HomeMy WebLinkAbout09809 ORD - 06/24/1970JK" ;G -rq -IV
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF OCEAN DRIVE FROM APPROXIMATELY 120 FEET EAST
OF THE EASTERLY RIGHT -OF -WAY LINE OF ALAMEDA STREET TO
THE NORTH GATE OF NAVAL AIR STATION IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR
OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS; 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 OCEAN DRIVE, FROM APPROXIMATELY 120 FEET EAST
OF THE EASTERLY RIGHT —OF —NAY LINE OF ALAMEDA STREET TO THE NORTH GATE
OF NAVAL AIR STATION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS
BE AND THE SAME SHALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING,
PAVING, REPAVING OR REPAIRING SAME, BY THE CONSTRUCTION, RECONSTRUCTION,
REPAIRING OR REALIGNING CONCRETE CURBS AND GUTTERS AND DRIVEWAYS WHERE
THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE CURBS AND GUTTERS AND
DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY CON-
STRUCTING SUCH STORM SEWERS AND DRAINS, TOGETHER WITH ALL OTHER INCIDEN-
TALS 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 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
FOR A TOTAL ROADWAY WIDTH VARYING FROM 74 FEET BACK TO BACK NEAR THE
ALAMEDA JUNCTION TO 68 FEET BACK TO BACK - ACROSS FROM THE UNIVERSITY OF
CORPUS CHRISTI, AND STORM SEWERS TO PROPERLY DRAIN THE STREET.
' s
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
ABUTTING ON SAID STREETS TO BE PAVED, IN THE FOLLOWING MANNER, TO —WIT:
D. IMPROVEMENTS — STREETS SHALL CONTAIN A PAVED SURFACE, PLUS
TWO FEET (2t) OF CURB AND GUTTER SECTION ON EACH SIDES 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 PERCENT (90 %) OF COST OF IMPROVEMENTS RELATING TO
PAVEMENT FOR ONE-HALF OF THE STREET ABUTTING PROPERTY. SUCH
IN.PROVEt.IENTS SHALL INCLUDE EXCAVATION) CALICHE BASE, SHELL
BASES LINE STABILIZED BASE, ASPHALT OIL, ASPHALT SURFACE) OR
_ CONCRETE) AND INCLUDE SIX AND ONC -HALF PERCENT ��- 1Jrj,� OF
CONSTRUCTION COSTS FOR CNGINCCRING. iN CALCULATING THIS RATE
CREDIT SHALL DE GIVEN TO TIIC ABUTTING OWNERS FOR AN ASSUMED
18 -FOOT WIDE SECTION OF PAVEMENT WHICH WILL BE AN ASSUMED
i FEET ABUTTING EACII PROPERTY, WHCRE PAVEMENT EXISTS.
2. ONE ItUNDRFD.PCRCENT (100'd) OF COST OF CONSTRUCTIOH OF
_ CURBS Alto GUTTERS PLUS SIX Atli) ONE -IIALF PERCENT
OF CONSTRUCTIO14 COSTS FOR ENGINEERING.
3. EIGHTY PERCENT (8op) OF COST 01' CONSTRUCTION 01' SIDEWALK'
PLUS SIX AND ONC —IIALF PERCENT (6- 1t,2jd) OF CONSTRUCTION COSTS
FOR EIIGINCCRIIIG.
—2—
i
11. ONE HUNDRED PERCENT (100 ,'') OF COST OF CONSTRUCTION OF
DRIVEWAYS, PLUS SIX. AND OUC -HALF PCRCE14T OF CONSTRUCTION
COSTS FOR ENGINEERING-
Tim A13OVE METHOD SIIALL DE USED REGARDLESS OF DEPTH AND SHAPE OF
LOT AND ANY PECULIAR CHARACTERISTICS, SUBJECT,•HO%lEVCR, TO A FINDING BY
• THE CITY COU14CIL OF INEQUALITY OR INJUSTICE AND CORRESPONDING ADJUSTMENT.
CREDIT SHALL BE GIVEN FOR EXISTING CURBS, GUTTERS, SIDES /ALKS
• AND DRIVEWAYS, IF THEY MEET 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 PAVE14ENT BY THE ABUTTING PROPERTY
OWNER, IN EXCESS OF THE 9 -FOOT WIDE .PAVEMENT CREDIT ABUTTING THE PROPERTY
AS DESCRIOED'ABOVE. . ♦ .
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
TIIE SAME RATE AS ABOVE EXCEPT IF ACCESS is PRO111 D 1 TED, THEN TIIE RATE WILL
BE REDUCED BY �.
