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HomeMy WebLinkAbout10432 ORD - 08/25/1971JKH:8-25 -71 •• • AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: - 1. WEAVER STREET, FROM THE NORTH RIGHT -OF -WAY LINE OF PADRE ISLAND DRIVE TO A POINT 365 FEET NORTHEASTWARD TO EXISTING STREET IMPROVEMENTS; 2. SACKY STREET, FROM RICHTER STREET SOUTHEAST- WARD APPROXIMATELY 700 FEET TO A POINT 10 FEET EAST OF THE RIGHT OF WAY LINE OF ANITA STREET; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI DEEMS IT NECESSARY TO PERMANENTLY 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 THE 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 ENGINEERING SERV- ICES 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 ENGINEERING SERVICES AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF ENGINEERING SERVICES, SAID STREETS TO BE PAVED AND CURBS AND GUTTERS INSTALLED AS SHOWN ON THE PLANS AND SPECIFICA- TIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER: 1. WEAVER STREET, FROM THE NORTH RIGHT OF WAY LINE OF PADRE ISLAND DRIVE TO A POINT 365 FEET NORTHEASTWARD TO EXISTING STREET IMPROVEMENTS; 2. SACKY STREET, FROM RICHTER STREET SOUTHEASTWARD APPROXIMATELY 700 FEET TO A POINT 10 FEET EAST OF THE RIGHT OF WAY LINE OF ANITA STREET. 10432 SECTION 2. THAT THE COST OF SAID IMPROVEMENTS SHALL BE ASSESSED AGAINST ADJOINING PROPERTY AND PAID-FOR AS FOLLOWS, TO -WITS A. IMPROVEMENTS - STREET SHALL CONTAIN A PAVED SURFACE, PLUS TWO FEET (21) OF CURB AND GUTTER SECTION ON EACH SIDE, A MINIMUM OF FOUR -FOOT W) WIDE SIDEWALK ON EACH SIDES OR WIDER WHERE NEEDED PLUS DRIVEWAYS AS NEEDED. THE PAVED SURFACE SHALL BE AS DETERMINED BY THE DEPARTMENT OF ENGINEERING SERVICES 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. SUCII IMPROVEMENTS SHALL INCLUDE EXCAVATIONS CALICHE BASE SHELL BASE, LIME STABILIZED BASE, ASPHALT OILS ASPIIALT SUR- FACE, OR CONCRETE, AND INCLUDE SIX AND ONE -HALF PERCENT (6- 1/2,5) OF CONSTRUCTION COSTS FOR ENGINEERING. IN CALCULAT- ING THIS RATES CREDIT SHALL DE GIVEN TO THE ABUTTING OWNERS FOR AN ASSU14ED 18 -FOOT WIDE SECTION OF PAVEMENT WHICH WILL BE AN ASSUMED 9 FEET ABUTTING EACH PROPERTY, WHERE PAVEMENT EXISTS. 2. ONE HUNDRED PERCENT (100/5) OF COST OF CONSTRUCTION OF CURDS AND CUTTERS, PLUS SIX A14D ONE -HALF PERCENT OF CONSTRUCTION COSTS FOR ENGINEERING.- 3. EIGHTY PERCENT (60;'1) OF COST OF CONSTRUCTION OF SIDEWALKS PLUS SIX AND ONE -HALF PERCENT OF CON- STRUCTION COSTS FOR ENGINEERING. 4. ONE HUNDRED PERCENT (100,CS) OF COST OF CONSTRUCTION OF DRIVEWAYS PLUS SAX AND OIIE -HALF PERCENT (6 -1 /2p) OF CONSTRUCTION COSTS FOR ENGINEERING. 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 114EQUALITY OR INJUSTICE AND CORRESPONDING ADJUST- MENT. . CREDPT SHALL BE GIVEN-FOR EXISTING CURBS", GUTTERS, SIDEWALKS AND DRIVEWAYSt IF THEY MEET THE STANDARDS OF THE CITY OF CORPUS CHRISTI AT THE TIME OF CONSTRUCTION, AND FOR THE AMOUNT SHOWN TO HAVE BEEN PREVIOUS- LY SPENT FOR PERMANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY OWNER, 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 THE RATE C014PUTED ABOVE INCLUDING DRIVEWAYS. -2- 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 50N. WHERE IT BECOMES NECESSARY TO CONSTRUCT A HEADER CURB ALONG THE PROPERTY LINE OF COMMERCIALLY USED PROPERTIES TO PREVENT VEHICLES FROM PARKING BACKING OR TURNING ON THE SIDEWALKS THE HEADER CURB WILL BE 100% ASSESSED PLUS 6-112% 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 SCIIOOL PURPOSCS, THEN THE ASSESSMENT RATE WILL NOT EXCEED $11-75 FOR CURD AND GUTTER AND PAVEkCNT AND 100N OF DRIVEWAY COST. PROPERTY IN THIS CATE- GORY WHICH SIDES 014 A STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50% OF THE 84.75 RATES AS WELL AS 50p5 OF SIDEWALKS AND 100N 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 PAVEMENTS BUT WILL BE ASSESSED 505 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 FRONTING THE STREET. THE DETER14INATION 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 ASSESSED AGAINST SAID OWNERS AND THEIR PROPERTY, RESEPCTIVELY, SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (60) 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 (6-1/2;',) PERCENTS WITH THE PROVISION THAT ANY OF SAID -3- n INSTALLMENTS MAY BE PAID AT ANY TIME BEFORE MATURITY BY THE PAYMENT OF THE PRINCIPAL AND 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 (YO) DAYS AFTER THE ACCEPTANCE AND COMPLETION OF SAID IMPROVEMENTS. PROVIDED, THAT IF THE APPLICATION OF THE ABOVEMENTIONEO 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 -AMD 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 UURDENS IMP03CD UPON SUC11 OWNERS. THAT NO SUCH ASSESSMENTS SHALL BE IIADE AGA114ST ANY OW14ER OF ABUTTING PROPERTY, OR OF A STREET RAILWAY OR STEA14 RAILWAY, IF ANY, UNTIL AFTCR TIIE 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 114 ENHANCED VALUE THEREOF BY MEANS OF SUCH IMPROVEMENTS. FOR THAT PART OF THE COST OF THE IMPROVEMENTS THAT SHALL BE DETERMINED 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. PAV114G CERTIFICATES EVIDENCING THE ASSESSMENT SHALL BE ISSUED IN FAVOR OF THE CITY Or CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESSMENT, WHETHER THE PROPERI TY OWNERS HAVE EXECUTED MECHANIC'S LIENS TO SECURE THE PAYMENT OR HOT, AND SHALL BE PAYABLE FOR THE PURPOSE OF-FINANCING PAVING IMPROVEMENT COSTS. THAT THE DIRECTOR OF ENGINEERING SERVICES IS HEREBY DIRECTED TO PREPARE AT ONCE SPECIFICATIONS AND FILE THE SAME WITH THE CITY COUNCIL FOR THE HEREINABOVE DESCRIBED IMPROVEMENTS. THAT IN THE SPECIFICATIONS PREPARED PROVISION SHALL BE MADE TO REQUIRE ALL CONTRACTORS TO MAINTAIN FOR A TERM NOT LESS THAN ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREINABOVE DESCRIBED] IFy IN THE JUDGMENT OF THECITY 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 PERFORMANCE BOND AND PAYMENT BOND, EACH OF•WHICH SHALL EQUAL THE AMOUNT OF THE DID AS WELL AS THE METHOD BY WHICH IT IS PROPOSED TO PAY THE COST OF SAID IMPROVEMENTS' SAID METHOD BEING IN ACCORDANCE WITH THIS ORDINANCE. SECTIOtJ 3. TIIE CITY COUNCILS IN INITIATING THIS PROCCEDING, IS ACTING UNUER THE TERNS AND PROVISIONS OF THE ACT PASSED AT THE FIRST CALLED SESSION OF THE FORTIETH LCGISLQTURE OF THE' STATE OF TEXAS AND KNOWN • AS CHAPTER 106 OF TIIC ACTS OF SAID SESSION, TOGETHER WITH ANY AMENDMENTS THERETO NOW SHOWN AS ARTICLE 11058 OF VERNON'S TEXAS CIVIL STATCITES, WHICH SAID LAWS AS AN ALTERNATIVE METHOD FOR 'THE CONSTRUCTION OF STREET IMPROVEMENTS IN TIIE CITY OF CORPUS CHRISTI TEXAS, NAS 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 CONSTRUCTION OF THE WORK FOR THE TYPE OF CONSTRUCTION? ENUMERATED ABOVE AND SET FORTH IN SAID PLANS AND SPECIFICATIONS, 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 -5- ANY PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSESSMENT FOR STREET IMPROVE- MENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESSMENTS AGAINST THE OTHER PROPERTY ABUTTING UPONSAID STREET. FURTHER, THE CITY SECRETARY OF THE CITY 017 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•NECCSSITY REQUIRING THE SUSPEN- S ION 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, HAVING REQUESTED THE SUSPENSION 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 SO ORDAINED, THIS THEA6_kLDAY OF AUGUST, 1977• ATTEST: f CIT9 SECRETARY MAYOR THE CITY OF )/S CHRISTI, TEXAS APPROVED: G:4 DAY OF A`uST,1 1.9'T'I hi CITy/ATTORNEY / 171 • CORPUS CHRISTI, TEXAS r_ JDAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 11 THEREFOREI 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, i O MAYOR THE CITY OF CO CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE v CHARLES A. BONNIWELL V ROBERTO BOSQUEZ REV. HAROLD T. BRANCH v THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK 1; THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ t REV. HAROLD T. BRANCH aCc- THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK