HomeMy WebLinkAbout10075 ORD - 01/20/1971OqK
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N 0 T I C E
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THAT THE CITY OF CORPUS CHRISTI TEXAS, ACTING BY AND THROUGH
• ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL, Oh. THE 20TH DAY OF JANUARY,
f 1971, BY ORDINANCE N0. io,O76 , DETERMINED THE NECESSITY FOR AND
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ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET:
GOLLIHAR ROADS FROM AYERS STREET TO KOSTORYZ ROAD,
WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID STREET]
E WITHIN THE LIMITS ABOVE DESCRIBED TO BE IMPROVED BY RAISING, GRADING,
�. FILLINGS WIDENING, PAVING REPAVING OR REPAIRING SAME AND BY THE CONSTRUC-
TION, RECONSTRUCTION, REPAIRING OR REALIGNING OF 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 LINES AND BY THE CONSTRUCTION'OF SUCH
STORM SEWERS AND DRAINS, IF ANY, TOGETHER WITH ALL OTHER NECESSARY
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 THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS.
i THAT ORDINANCE NO. 10,077 , PASSED BY THE CITY COUNCIL ON
THE 20TH DAY OF JANUARY 1971, PROVIDED THAT THE AMOUNTS PAYABLE BY THE
REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND BECOME
PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY
OWNER:
1. ALL IN CASH WITHIN TWENTY (20) DAYS AFTER COMPLETION OF
ACCEPTANCE BY THE CITY; ORS
2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COM-
PLETION OF SAID WORK AND ITS ACCEPTANCE BY THE},CITY, AND 20% RESPECTIVELY
ON OR BEFORE ONE YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE
COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST
FROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT
+ THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM; ORS `
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3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALL-
MENTS, THE FIRSTOF WHICH SHALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE
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COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY,
'AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) EQUAL CONSECUTIVE MONTHLY
INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND
CONTINUING THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL
THE ENTIRE SUM IS PAID IN FULL, TOGETHER WITH INTEREST FROM THE DATE OF
SAID COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE OF
SIX AND ONE -HALF PERCENT (6-1/2%) PER ANNUM; PROVIDED HOWEVER THAT
THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR "3"
ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE, OR ALL, OF SUCH INSTALL-
MENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF
PRINCIPAL DUE, TOGETHER WITH INTEREST ACCRUED TO THE DATE OF PAYMENT.
AND SAID ORDINANCE FURTHER PROVIDED THAT THE AMOUNTS PAYABLE BY THE
ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSESSED
AGAINST SAID PROPERTY AND SAID TRUE OWNERS THEREOF SHALL CONSTITUTE A
FIRST AND PRIOR LIEN ON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY
OF THE REAL AND TRUE OWNERS THEREOF.
THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS'f
-- NOTICE TO BE FILED BY T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL _
OF TH_E`CITY TO BE HERETO AFFIXED THIS THE 20TH DAY OF JANUARY, 1971•
.....°
CITY OF PUS RISTI
BY /(�1
T. RAY KRI{G, TY SE RETARY
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THE STATE °OF TEXAS
COUNTY'1411` NUECES
BEFORE MEN THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI1 KNOWN
TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRU-
MENT AND ACKNOWLEDGED TO ME THAT HE SIGNED THE SAME IN HIS CAPACITY AS
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` CITY SECRETARY FOR THE PURPOSES AND CONSIDERATION THERIN EXPRESSED, AND
AS ^THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, TEXAS.
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`�=i:"���•i GIVEN UNDER MY HAND AND SEAL OF OFFICES THIS THE 20TH DAY OF
-, =.c .�•JAnUAkY, 1971-
N ARY UBLIC IN AND FOR NUECES COUNTY,
TEXAS
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DEED RECORDS
` VOL1386 PACE947
ejw:1/20/71
AN ORDINANCE
ADOPTING A NEW POLICY OF STREET ASSESSMENTS APPLICABLE
TO ALL STREET IMPROVEMENT PROJECTS HEREAFTER CONSTRUCTED
IN THE CITY OF CORPUS CHRISTI, BY THE ADOPTION OF A NEW
SECTION OF THE CORPUS CHRISTI CITY CODE, 1958, TO BE
DESIGNATED SECTION 34 -21; PROVIDING A SEVERANCE CLAUSE;
PROVIDING REPEALER SPECIFICALLY REPEALING ORDINANCE
NO. 9535, OF 1969; ADOPTING SEC. 34 -21 FOR THE CITY
CODE OF ORDINANCES; PROVIDING FOR PUBLICATION; AND DE-
CLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,
BE AND THE SAME IS HEREBY AMENDED BY THE ADOPTION] OF A NEW SECTION, TO BE
DESIGNATED AS SECTION 34 -21, READING AS FOLLOWS:
"SECTION 34 -21. POLICY ON STREET ASSESSMENTS. THE POLICY FOR
STREET PAVING ASSL55MENTS IN THE CITY OF CORPUS CHRISTI SHALL BE AS FOLLOWS:
A. 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.
B. ASSESSMENT POLICY - PROPERTY OWNERS ABUTTING ON EACH SIDE OF
THE STREET SHALL BE ASSESSED ON THE FRONT FOOT BASIS AS FOLLOWS:
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1. NINETY PERCENT (90%) OF COST OF IMPROVEMENTS RELATING
TO PAVEMENT FOR ONE -HALF OF THE STREET ABUTTING PROPERTY.
SUCH IMPROVEMENTS SHALL INCLUDE EXCAVATION, CALICHE BASE,
SHELL BASE, LIME STABILIZED BASE, ASPHALT OIL, ASPHALT
SURFACE, OR CONCRETE, AND INCLUDE SIX AND ONE -HALF PERCENT
(6 -1/2 %) OF CONSTRUCTION COSTS FOR ENGINEERING. IN CALCU-
LATING THIS RATE, CREDIT SHALL BE GIVEN TO THE ABUTTING
OWNERS FOR AN ASSUMED 18-FOOT WIDE SECTION.OF PAVEMENT
WHICH WILL BE AN ASSUMED 9 FEET ABUTTING EACH PROPERTY,
WHERE PAVEMENT EXISTS.
2. 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.
3. EIGHTY PERCENT (GO,o) OF COST OF CONSTRUCTION OF SIDEWALK
PLUS SIX AND ONE -HALF PERCENT (6 -1/2) OF CONSTRUCTION
y COSTS FOR ENGINEERING.
4. ONE HUNDRED PERCENT (100 %) OF COST OF CONSTRUCTION OF
DRIVEWAYS, PLUS SIX AND ONE -HALF PERCENT (6 -1/2%) OF
CONSTRUCTION COSTS FOR ENGINEERING.
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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 ADJUSTMENT.
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 CONSTRUCTION2 AND FOR THE AMOUNT SHOWN TO HAVE BEEN PREVIOUSLY SPENT
FOR PERMANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY OWNER2 IN EXCESS OF THE
9 -FOOT WIDE PAVEMENT CREDIT ABUTTING THE PROPERTY AS DESCRIBED ABOVE.'
PROPERTY WHICH SIDES ALONG THE STREET BEING IMPROVED SHALL BE ASSESSED
AT THE RATE COMPUTED ABOVE INCLUDING DRIVEWAYS.
PROPERTY BACKING ONTO A STREET BEING PAVED WILL BE ASSESSED THE SAME
RATE AS ABOVE EXCEPT IF ACCESS IS PROHIBITED, THEN THE RATE WILL BE REDUCED
BY 50%.