WHERE IT DECOMCS NECESSARY TO CONSTRUCT A HEADER CURD ALONG
THE PROPERTY LINE OF C"ERCIALLY USED PROPERTIES TO PREVE14T VEHICLES
FROM PARKING, BACKING OR TURNING ON THE SIDEWALK, THE HEADER CURD WILL
13E jq0% ASSESSED, PLUS 6-1 12p OF CONSTRUCTION COSTS FOR ENGINEERING,
• b
AGAINST THE ABUTTING PROPERTY. ,
WHERE THC CITY COUNCIL FINDS THAT PROPERTY IS PLATTED FOR AND
COI4MITTED IN WRITING TO ONE OR TWO- FAHILY RESIDENTIAL USE AND $O USED AT
THE TIME OF ASSESSMENT, OR PLATTED WITHOUT IMPROVEMCNTS BUT COMMITTED IN
WRITING TO ONE OR TWO- FAt•IILY RESIDENTIAL USE OR IN USE FOR CHURCH OR
SCHOOL PURPOSES, THEN TIIE ASSESSMENT RATE WILL NOT EXCEED y�4.75 FOR CURB
AND CUTTER AND PAVEMENT AND 100�j OF DRIVEWAY COST. PROPERTY IN THIS
CATEGORY WHICH SIDES ON A PTRCET OC114G IMPROVED SHALL BE ASSESSED NOT
EXCEEDING 5Oa OF THE 0,75 RATE, AS WELL AS 50,u OF SIDEWALK, AND 100;
OF DRIVCWAYS.
-3-
PROPERTY WIIICII IS USED FOR SINGLE FAMILY PURPOyES AND BACKING ONTO
THE STREET DCItJG IMPROVED WILL NOT BE ASSESSED FOR CURBS, CUTTERS OR PAVC14ENT
BUT WILL BE ASSESSED 5 OF SIDEWALKS INCLUDED IN THE STRCET IMPROVEMENT
WHERE No. SIDEWALK EXISTS IN PRONT OF PROPCRTY; PROVIDED THAT, WHERE THE
PROPCRTY 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 BIDS TO THE CALCULATED QUANTITIES AND FRONT FOOT
MEASUREMENTS, FOR THE IMPROVEMENTS ABUTTING THE PROPERTY.
• THE COST ASSCSSED AGAINST SAID OWNERS AND THEIR PROPERTY RCSPEC-
TIVELY, SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (GO)
,9
III NUMBERS THE FIRST OF WHICU SHALL BE PAYABLE WITHIN TWENTY (20) DAYS FRO14
THE DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE
CITY OF CORPUS CHRISTI, AND ONE 114STALL14ENT CACTI NONTH THEREAFTER UNTIL
PAID TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF (6-1/2/j)
PER CENT, WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT
I•
ANY T114C BEFORE MATURITY BY THE PAYMENT OF THE PRINCIPAL A140 THE ACCRUED
INTEREST THEREON. ANY PROPERTY OWNER AGAINST WK014 AND ACAINST WHOSE PROPERTY
AN ASSESSMENT HAS BEEN LEVIED MAY PAY TIIE WHOLE-ASSESSMENT CHARGEABLE TO
HIM WITHOUT INTEREST WITIIIN TWENTY (20) DAYS AFTER THE ACCEPTANCE AND
e .
C014PLET1014 OF SAID II.IPROVCI-iE14TS-
PROVIDED, THAT IF THE APPLICATION OF THE ABOVE MENTIONED RULE OF
APPORTION14CNT 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
• i
DEEM JUST AND EQUITAOLC, HAVING 114 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 Ado TO PRODUCE A SUBSTANTIAL
EQUALITY OF BENEFITS RECEIVED BY AND BURDENS IMPOSED UPON SUCH OWNERS.
-4-
THAT NO SUCH ASSESSMENT SHALL BE MADC AGAINST ANY OWNER OF ABUT-
TING PROPERTY OR OF A STREET RAILWAY OF STEAM RAILWAY, IF ANYj. 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 EIIHANCED VALUE THERE
BY MEANS OF SUCH IMPROVEMENTS.
_ j'HAT T}lE CONTRACTOR SHALL BE PAID FOR 714E WORK PERFORMED UNDER
THE SPECIFICATIONS, UPON MONTHLY ESTIMATES TO BE PREPARED BY THE DIRECTOR
OF PUDLIC %•IORKS. THAT THERE SHALL BE DEDUCTED AS A RETAINAGE FEE, TEN (1()Pd)•
PER CENT OF SUCH MONTHLY ESTIMATES, TO BE HELD BY THE CITY OF CORPUS CHRISTI
UNTIL THE C014TRACT IS PERFORMED AND EXECUTED 70 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.
