HomeMy WebLinkAbout09766 ORD - 05/27/1970AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE -
MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS:
1- SOUTH ALAMEDA STREET, FROM THE NORTHEAST RIGHT -OF -WAY
LINE OF MONTCLAIR DRIVE TO THE WEST RIGHT -OF -WAY LINE
OF EDGEWATER DRIVE;
2. CARSON DRIVE, FROM THE NORTH RIGHT -OF -WAY LINE OF
ENNIS JOSLIN ROAD TO THE SOUTH RIGHT -OF -WAY LINE OF
SOUTH ALAMEDA STREET;
3. ENNIS JOSLIN ROAD, FROM THE SOUTH RIGHT -OF -WAY
LINE OF CARSON DRIVE TO THE INTERSECTION OF THE SOUTH
RIGHT -OF -WAY LINE OF SOUTH ALAMEDA STREET; AND
4. THE INTERSECTION OF SOUTH ALAMEDA STREET WITH
THE FOLLOWING STREETS:
(A) TROY DRIVE
181 HAROLDSON STREET
C PALMETTO DRIVE
D COUNTRY CLUB DRIVE
E EBONWOOD DRIVE;
REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND
FILE PLANS AND SPECIFICATIONS; REQUIRING 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 PERMA-
NENTLY 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. SOUTH ALAMEDA STREET, FROM THE NORTHEAST RIGHT -OF -WAY
LINE OF MONTCLAIR DRIVE TO THE WEST RIGHT -OF -WAY LINE
OF EDGEWATER DRIVE;
2. CARSON DRIVE, FROM THE NORTH RIGHT -OF -WAY LINO: OF
ENNIS JOSLIN ROAD TO THE SOUTH RIGHT -OF -WAY LINE OF
SOUTH ALAMEDA STREET;
3. ENNIS JOSLIN ROAD, FROM THE SOUTH RIGHT -OF -WAY
LINE OF CARSON DRIVE TO THE INTERSECTION OF THE SOUTH
y, RIGHT -OF -WAY LINE OF SOUTH ALAMEDA STREET; AND
4. THE INTERSECTION OF SOUTH ALAMEDA STREET WITH THE
FOLLOWING STREETS: A TROY DRIVE
B HAROLDSON STREET
C) PALMETTO DRIVE
D) COUNTRY CLUB DRIVE
Ey EBONWOOD DRIVE,
SMALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING
OR REPAIRING SAME, BY THE CONSTRUCTION, RECONSTRUCTION, 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
9766
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 STREETS 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 INSTALLATION OF A PAVEMENT CONSISTING OF 11" LIME STABILIZED
BASE, 3 -1/4" OF TYPE "B" ASPHALTIC CONCRETE, AND 1 -1/2" TYPE "D" ASPHALTIC
CONCRETE SURFACE, FOR A TOTAL ROADWAY WIDTH VARYING FROM 45''TO 611,
MEASURED FROM THE BACK OF THE CURBS. ALSO TO BE CONSTRUCTED ON THIS
PROJECT ARE REINFORCED CONCRETE SIDEWALKS 5' WIDE AND 4" THICK TIED TO
THE CURB, AS WELL AS 41 WIDE SIDEWALKS 4" THICK, CONCRETE DRIVEWAYS WHERE
NEEDED AND AS REQUIRED BY PROPERTY OWNERS AND STORM SEWERS TO PROPERLY
DRAIN THE STREETS.
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 STREETS AND THEIR
INTERSECTIONS 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 ALL OTHER COSTS, PLUS
COSTS OF INTERSECTIONS, STORM SEWERS, MEDIANS, 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 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
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ABUTTING ON SAID STREETS TO BE PAVED, IN THE FOLLOWING MANNER, TO -WIT:
D. 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.
E. ASSESSMENT POLICY - PROPERTY OWNERS ABUTTING ON EACH SIDE
OF THE STREET SHALL BE ASSESSED ON THE FRONT FOOT BASIS AS FOLLOWS:
1. NINETY PCRCENT (90 %) OF COST OF IMPROVEMENTS RELATING TO
PAVEMENT FOR ONE -HALF OF THE STREET ABUTTING PROPERTY. SUCH
IMPROVEMENTS SHALL INCLUDE EXCAVATION, CALICHE BASE; SHELL
EASE; LINO. STABILIZED BASES ASPHALT OIL, ASPHALT SURFACE, OR
CONCRETE, A14D INCLUDE SIX AND ONC -HALF PERCENT (6- I/t'.j
PROPERTY BACKING ONTO A STREET BEING PAVED WILL BE ASSESSED
THE SAKE RATE AS A3OVE EXCEPT IF ACCESS IS PROHIBITED, THEN TILE RATE WILL
BE REDUCED BY 50;.
