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HomeMy WebLinkAbout10870 ORD - 05/24/1972JRR/Mc 5/1972 1ST AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENTS OF AIRLINE ROAD FROM 300' NORTH OF ALAMEDA STREET TO OCEAN DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES 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 IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS HAS DETERMINED THE NECESSITY FOR, AND HAS DECIDED TO 114PROVE AIRLINE ROAD FROM 3001 NORTH OF ALAMEDA STREET TO OCEAN DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE EXISTS A PUBLIC NECESSITY FOR, AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY DETERMINE THAT IT IS NECESSARY TO- IMPROVE AIRLINE ROAD FROM 3001 NORTH OF ALAMEDA STREET TO _ OCEAN DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; SECTION 2. THAT IT IS HEREBY ORDERED THAT THE SAID STREET, WITHIN THE LIMITS ABOVE DESCRIBED, SHALL BE IMPROVED BY THE CONSTRUCTION, RECONSTRUC- TION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, CURBS, GUTTERS, DRIVE- WAYS AND PAVEMENT WHERE THE DIRECTOR OF ENGINEERING SERVICES DETERMINES ADEQUATE IMPROVEMENTS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND AS PRdVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF ENGINEERING SERVICES. ALL OF SAID IMPROVEMENTS ARE AS MORE PARTICULARLY SHOWN ON THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS, ON FILE IN THE OFFICE OF THE DIRECTOR OF ENGINEERING SERVICES; SECTION 3. IN PROVIDING FOR AND MAKING SUCH IMPROVEMENTS, THE CITY COUNCIL HEREBY DETERMINED TO PROCEED UNDER, AND IN THE EXERCISE OF, THE POWERS, TERMS AND PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AS SET OUT IN ARTICLE 11056, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED. SECTION 4. THE DIRECTOR OF ENGINEERING SERVICES FOR THE CITY OF CORPUS CHRISTI IS HEREBY DIRECTED TO PREPARE FORTHWITH AND FILE WITH THE f _10870 JRR /Mc 5/1.9/72 1ST CITY COUNCIL COMPLETE PLANS AND SPECIFICATIONS FOR SUCH PROPOSED IMPROVEMENTS; SECTION 5. 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'1 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 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. 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 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 (1000) OF COST OF CONSTRUCTION OF CURBS AND GUTTERS, PLUS SIX AND ONE -HALF PERCENT (6 -1120) OF CONSTRUCTION COSTS FOR ENGINEERING. 3. EIGHTY PERCENT (bon) OF COST OF CONSTRUCTION OF SIDE - WALK, PLUS SIX AND ONE -HALF PERCENT (6 -1/20) OF CONSTRUCTION COSTS FOR ENGINEERING. 4. ONE HUNDRED PERCENT (100%) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE -HALF PERCENT (6 -1 /2n) OF CONSTRUCTION COSTS FOR ENGINEERING. 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 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 IF PROHIBITED, THEN THE RATE WILL BE REDUCED BY Son. JRR /Mc 5/19/72 'IST 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 C014- MITTED 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 PAVE — c MENT,AND.IOOp..OF.DRI.V.EWAY.- COST,. PROP.ERTY.6N.THISaCATEGORY -WHICH- SfI�DES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50% OF THE 4.75 RATE, AS WELL AS 50% OF SIDEWALKS 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, 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 -112p) 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 (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 -3- JRR /MC 5/1.9/72 1ST 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 APPORTIONMENT, 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 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 ASSESSMENT' WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANICS LIENS TO SECURE THE PAY- MENT OR NOTE AND SHALL BE PAYABLE FOR THE PURPOSE OF FINANCING PAVING IMPROVE- MENT COST. THAT THE DIRECTOR OF ENGINEERING SERVICES IS HEREBY DIRECTED TO PRffPARE AT ONCE SPECIFICATIONS AND FILE THE SAME WITH THE CITY COUNCIL FOR THE HEREINABOVE DESCRIBED IMPROVEMENTS. THAT IN THE SPECIFICATIONS PREPARED, PROVISION SHALL BE f,A DE TO REQUIRE ALL CONTRACTORS TO MAINTAIN FOR A TERM NOT LESS THAN ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREINABOVE DESCRIBED, IFS 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 BONDS EACH OF WHICH SHALL EQUAL THE AMOUNT OF THE BIDS AS, WELL AS THE METHOD BY WHICH IT 15 PROPOSED TO PAY THE COST