HomeMy WebLinkAbout11057 ORD - 09/06/1972• JRR:vmp
8/30/72:1et , • ,
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLOWING STREETS IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
(1) GREENWOOD DRIVE, FROM THE NORTH R.O.W. LINE
OF SOUTH PADRE ISLAND DRIVE (STATE HIGHWAY 358) TO
THE SOUTH R.O.W. LINE OF HORNE ROAD;
(2) WEST POINT ROAD, FROM THE WEST R.O.W. LINE OF
GREENWOOD DRIVE TO THE EAST R.O.W. T. OF COLUMBIA
PARKWAY;
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 Services
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 specifications for such improve-
ments on file in the office of the Director of Engineering Services:
(1) Greenwood Drive, from the north R.O.W. line of South Padre
Island Drive (State Highway 358) to the south R.O.W. line of Horne Road;
(2) West Point Road, from the west R.O.W. line of Greenwood Drive
to the east R.O.W. line of Columbia Parkway.
11057
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 (2') of curb and gutter section on each side, a minimum of four -foot
(4') 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 (904) 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 1/24) 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 (1004) of cost of construction of
curbs and gutters, plus six and one -half percent (6 1/24) of
construction costs for engineering.
3. Eighty percent (804) of cost of construction of side-
walk, plus six and one -half percent (6 1/24) of construction
costs for engineering.
4. One hundred percent (1004) of cost of construction of
driveways, plus six and one -half percent (6 1/24) of construction
costs for engineering.
5. Where churches abut on two streets and double frontages
are indicated, then the assessment rate for the church shall be
reduced to 504 of the residential rate on the street which the
improvements physically aides the determination as to whether
the property is siding will be dependent upon the actual location
of improvements on the property.
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
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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
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 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 5M.
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 SIDEWALK2 THE HEADER CURB WILL
BE 100p ASSESSED, PLUS 6 -1125 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
11 CHURCH
OR SCHOOL PURPOSES, THEN THE ASSESSMENT RATE WILL NOT EXCEED $4.75 FOR
CURB AND GUTTER AND PAVEMENT AND 10Yja OF DRIVEWAY COST. PROPERTY IN THIS
CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT
EXCEEDING 5Wo OF THE $4.75 RATES AS WELL-As 50p OF SIDEWALKS 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 PAVEMENTS BUT WILL BE ASSESSED 50% OF SIDEWALKS 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
-3-
SIXTY (60) IN NUMBERS THE FIRST OF WHICH SHALL BE PAYABLE WITHIN TWENTY
(`LO) 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
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 (201
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 EQUITABLEj HAVING IN VIEW THE SPECIAL BENEFITS
IN ENHANCED VALUE TO BE RECEIVED BY EACH OWNER OF SUCH PROPERTYj 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 ASSESSMENTS WHETHER THE PROPERTY OWNERS HAVE
EXECUTED MECHANIC'S LIENS TO SECURE THE PAYMENT OR NOTE AND SHALL BE PAY-
ABLE FOR THE PURPOSE OF FINANCING PAVING IMPROVEMENT COSTS.
-4-
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 DESCRIBEDj IFS IN THE JUDGMENT OF THE CITY 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 BIDS 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 COUNCILS IN INITIATING THIS PROCEEDING
IS ACTING UNDER THE TERMS AND PROVISIONS OF THE ACT PASSED AT THE FIRST
CALLED SESSION OF T HE FORTIETH LEGISLATURE OF THE STATE OF TEXAS AND
KNOWN AS CHAPTER 106 OF THE ACTS OF SAID SESSIONS TOGETHER WITH ANY AMEND-
MENTS THERETO NOW SHOWN AS ARTICLE 1105B OF VERNON'S TEXAS CIVIL STATUTES,
WHICH SAID LAWS 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 DONEE 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. FURTHERS THE CITY SECRETARY OF THE
-5-
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 IIS.�ACCORDINGLY SO ORDAINED, THIS THE 4--tk DAY OF r ,
-' L /1
ATTEST: / Q
CITY SECRE A MAYOR
THE CITY OF`CORP RISTI, TEXAS
APPROVED:
DAY OF
/CITY A ORNEY
v / - ,.
CORPUS CHRISTI, TEXAS
DAY OF ..Qy� --f 19_2.2,
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
13C 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.
RES LLY,
/I
YOR
THE CITY -OF CO CHRISTI,, 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 ✓-
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
. BONNIE SIZEMORE ✓ � '
CHARLES A. BONNIWELL 1X
ROBERTO.BOSQUEZ, M.D. '
'REV. HAROLD T. BRANCH r.
THOMAS V. GONZALE5 /I '
GABE LOZANO, SR.
J. HOWARD STARK
JRR: vmp,�C� 1
8/31/72:lst DE[D REL;ORDS .,AuUFlwl� ( A
VOL144� PACE 706 MUM OF NUWM LJ91.992
1 Its19hy eertity that this Instrument was FILM; w Ow
111119 end at the time Stamped hereon by mel mW was AL"
RECORDED, In the Volume and Page al the Inmed RECORDIII
ROLL 250 IN CE 240 Of Nuema County, TOUS. as stamped hereon M me, do
SEP 7 1972
NOTICE �tr onf7
�� //4
THE STATE OF TEXAS ) �a COUNTY CLERK,
) KNOW ALL MEN BY THE5MMETrIVI'"
COUNTY OF NUECES )
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council, on the 6th day of September,
I
1972, by Ordinance No. 11057 determined the necessity for and ordered the
improvement of a portion of the following street:
(1) Greenwood Drive, from the north R.O.W. line of South Padre
Island Drive (State Highway 358) to the south R.O.W. line of Horne Road;
(2) West Point Road, from the west R.O.W. line of Greenwood Drive
to the east R.O.W. line of Columbia Parkway;
within the City of Corpus Christi, Nueces County, Texas, said street, with-
in the limits above described, to be improved by raising, grading, filling,
widening, paving, repaving or repairing same and by the construction, reconstruc-
tion, 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. 11057, passed by the City Council on the 6th
day of September, 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 (209) cash within twenty days after the com-
pletion of said work and its acceptance by the City, and 209 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
f
ROIL250IRACE 241
day of such completion and acceptance by the City until paid at the rate
of six and one -half percent (6 1/2 %) per annuma 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
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 let 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 pro-
vided 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 Rring, City Secretary, and the official seal
of the City to be hereto affixed this the day of September, 1972.
CITY OF CO C STI
BY
T. Ray Bring, City ecret ry
THE STATE OF TEXAS )
)
COUNTY OF NUECES )
BEFORE ME, the undersigned authority, on this day personally
appeared T. RAY RRIPTG, City Secretary of the City of Corpus Christi, known
to me to be tk}e 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 Sai"itlR�f gorpus Christi, Texas.
Cr ti A /
GIVEN@NDM! MY 'AND SEAL OF OFFICE, this the �p dayuflfiri;
September, 1972LLJ �ji ES
CX
CD CAD Not P c in and for Nueces, County,,'' u
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DEED RECURDS
VOL1441 PACE 07
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