FOR THAT PART OF THE COST OF THE IMPROVC14ENTS TIIAT SHALL BE DETER -
MINED TO B£'LEVIED AGAINST THE OWNERS OF ABUTTING PROPERTY AND THEIR PROPERTY
SHALL BE LEVIED by ASSESSMENT AS HEREIN PROVIDED, AND SAID IMPROVEMENTS MAY
FURTIICR BE SECURED BY MECIIANIc'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 EVIBENCING THE ASSESSMENT SHALL BE
ISSUED IN FAVOR OF THE CITY OF CORPUS CHRISTI FOR T11E AMOUNT OF THE ASSESS-
• b
MENT$ WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANIC'S LIENS TO SECURE
THE PAYMENT OR NOTE AND SHALL BE PAYABLE FOR THE'PURPOSE OF FINANCING PAVING
IMPROVEMENT COSTS.
TIIAT 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 ON£ (1) YEAR ALL PAVEM ;NTS AND IMPROVEI•IENTS HEREIN-
ABOVE DESCRIBED? IFS IN THE JUDGMENT OF THE CITY COUNCIL, IT IS DEEMED
ADVISABLE TO REQUIRE SAME.
-5-
6
THAT SUCH SPECIFICATIONS SHALL REQUIRE THE BIDDER TO MAKE A 010
UPON THE TYPE OF IMPROVEMENTS ABOVE DESCRIBED, WITH MAINTCNANCE REQUIRE -
VENTS AS HEREIN PROVIDED.
• THAT Tilt SPCCIFICATIONS SHALL ALSO STATE THE AMOUNT OF THE PERFORM-
ANCE BOND AND PAYMENT BONO, EACH OF WHICH SHALL EQUAL THE AMOUNT OF Tilt DID,
AS WELL AS THE METHOD BY All: ICH IT IS PROPOSED TO PAY THE COST OF SAID
IMPROVEMENTS, SAID METHOD B•CING IN ACCORDANCE WITH THIS ORDINANCE.
SECTION 3. THE CITY COUNCIL, IN INITIATING THIS PROCECDING, IS
ACTING UNDER THE TER14S 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 14ETIIOD FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY
OF CORPUS CHRISTI, TEXAS, HAS BEEN ADOPTED DY THE SAID CITY.
SECTION II. THAT AFTER APPROVAL BY Tilt: CITY COUNCIL OF PLANS AND
SPECIFICATIONS, BIDS SHALL BC TAKEN FOR THE CONSTRUCTION OF THE WORK FOR TILE
TYPE OF CONSTRUCTION ENUMERATED ABOVE AND SET FORTH IN SAID PLANS AND SPECI-
FICATIoNS, AND THE WORK SHALL BE DONE, WITH THE MATERIALS AND ACCOI�gl.NG TO .
PLANS AND METHODS SELECTED DY THE: CITY COUNCIL, AFTER THE BIDS ARE OPENED
AND CONTRACT AWARDED.
d
_ SFfTmN THAT IT IS FURTHER PROVIDED AS IS STIPULATED BY TII£
PROVtSIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEY,AS, 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 IMPROVE14CNTS
• 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 A14D DIRECTED TO PREPARE A NOTICE
• IN THE NAItE OF SAID CITY OF ACTION TAKEN HEREIN AND 70 HAVE SAME FILED BY
THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE RECORDS OF SAID
COUNTY. _ �•
-6-
SECTION 6. THAT THE NEED FOR PREPARATION OF PLANS AND PROCEEDING
_ HITH IFIPROVE14ENTS AS HEREIN PROVIDED AS PROMPTLY AS POSSIBLE CREATES A PUBLIC
EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE THAT 140 ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON
_
THE DATE OF ITS INTRODUCTION AND THAT SUCH OROINANCE'OR RESOLUTION SIIALL
BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING
DECLARED SUCH EttERGEtICY 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
FORCE AND EFFECT FROM
����A..��NggDAFTER IT PASSAGE, IT IS ACCORbINGLY PASSED AND
APPROVED THIS THE �`/& DAY OF ` 1970.
ATTES n
c .�
CITY EC TARY Y R
APPROVED: O HE CITY OF CARPUS CHRISTI, TEXAS
j FHC. I TY •ATT NEY
t
14
Corpus Christi, Texas
4/ ,day of 2�-� 19 ?D
i
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.
The Charter rule was suspended by 4.
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick"Bradley, Jr./
Eduardo E. de Ases I/
Ken McDaniel
W. J. "Wrangler" Roberts,,
Ronnie Sizemore
The above ordinance was passed by the
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. ','Wrangler" Roberts
Ronnie Sizemore 1
Respectfully,
THE CITY OF CORPUS CHRISTI, TEXAS