WHERE IT BECOMES NECESSARY TO CONSTRUCT A HEADER CURD ALONG
THE PROPERTY LINE OF COMMERCIALLY USED PROPERTIES TO PREVENT VEHICLES
FRO14 PARKING, BACKING OR TURNING ON THE SIDEWALK, THE HEADER CURB WILL
BE I00P ASSESSED, PLUS 6-12% OF CONSTRUCTION COSTS FOR ENGINEERING,
AGAINST THE ABUTTING PROPERTY.
WHERE THE CITY COUNCIL FINDS THAT PROPERTY IS PLATTED FOR AND
COMMITTED IN WRIT114G TO ONE OR TWO- FAMILY RESIDENTIAL USE AND SO USED AT
THE TIME OF ASSESSMENT, OR PLATTED WITHOUT IMPROVEMENTS BUT COMMITTED IN
WRITING TO ONE OR TWO- FAMILY RESIDENTIAL USE OR IN USE FOR CHURCH OR -�
SCHOOL PURPOSES, THEN THE ASSESSMENT RATE WILL NOT EXCEED $4.75 FOR CURB
AND CUTTER AND PAVEMENT AND 101 OF DRIVEWAY COST. PROPERTY IN THIS
CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL OC ASSESSED NOT
EXCEEDING 50' OF THE $11.75 RATE, AS WELL AS 50,06, OF SIDEWALK, AND 'IODJ
OF DRIVEWAYS.
PROPERTY WHICH 15 USED FOR SINGLE FAMILY PURPoseS AND 13ACKIIIG ONTO
THE STREET BEING IMPROVED WILL NOT BE ASSESSED FOR CURDS, GUTTERS OR PAVEMENT
13UT WILL BE ASSESSED 50� OF SIDEWALK, INCLUDED IN THE STREET IMPROVEMENT
WHERE NO.SIDEWALK EXISTS IN FRONT OF PROPERTY; PROVIDED THAT, WHERE THE
PROPERTY 15 OVER 250 FEET DEEP, THEN THE RATE WILL BE THE SAME AS IF
PROPERTY WERE FRONTING THE STREET. .
THE DETERMINATION OF THE ASSCSSMENT RATE SHALL BE MADE BY APPLYING
THE UNIT PRICES OBTAINED BY BIDS TO THE CALCULATED QUANTITIES AND FRONT FOOT
MEASUREMENTS, FOR THE IMPROVEMENTS ABUTTING THE PROPERTY.
THE COST ASSESSED AGAINST SAID OW14ERS AND THEIR PROPERTY RESPEC-
TIVELY, 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
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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
I
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ANY TINE 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
M114 WITHOUT INTEREST WITHIN TWENTY (20) DAYS AFTER THE ACCEPTANCE AND
COMPLETION OF SAID IMPROVEMENTS.
PROVIDED, THAT IF THE APPLICATION OF THE ABOVE MENTIONED 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 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 OF STEAM RAILWAY, IF ANY, UNTIL AFTER
THE NOTICE AND HEARING PROVIDED BY LAID, 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 T14E WORK PERFORMED UNDER
THE SPECIFICATIONS, UPON MONTHLY ESTIMATES TO BE PREPARED 9Y THE DIRECTOR
T OF PUBLIC WORKS. THAT THERE SHALL BE DEDUCTED AS A RETAfNAGE FEE, TEN
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 10TH DAY OF THE NEXT SUCCEEDING MONTH FOR THE WORK PERFORMED DURING THE
PREVIOUS MONTH.
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FOR THAT PART OF THE COST OF THE IMPROVEMENTS THAT SHALL DE DETER-
MINED TO BE LEVICD 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 114 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 MECHANICS LIENS TO SECURE
THE PAYMENT OR NOT, AND SHALL BE PAYABLE FOR THE PURPOSE OF FINANCING PAVING
IMPROVE14ENT 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 -
i,
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 T14AN ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREIN -
ABOVE DESCRIBED, IF, IN THE JUDGMENT OF THE CITY COUNCIL, IT IS DEEMED
ADVISABLE TO REQUIRE SAME.
THAT SUCH SPECIFICATIONS SHALL REQUIRE THE BIDDER TO AAKE A 1310
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 PAY14ENT BONG, 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 B,£ING 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 11058 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.
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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 SPEC[—
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.
gUITION F. 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 E. 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 PUDLIC NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL DE 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 SUSPEN-
$ION 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
FORCE AND EFFECT FROM AND AFTER ITS� %PPAAAISSAGE, IT IS ACCORDINGLY PASSED AND
APPROVED THIS THE A2_y_ / OAY OF " 1970.
APPROVED
C
Y
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
o�day of , 197o
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,
IAYOR
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 following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts
i
Ronnie Sizemore