Loading...
HomeMy WebLinkAbout09666 ORD - 03/04/1970JxH:3 -3 -70 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF WEBER ROAD, FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECI- FICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI DEEMS IT NECESSARY TO PERMANENTLY IMPROVE THE HEREINAFTER NAMED STREET 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 SHALL BE IMPROVED BY THE RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING, OR REPAIRING SAME, BY THE CONSTRUCTION, RECONSTRUCTION, REPAIRING OR REALIGNING CON- CRETE 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 APPURTE- NANCES, 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 STREETS TO BE PAVED ANO CURBS AND GUTTERS INSTALLED AS SHOWN ON THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER: WEBER ROAD, FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD. SECTION 2. THAT THE COST OF SAID IMPROVEMENTS SHALL BE ASSESSED AGAINST ADJOINING PROPERTY AND PAID FOR AS FOLLOWS, TO -WIT: 9666 A. THE CITYOF CORPUS CHRISTI SHALL PAY ALL OTHER COSTS, PLUS COSTS OF INTERSECTIONS, STORM SEWERS, MEDIANS, AND TURN LANES, AND PARTIALLY ADJUSTED FRONTAGES ON PROPERTY AND THE BALANCE OF THE COST OVER AND ABOVE THE COST ASSESSED AGAINST THE ABUTTING PROPERTY AND PROPERTY OWNERS PRO- VIDED IN SUBSECTION B. B. THAT AFTER DEDUCTING THE PROPORTION OF THE COST PROVIDED FOR IN SAID SUBSECTION A 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: C. IMPROVEMENTS: STREETS SHALL CONTAIN A PAVED SURFACE, PLUS TWO FEET (2') OF CURB AND GUTTER SECTION ON EACH SIDE, A MINIMUM OF FOUR ■FOOT (Iv) WIDE SIDEWALK ON EACH SIDE, OR WIDER WHERE NEEDED , PLUS DRIVEWAYS AS NEEDED. D. ASSESSMENT POLICY: PROPERTY OWNERS ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED AS FOLLOWS: 1. ONE HUNDRED PERCENT (100%) OF COST OF CONSTRUCTION OF CURBS AND GUTTERS, PLUS SIX AND ONE -HALF PERCENT (6-1/2 %) OF CONSTRUCTION COSTS FOR ENGINEERING. 2. EIGHTY PERCENT (80%) OF CONSTRUCTION OF SIDEWALK, PLUS SIX AND ONE -HALF PERCENT (6 -1/2 %) OF CONSTRUCTION COSTS FOR ENGINEERING. 3. ONE HUNDRED PERCENT (100 %) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE -HALF PERCENT (6 -1/2%) OF CON- STRUCTION COSTS FOR ENGINEERING. THE ABOVE METHOD SHALL BE USED REGARDLESS OF DEPTH AND SHAPE OF LOT AND ANY PECULIAR CHARACTERISTICS, SUBJECT, HOWEVER, TO A FINDING BY THE CITY COUNCIL OF INEQUALITY OR INJUSTICE AND CORRESPONDING ADJUST- MENT. CREDIT SHALL BE GIVEN FOR EXISTING CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS, IF THEY MEET THE STANDARDS OF THE CITY OF CORPUS CHRISTI, AT THE TIME OF CONSTRUCTION, PREVIOUSLY SPENT BY THE ABUTTING PROPERTY. PROPERTY WHICH SIDES ALONG THE STREET BEING IMPROVED SHALL BE ASSESSED THE RATE COMPUTED ABOVE, INCLUDING DRIVEWAYS. PROPERTY BACKING ONTO A STREET BEING PAVED WILL BE ASSESSED THE SAME RATE AS ABOVE. -2- WHERE 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 104 ASSESSED, PLUS 6 -1/2% OF CONSTRUCTION COSTS FOR ENGINEERING AGAINST THE ABUTTING PROPERTY. PROPERTY WHICH IS USED FOR SINGLE FAMILY PURPOSES AND BACKING ONTO THE STREET BEING IMPROVED WILL NOT BE ASSESSED FOR CURBS, GUTTERS OR PAVEMENT BUT WILL SE ASSESSED 50% OF SIDEWALK, INCLUDED IN THE STREET IMPROVEMENT WHERE NO SIDEWALK EXISTS IN FRONT OF PROPERTY; PROVIDED THAT, WHERE THE PROPERTY IS OVER 250 FEET DEEP, THEN THE RATE WILL BE THE SAME AS IF PROPERTY WERE FRONTING THE STREET. THE DETERMINATION OF THE ASSESSMENT RATE SHALL BE MADE BY APPLYING THE UNIT PRICES OBTAINED BY BIOS TO THE CALCULATED QUANTITIES AND FRONT FOOT MEASUREMENTS, FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. THE COST ASSESSED AGAINST SAID OWNERS AND THEIR PROPERTY, RESEPCTIVELY, SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (6O) 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 %) PERCENT, WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT ANY TIME BEFORE MATURITY BY THE PAYMENT OF THE PRINCIPAL AND 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. PROVIDED, THAT IF THE APPLICATION OF THE ABOVEMENTIONED RULE OF APPORTIONMENT 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 RECEIVED BY EACH OWNER OF SUCH PROPERTY, THE EQUITIES OF OWNERS, AND THE ADJUSTMENT OF SUCH APPORTIONMENT, SO AS TO PRODUCE A -3- SUBSTANTIAL EQUALITY OF BENEFITS RECEIVED BY AND BURDENS IMPOSED UPON SUCH OWNERS. THAT 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 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. 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 or CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESSMENT, 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 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 (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREIN - ABOVE DESCRIBED, 1F, 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 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. 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 11056 OF VERNON'S TEXAS CIVIL STATOTES, 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 ANO 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 IMPROVE- MENTS 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 SUSPEN- SION 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 -5- BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 4 )DAY OF MARCH, 1970. ATTEST: SECR APPROVED: DAY OF MARCH, 1970: I_ ,f, CITY ATTORNEY Lalgi THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas` A , day of ? A(/.2 /C t/ , 1976 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 /9 , Gabe Lozano, Sr. V. A. "Dicle'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fo owing vote: Ale Jack R. Blackmon` Gabe Lozano, Sr. i� 0 V. A. "Dick" Bradley, Jr. 1M/ 11 Eduardo E. de Ases al.QJ Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore - •t :