONT FOOT BASIS AS FOLLOWS: 1. NINETY PERCENT (90 %) OF COST OF IMPROVEMENTS RELAT- ING 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 SUR- FACE, OR CONCRETE, AND INCLUDE SIX AND ONE-HALF PERCENT (6 -1/2 %) OF CONSTRUCTION COSTS FOR ENGINEERING. IN CALCU- LATING THIS RATE, CREDIT SHALL BE GIVEN TO THE ABUTTING OWNERS FOR AN ASSUMED 18-FOOT WIDE SECTION OF PAVEMENT WHICH WILL BE AN ASSUMED 9 FEET ABUTTING EACH PROPERTY, WHERE PAVEMENT EXISTS. 2. ONE HUNDRED PERCENT (100%) OF COST OF CONSTRUCTION OF CURBS AND GUTTERS, PLUS SIX AND ONE -HALF PERCENT OF CONSTRUCTION COSTS FOR ENGINEERING. 1 3. EIGHTY PERCENT (80 %) OF COST OF CONSTRUCTION OF SIDEWALK, PLUS SIX AND ONE -HALF PERCENT (6-1/2 %) OF CON- STRUCTION COSTS FOR ENGINEERING. ASSESSMENT FOR RESIDENTIAL IS LIMITED TO 4 -FOOT WIDE SIDEWALK. COMMERCIAL.,IS ASSESSED 'FOR ACTUAL WIDTH. 4. ONE HUNDRED PERCENT (100 %) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE -HALF PERCENT (6-1 /2%) OF CONSTRUCTION COSTS FOR ENGINEERING. THE ABOVE METHOD SHALL A, 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 OF STREET FRONTAGE MEASURED AT THE PROPERTY LINES 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 MET THE STANDARDS OF THE CITY OF CORPUS CHRISTI AT THE TIME OF CONSTRUCTION, AND FOR THE AMOUNT SHOWN TO HAVE BEEN PREVIOUSLY SPENT FOR PERMANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY OWNER2,IN EXCESS OF THE 9 -FOOT WIDE PAVEMENT CREDIT ABUTTING THE PROPERTY AS DESCRIBED�ABOVE. RESIDENTIAL PROPERTY WHICH SIDES ALONG THE STREET BEING IMPROVED SHALL BE ASSESSED FIFTY PERCENT (50%) OF THE RATE COMPUTED ABOVE EXCEPT DRIVEWAYS SHALL BE ONE HUNDRED PERCENT (100 %). RESIDENTIAL PROPERTY BACKING ONTO A STREET BEING PAVED WILL NOT BE ASSESSED FOR CURBS GUTTERS AND PAVEMENT, BUT WILL BE ASSESSED 50% OF SIDEWALK, WHERE NO SIDEWALK EXISTS IN THE FRONT OF THE PROPERTY. IF PROPERTY IS MORE THAN 250 FEET DEEP ON AN AVERAGE THEN ASSESSMENT WILL BE THE SAME AS IF PROPERTY IS FRONTING THE STREET. THE RATE FOR DRIVEWAYS ON PROPERTY BACKING ONTO THE STREET SHALL BE 100% OF THE TOTAL DRIVEWAY COST. 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 WERE FRONTING EXCEPT IF ACCESS IS PROHIBITED BY RESTRICTION OR AGREEMENT WITH THE CITY, THEN THE RATE WILL BE 50%- -2- 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% OF CONSTRUCTION COSTS FOR ENGINEERING, AGAINST THE ABUTTING PROPERTY. FOR THE PURPOSE OF DEFINITION, RESIDENTIAL PROPERTY SHALL BE THAT WHICH IS ZONED R -1 OR R -2 AND USED EXCLUSIVELY FOR ONE OR TWO - FAMILY PURPOSES. WHERE PROPERTY IS VACANT AND NOT ZONED OTHER THAN RESIDENTIAL, IT SHALL BE CONSIDERED RESIDENTIAL PROVIDED THAT AN APPROVED FINAL PLAT SHOWS THAT IT WILL BE RESIDENTIAL. OTHERWISE, THE COMMERCIAL RATE WILL APPLY. CHURCHES AND SCHOOLS WILL BE CONSIDERED RESIDENTIAL. THE RESIDENTIAL ASSESSMENT RATE SHALL BE FIGURED BASED ON A 31 -FOOT STREET AND A COMMERCIAL RATE WILL BE FIGURED BASED ON THE ACTUAL WIDTH OF THE STREET. THE DETERMINATION OF THE ASSESSMENT RATE SHALL BE MADE BY APPLYING THE UNIT PRICES OBTAINED BY BIDS TO THE CALCULATED QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY." SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPHS SUBDIVI- SION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULA- TIONS RELATE. SECTION 3. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY TO AMEND THE CORPUS CHRISTI CITY CODE AS HEREINABOVE SET FORTH AT THE EARLIEST PRACTICABLE DATE 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 PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND -3- 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, AND HAVING REQUESTED THE SUSPEN- SION OF THE CHARTER RULE 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, THIS THE & DAY OF SEPTEMBER, 1969. ATTEST: c CITY E 6REr A A Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: AY OF EPTEMBER, 1969: CITY AT 0 N Y Corpus Christi, Tex s day of , 144E 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 presene meeting of the City Council. Respectfully, ifAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dic0 Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the foll ing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore