HomeMy WebLinkAbout10803 ORD - 04/19/1972JRR/Mc 4/17 Tsi
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLOWING STREETS IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
GOLLIHAR ROAD FROM CADDO TO AIRLINE ROAD
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 CON-
CRETE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF
ENGINEERING SERVICES DETERMINES ADEQUATE SIDEWALKS, CURBS, 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 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 PLAITS
10803
AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE
DIRECTOR OF ENGINEERING SERVICES:
GOLLIHAR ROAD FROM CADDO TO AIRLINE ROAD
SECTION 2. THAT THE COST OF SAID IMPROVEMENTS SHALL BE ASSESSED
AGAINST ADJOINING PROPERTY AND PAID FOR AS FOLLOWS, TO -WIT:
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 (41) WIDE SIDEWALK ON EACH SIDE, OR WIDER WHERE NEEDED, PLUS DRIVE-
WAYS 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 (901) 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- 7120) OF CONSTRUCTION
COSTS FOR ENGINEERING. IN CALCULATING 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 ('OO %) OF COST OF CONSTRUCTION OF
CURBS AND GUTTERS] PLUS SIX AND ONE -HALF PERCENT (6 -1126) OF
CONSTRUCTION COSTS FOR ENGINEERING.
3. EIGHTY PERCENT (80/1'u) OF COST OF CONSTRUCTION OF SIDE -
WALK, PLUS SIX AND ONE -HALF PERCENT (6 -1/2%) OF CONSTRUCTION
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.
THE ABOVE METHOD SHALL BE USED REGARDLESS OF DEPTH AND SHAPE OF
LOT AND ANY PECULIAR CHARACTERISTICS, SUBJECTS HOWEVERy 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
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AT THE TIME OF CONSTRUCTION, AND FOR THE AMOUNT SHOWN TO HAVE BEEN
PREVIOUSLY 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 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 PARKING, BACKING OR TURNING ON THE SIDEWALK, 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 OF DRIVEWAY COST. PROPERTY IN THIS
CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT
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EXCEEDING 50% OF THE $4.75 RATE, AS WELL AS 50% OF SIDEWALK, AND 100p 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 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 ASSESSED AGAINST SAID OWNERS AND THEIR PROPERTY
RESPECTIVELY SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED
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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 PAIQ, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX
AND ONE-HALF (6 -112 %) PERCENT, WITH THE PROVISION THAT ANY OF SAID
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 (`LO)
- 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 SUBSTANTIAL EQUALITY OF BENEFITS RECEIVED BY AND BURDENS IMPOSED
UPON SUCH OWNERS.
THAT NO SUCH ASSESSMENTS SHALL BE_MADE AGAINST ANY OWNER OF
ABUTTING PROPERTY, OR OF A STREET RAILWAY OR STEAM RAILWAY, 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.
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 MECHANIC'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
EVIDENCING THE ASSESSMENT SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS
CHRISTI FOR THE AMOUNT OF THE ASSESSMENT, WHETHER THE PROPERTY OWNERS HAVE
EXECUTED MECIANIC'S LIENS TO SECURE THE PAYMENT OR NOT, AND SHALL BE PAY-
' ABLE 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 IFj IN THE JUDGMENT OF THE CITY COUNCIL) 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 BID, 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.
SECTION 3. THE CITY COUNCIL, IN INITIATING THIS PROCEEDING,
IS ACTING UNDER THE TERMS AND PROVISIONS OF THE ACT PASSED AT THE FIRST
CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, AND
KNOWN AS CHAP'.ER iO6 OF THE ACTS OF SAID SESSION, TOGETHER WITH ANY AMEND-
MENTS THERETO, NOW SHOWN AS ARTICLE 11058 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 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 COUNCIL, 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 'IMPROVE-
MENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESSMENTS AGAINST THE OTHER
PROPERTY ABUTTING UPON SAID STREET. FURTHER, THE CITY SECRETARY OF THE
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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 SUS-
PENSION 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 THE 1?4) DAY OF ,
!q IZ_.
ATTEST: I
ITY S`ECREiAR
THE CITY OF CORPUY CH7ISTI, TEXAS
APPROVED: '
DAY OF
m�"
/ ( /(p CITY ATTORNE
CORPUS CHRISTI, TEXAS, D
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.
RE CTFULL ,
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MAYOR
THE CITY OF CO S RISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LOZANO, SR. ✓��
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE /_
CHARLES A. BONNIWELL I
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK