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HomeMy WebLinkAbout09949 ORD - 10/07/197010/7/70:.F AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. ELVIRA DRIVE, JOSE DRIVE, VALDEZ DRIVE AND YOLANDA DRIVE, FROM WEST POINT ROAD TO BLOOMINGTON; Z. RAMONA, FROM WEST POINT ROAD TO SKINNER ;. 3. EAST AND WEST THERESA STREET, FROM BLOOMINGTON TO LOLITA; 4. THERESA STREET, FROM LOLITA STREET TO HORNE ROAD; 5. MOLINA DRIVE, BARRERA DRIVE AND ANGELA DRIVE, FROM LINDA VISTA TO WEST POINT ROAD; 6. BUSH AVENUE, FROM WEST POINT ROAD TO PADRE ISLAND DRIVE (S.H. 358); �COLUMBIA STREET, FROM LINDA VISTA TO WEST POINT ROAD; . LINDA VISTA, FROM COLUMBIA TO PADRE ISLAND DRIVE (S.H. 358); 9. NATIONAL DRIVE, FROM COLUMBIA STREET TO ANGELA DRIVE; 10. WEST POINT ROAD, FROM COLUMBIA STREET TO BUSH AVENUE; 11. VILLAREAL DRIVE, FROM COLUMBIA STREET TO ELVIRA DRIVE; 12. SKINNER, FROM VALDEZ DRIVE TO JOSE DRIVE; AND 13. BLOOMINGTON, FROM COLUMBIA STREET TO MOLINA 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, 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 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 SHALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING, OR REPAIRING SAME, BY THE CON- STRUCTION, 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 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 INSTALLED AS SHOWN ON THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER: I. ELVIRA DRIVES .LOSE DRIVES BALDEZ DRIVE AND YOLANDA DRIVES FROM WEST POINT ROAD TO BLOOMINGTON; 2. RAMONA, FROM WEST POINT ROAD TO SKINNER; 3. EAST AND WEST THERESA STREETS FROM BLOOMINGTON TO LOLITA; 4. THERESA STREET, FROM LOLITA STREET TO HORNE ROAD; 5. MOLINA DRIVES BARRERA DRIVE AND ANGELA DRIVE, FROM LINDA VISTA TO WEST POINT ROAD; 6. BUSH AVENUE, FROM WEST POINT ROAD TO PADRE ISLAND DRIVE (S.H. 350); %. COLUMBIA STREETS FROM LINDA VISTA TO WEST POINT.ROAD; LINDA VISTAS FROM COLUMBIA TO PADRE ISLAND DRI1`E (S.H. 358)9 9. NATIONAL DRIVES FROM COLUMBIA STREET TO ANGELA DRIVE; 10. WEST POINT ROADS FROM COLUMBIA STREET TO BUSH AVENUE; 11. VILLAREAL DRIVE, FROM COLUMBIA STREET TO ELVIRA DRIVE; 12. SKINNERS FROM VALDEZ DRIVE TO .JOSE DRIVE; AND 13. BLOOMINGTON FROM COLUMBIA STREET TO MOLINA DRIVE, SECTION 2. THAT THE COST OF SAID IMPROVEMENTS SHALL BE ASSESSED AGAINST ADJOINING PROPERTY AND PAID FOR AS FOLLOWS2 TO -WIT; A. THE COST OF IMPROVING SO MUCH OF SAID STREETS AND THEIR INTER- SECTIONS 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 LANESj AND PARTIALLY ADJUSTED FRONTAGES ON PROPERTY EXCEPT SO MUSH THEREOF AS SHALL BE BORNE BY STREET RAIL- WAYS 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 OWNERS 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 MANNERS TO -WITS -2- S .MOLINA AREA NEIGHBORHOOD IMPROVEMELVT PROGRAM This project is titled as the Molina Area Street Improvements and is part of the Molina Area Neighborhood Improvement Program. The code enforcement project is funded, in part, by the U. S. Iepartment of Housing and Urban Development. The project is to be constructed by excavating the streets to a width and depth to permit the laying of standard 6" curb and gutter section, and the installation of the pavement varying in thickness from 8" of compacted caliche and 1" of Type "D" Asphaltic Concrete surface to 10" of.compacted caliche base in 2" of Asphaltic Concrete surface. There are three types of street widths proposed for the project: (1) 28' wide measured from the back of the curb for residential streets (2) 40' wide measured Prom the back of curb along school property (3)• 45' wide measured from the back of curbs on major collectors Also to be constructed on this project are reinforced concrete sidewalks varying -in width from 4' to 5'4" thick, concrete driveways where needed and if required by property owners, and storm sewers to properly drain the street. Header curbs are provided where required to control off street parking. The assessment rate has been determined by using the unit prices taken from the bid submitted by Heldenfels Brothers and separating the items in the contract into five categories which the Department of Housing and Urban Development will partici- pate in with the City. After the total cost of the participating items in the five categories have been established, then 1/3 of the cost was divided by the total amount of either linear or square footage assessable on the project. Based on this, the rate of assessments are as follows: Pavement ........... ............................... $3.32 p.l.f. Curb and Gutter ..: ............................... 1.34 p.l.f. Sidewalk .................... 0.22 p.s.q. Driveways .......... ............................... 0.40 p.s.f. Header Curb ........ ............................... 1.15 p.s.f. Credits have been allowed for existing improvements such as curbs, gutters, and pavement, as well as sidewalks where they exist. i Total Contract Price $1,111,908.20 Total Assessments (Preliminary Roll) 333,571.68 Total Cost - City's Portion and HUD's Portion M,336-52 •52 i D. IMPROVEMENTS,- STREETS SHALL CONTAIN A PAVED SURFACES PLUS TWO FEET (21) OF CURB AND GUTTER SECTION ON EACH SIDES A MINIMUM OF FOUR- FOOT (0) WIDE SIDEWALK ON EACH SIDES OR WIDER WHERE NEEDEDj 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. THE DETERMINATION DETERMINATION OF THE ASSESSMENT RATE SHALL BE MADE BY 'APPLY- ING 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 OWNERS 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 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- 112°%) PER CENTS WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT ANY TIME 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 HIM 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 APPORTIONMENTS SO AS TO PRODUCE A SUBSTNATIAL 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 RAILWAYS IF ANY UNTIL AFTER THE NOTICE AND HEARING PROVIDED BY LAWS 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. -3- THAT THE CONTRACTOR SHALL BE PAID FOR THE WORK PERFORMED UNDER THE SPECIFICATIONS UPON MONTHLY ESTIMATES TO BE PREPARED BY THE DIRECTOR OF PUBLIC WORKS. THAT THERE SHALL BE DEDUCTED AS A RETAINAGE FEES TEN (1010) 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 i. THE LOTH DAY OF THE NEXT SUCCEEDING MONTH FOR THE WORK PERFORMED DORING THE PREVIOUS MONTH. FOR THAT PART OF THE COST OF THE IMPROVEMENTS THAT SHALL BE DETER- MINED 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 OF CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESS- MENT WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANICS LIENS TO SECURE THE PAYMENT OR NOTE 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 HEREIN - ABOVE DESCRIBED PAVEMENT AND IMPROVEMENTS. THAT IN THE SPECIFICATIONS PREPAREDj PROVISION SHALL BE MADE TO REQUIRE ALL CONTRACTORS TO MAINTAIN FOR A TERM NOT LESS THAT ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREIN - ABOVE DESCRIBED, IF, IN THE JUDGMENT OF THE CITY COUNCILS 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 PERFORM- ANCE BOND AND PAYMENT BONDS EACH OF WHICH SHALL EQUAL THE AMOUNT OF THE BIDS AS WELL AS THE METHOD BY WHICH IT IS PROPOSED TO PAY THE COST OF SAID IMPROVE- MENTS, SAID METHOD BEING IN ACCORDANCE WITH THIS ORDINANCE. SECTION 3. THE CITY COUNCILS IN INITIATING THIS PROCEEDING2 IS ACTING UNDER THE TERMS AND PROVISIONS OF THE ACT PASSED AT THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXASj AND KNOWN AS CHAPTER 106 OF THE ACTS OF SAID SESSION, TOGETHER WITH ANY AMENDMENTS - THERETO NOW SHOWN AS ARTICLE 1105B 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. SECTION 4. THAT AFTER APPROVAL BY THE CITY COUNCIL OF PLANS AND SPECIFICATIONS BIDS SHALL BE TAKEN FOR THE COSTRUCTION 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 COUNCILS 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 IMPROVEMENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESSMENTS AGAINST THE OTHER PROPERTY ABUTTING UPON SAID STREET. FURTHERS 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 SUSPENAION 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 MAYORS HAVING DECLARED SUCH EMERGENCY 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 AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF ATTEST: f CITY SECRE AR APPROVED:.. 7TH Or OF OgOBF,) 1970: 5A� ATTORNEY TO THE MEMBERS OF TILE 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 the 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 folio ng vote: Jack R. Blackmon r Gabe Lozano, Sr. V. A. "Dick" Bradley, Jrj. Eduardo E. de Ases Ken McDaniel W. J. ','Wrangler" Roberts !f Ronnie Sizemore 0 a