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Home My WebLink About10431 ORD - 08/25/1971TEXAS: AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 34 -21 SO AS TO ADOPT A REVISED POLICY OF STREET ASSESSMENT; PROVIDING A SEVERANCE CLAUSE; PROVIDING A REPEALER, SPECIFICALLY REPEALING ORDINANCE NO. 10354, PASSED ON THE 14TH DAY OF JULY, 1971; PRO- VIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 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 DESIG14ATED AS SECTION 34 -21, READING AS FOLLOWS: "SECTION 34 -21. POLICY ON STREET ASSESSMENTS. THE POLICY FOR STREET PAVING ASSESSMENTS 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- S FOOT (41) WIDE SIDEWALK ON EACH SIDE, OR WIDER WHERE NEEDED, PLUS DRIVEWAYS 7/ AS NEEDED. THE PAVED SURFACE SHALL BE AS DETERMINED BY THE DEPARTMENT OF C' u 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: 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 16-FOOT WIDE SECTION OF PAVEMENT WHICH WILL BE AN ASSUMED 9 FEET ABUTTING EACH PROPERTY, WHERE PAVEMENT EXISTS. 2. ONE HUNDRED PERCENT (100,°0) OF COST OF CONSTRUCTION OF CURBS AND GUTTERS, PLUS SIX AND ONE -HALF PERCENT (6 -1 /2N) OF CONSTRUCTION COSTS FOR ENGINEERING. 3. EIGHTY PERCENT (810%) OF COST OF CONSTRUCTION OF SIDEWALK PLUS SIX AND ONE -HALF PERCENT (6- 1/20) OF CONSTRUCTION 1, COSTS FOR ENGINEERING. 4. ONE HUNDRED PERCENT {100;0 OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE-HALF PERCENT (6- 1/2}0) OF CONSTRUCTION COSTS FOR ENGINEERING. 10431 THE ABOVE METHOD SHALL BE USED REGARDLESS OF DEPTH AND SHAPE OF LOT AND ANY PECULIAR CHARACTERISTICS SUBJECTS 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 CONSTRUCTION, AND FOR THE AMOUNT SHOWN TO HAVE BEEN PREVIOUSLY SPENT FOR PERMANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY OWNERS 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, F,ACKING OR TURNING ON THE SIDEWALKy THE HEADER CURB WILL BE 100% ASSESSED, PLUS 6 -1/2% 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 STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50% OF THE $4.75 RATES AS WELL AS 50`do 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 DEEP, 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 CALCULATEO QUANTITIES AND FRONT FOOT MEASUREMENTS FOR THE IMPROVEMENTS ABUTTING THE PROPERTY.„ -2- 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 HEREWITH SHALL BE AND ARE HEREBY REPEALED TO THE EXTENT OF CONFLICT HERE - WITH,PARTICULARLY AND WITHOUT LIMITATION, ORDINANCE No. 10354, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 14, 1971; 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 THEIZ�lw) DAY OF AUGUST 1971 ATTEST: CI rS RTp CITY OF CHRISTI, TEXAS APPROVED: : DAY OF A�T, i 71 TTORNEY L - CORPUS CHRIST], TEXAS DAY OF 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, O MA THE CITY OF CO S HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL / ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES r GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE % CHARLES A. BONNIWELL ROBERTO BOSQUEZ 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. ' " J. HOWARD STARK �' PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueees. )ss Before me, the undersigned, a Notary Public, this day personally came......__—._ — _ ..- Leland G.....Barne.s ... . ..... . ....... — who being first duly sworn, according to law, says that be is the .... .............. Ma-nag4n --- - -------- ---------------- of the Corpus Christi Caller and The Corpus Christ[ Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of J es! - Notice of passage of ordinanc Leal " '-- Code--to adopt a revised polic ,&of stiggassessment---- of which the annexed is a true copy, was published in - Imen on the fth day 19-11 and-onee-eaelt . ......__Times. ... .... ... . a d ..Barnesp 1. dv. Mgr. Subscribed and sworn to before me Septemher_.... . ............ 19 21 Louise Vick County, 'Fexs A the Cih Council of the Clty M Carpus Christi, tluNng the Regular Council Meehn9 heltl August 25, 19]1, at i:M e.m.. antl Pravltles that 11 shall tak ffect tram and after Its PaSSaoe In L bllcallan, and tlmr penolh fu be a floe Pf Twa Hundred 15409.001 DPI UNDER MV HAND AN the Cif of Cwpus Chrlsll u %th tloy vF August, 19]1 TCfry Secx mCrlsli, Te