OF SAID IMPROVEMENTS, SAID METHOD BEING IN ACCORDANCE WITH THIS ORDINANCE. ' JRR /Mc 5/19/72 SECTION 6. THAT AFTER APPROVAL BY THE CITY COUNCIL OF PLANS AND SPECIFICATIONS, BIDS SHALL BE TAKEN FOR THE CONSTRUCTIONOF THE WORK FOR THE TYPE OF CONSTRUCTION ENUMERATED ABOVE AND SET FORTH IN SAID PLANS AND SPECI- FICATIONS, 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 7. ANY SECURITY, LIEN OR DOCUMENT WHICH, IN THE OPINION OF THE CITY ATTORNEY, IS REASONABLY NECESSARY, IN ADDITION TO THE PAVING ASSESSMENTS AND ASSIGNABLE CERTIFICATES ABOVE MENTIONED, TO SECURE THE PAYMENT OF THE PART OF THE COSTS OF THE IMPROVEMENTS ASSESSED AGAINST THE ABUTTING s PROPERTY AND THE OWNERS THEREOF, SHALL BE OBTAINED. SECTION 8. THE CITY SECRETARY IS DIRECTED TO CAUSE TO BE PREPARED A NOTICE OF THE ENACTMENT OF THIS ORDINANCE AND FILE SAID NOTICE WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE OR DEED OF TRUST RECORDS OF SAID COUNTY. ' SECTION 9. 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 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, 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 211TH DAY OF MAY, 1972. ATTEST: O CIT SECRETAR OR THE CITY OF CORPS HRISTI, TEXAS APPROVED: L1 A OF MAY, 1972: EY CORPUS CHRISTI, 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 A'T THREE MEETINGS OF THE CITY COUNCIL; 11 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. ESP TFU LLY� 6 0 MAYOR THE CITY 01 COR S HRISTI, 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 �l GABE LOZANO, SR. / J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES l4x� GABE LOZANO, SR. J. HOWARD HOWARD STARK UL236 MACU974 JRR:dp:5 -24 -72 y+ St3;1_59 R-0 _T1 C E DEED RELORDS VQL1432 PAGE232 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, on the 24th day of May, 1972, by Ordinance No. 10870 , determined the necessity for and ordered the im- provement of a portion of the following street: Airline Road from 300' North of Alameda Street to Ocean Drive, within the City of Corpus Christi, NN—is County, Texas, said street, within the limits above described, to be improved by raising, grading, filling, widening, paving, repaving or repairing same and by the construction, recon- struction, repairing or realigning of concrete 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 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 Engineering Services and as provided for in the plans and specifications for such improvements thereof as prepared by said Director of Engineering Services. That Ordinance No. 10871 , passed by the City Council on the 24th day of May, 1972, 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 and acceptance by the City; or, 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; or, 3. Payments to be made in maximum of sixty (60) equal install- ments, the first of which shall be paid within twenty (20) days after the ,RL236 !�ACU975 completion of said improvement, and the acceptance thereof by the City, and the balance to be paid in fifty -nine (59) equal consecutive monthly install- ments 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 installments 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 Notice to be filed by T. Ray Kring, City Secretary, and the official seal.,of b the City to be hereto affixed this the 24th day of May, 1972. CITY OF CO S ISTI By T. Ray Krin , C Secretary THE STATE OF TEXAS ) COUNTY OF NUECES ) Before me, the undersigned authority, on this day personally appeared T. RAY KRING, City Secretary of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he signed the same in his capacity as City Secretary for the purposes and consideration therein expressed, and as the act and deed of said City of Corpus Christi, Texas. - r7+ Given under my hand and seal of office, this the 24th day of QMay.,` 1972: +::h :'mod °j �" `' 8. •; '.t •. LZ�✓`� ✓'- •C�[_/ '_ n ; •, �' �F. ; Notary P lic in and or Nueces County, r -'•. �•� � - Tex s ry `....... ` ' =cairn of Fins (( y •� �`� COUNTY OF NIECES 1 �` I hereby certify that thh Instrument was FI110 on lM N data and at the Ume stamped hereon by me; and was MY o <`-- RECORDED, in the Volume and Page of the named RECOROC C) R ' of Nueces County, Texas, as stamped hereon by me. an U f�.•. ` U - -p MAY 251972 Cr o ^�yl � o0 Q W N +� ,4r COUNTY CLERK, .2 a #S� Q NUEM COUNTY. T XM U_ ads DEED RECORDS vo4432 PACE233 .