WHERE IT BECOMES NECESSARY TO CONSTRUCT A HEADER CURB ALONG THE
PROPERTY LINE OF COMMERCIALLY USED PROPERTIES TO PREVENT VEHICLES FROM PARK-
ING, 13ACKING OR TURNING ON THE SIDEWALK, THE HEADER CURB WILL BE 100,% ASSESSED,
PLUS E1 -111214 OF CONSTRUCTION COSTS FOR ENGINEERING, AGAINST THE ABUTTING PROPERTY.
WHERE THE CITY COUNCIL FINDS THAT PROPERTY IS PLATTED FOR AND
COMMITTED IN WRITING 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 GUTTER AND PAVEMENT
AND 100% OF DRIVEWAY COST. PROPERTY IN THIS CATEGORY WHICH SIDES ON A ZTREET
BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50% OF THE $4.75 RATE, AS WELL
AS 50% OF SIDEWALK, AND 100% OF DRIVEWAYS.
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 BE 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 DEEPS THEN THE RATE WILL BE THE SAME AS IF PROPERTY WERE FRONT-
' ING 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."
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SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL
JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT ANY VALID
PROVISIONS OF-THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO
WHICH THESE RULES AND REGULATIONS RELATE.
SECTION 3. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE=
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WITH SHALL BE AND ARE HEREBY REPEALED TO THE EXTENT OF CONFLICT HEREWITH
PARTICULARLY, AND WITHOUT LIMITATION, ORDINANCE NO. 9535, OF 1969, ADOPTING
SEC. 34 -21, FOR THE CITY CODE OF ORDINANCES; PROVIDED, HOWEVER, THAT ALL RIGHTS,
BENEFITS, TITLES, INCOME, CHARGES AND ASSESSMENTS OWNED BY OR DUE TO THE CITY
OF CORPUS CHRISTI UNDER ANY PREVIOUS PAVING ASSESSMENT ORDINANCES, OR OTHER
ORDINANCES, ARE HEREBY EXPRESSLY RESERVED AND SAVED FOR THE BENEFIT OF THE
CITY.
SECTION 4. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL
PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN
THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE.
SECTION 5'. THE NECESSITY TO AMEND THE CORPUS CHRISTI CITY CODE'
AS HEREINABOVE SET FORTH AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC
EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 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, AND HAVING REQUESTED THE
SUSPENSION OF THE CHARTER RULE, AND THAT THIS ORDINANCE BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM:AND AFTER ITS PASSAGE AND PUBLICATION,,;IT IS ACCORDINGLY SO
ORDAINED, THIS THE 20TH DAY OF JANUARY, 1971.
A7TTES -/
V-r-, x -,
CITY SECRE AR 9 Y R
THE CITY OF CORPUS CHRISTI, TEXAS
20TH D / //�
APPROVE
Q. OF I/ U9/ Y, ` 1971
SI* ATTORNEY
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Corpus Christi, etas'
e2 tAi day o
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,
0
OR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon Z/
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. lowing vote:
Jack R. Blackmon s
Gabe Lozano, Sr. /
V. A. "Dick" Bradley, t Jr
Eduardo E. de Ases V
Ken McDaniel
W. J. "Wrangler" Robertds
Ronnie Sizemore
0
PUBLISHEWS AFFIDAVIT
STATE OF TEXAS, ss:
County of Nueees.
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
............................. who being first duly sworn, according to law, says that he is the
............ Claszifie•d..Ma flags .r .......................... of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
. .... Legal ......................... — ........ ...—
of which the annexed is a true copy, was published in .............the... Tit: ie• s ............................................. _ .....
—
on the _.... 2ak. day of. .... JaiD ARXY-^ ............... 19......7J- aED(k= mce= h.._......................... thm PINE&MY------------------- .._...
glsuBS..._....._ .............. ...............................
..... ........................Times. //
6..60. _....._.. !u ....�
Lel rid G, Barnes, C Adv, M r,
Subscribed and sworn to before me this _........ 2.(a...... ;day of a31ua r;y ............... �9. --71 .......
_�ot �� .. Gj.�_Louise Vick , Nueces County, as