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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 -2- 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 �il� 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 I• 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. -5- 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. -6- 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