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HomeMy WebLinkAbout11306 ORD - 02/14/1973yJRR:vmp:2 /9/73:lst AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE HORNE ROAD IMPROVEMENTS UNIT I INCLUDING: 1. Horne Road, from the west property line of Lot 1 -A, Block 1, Laguna Acres to the west R.O.W. line of McArthur Street, and 2. Columbia Street, from the south R.O.W. line of Horne Road to the north R.O.W. line of Lolita Street, 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 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 CHUISTI,.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. Horne Road, from the west property line of Lot 1 -A, Block 1, Laguna Acres to the west R.O.W. line of McArthur Street, and 2. Columbia Street,'from the south R.O.W. line of Horne Road to the north R.O.W. line of Lolita Street. 11306 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 fcet (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. S. Assessment Policy - Property owners abutting on each side of the street shall be assessed on the front foot basis as follows: 1. Ninety percent (908) 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 1/28) 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 he an assumed 9 feet abutting each e property, where pavement exists. 2. One hundred percent (1C08) of cost-of construction of curbs and gutters, plus six and.one -half percent (6 1/28) of construction costs for engineering. 3. Eighty percent (808) of cost of construction of side - walk, plus six and one -half percent (6 1/28) of construction cos;:s for engineering. 4. One hundred percent (1008) of cost of construction of driveways, plus six and one -half percent (6 1/28) 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 508 of the residential rate on the street which the improvements physically side; 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 -2- AT THE TIME OF CONSTRUCTION, AND FOR THE AMOUNT SHOWN TO HAVE BEEN PREVIOUSLY SPENT FOR PERt-I ANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY CWNER, 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 15 PROHIBITED, THEN THE RATE WILL BE REDUCED BY 50;x. 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 10L5 ASSESSED, PLUS 6 -1 /2�o BF 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 TFE TIME OF ASSESSMENTS OR PLATTED WITHOUT IMPROVEMENTS BUT COMMITTED IN WRITING TO ONE- OR TWO- FAMILY RESIDENTIAL USE OR IN USE FOR C'IURCH OR SCHOOL PURPOSES, THEN THE ASSESSMENT RATE WILL NOT EXCEED $4.75 FOR CURB AND GUTTER AND PAVEMENT AND 100 /o OF DRIVEWAY COST. PROPERTY IN THIS CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50p OF THE $4.75 RATE, AS WELL AS 50j," 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 PAVEMENTS 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 15 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 DY 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 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%) 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 COUNCIL, IN PARTICULAR CASES BE UNJUST OR UNEQUAL IT SHALL BE THE DUTY OF THE SAID COUNCIL TO ASSESS AND APPORTION SAID COST IN SUC-1 MANNER AS IT MAY DEEM JUST AND EQUITABLE, HAVING IN VIEW THE SPECIAL B -_NEFITS IN ENHANCED VALUE TO BE RECEIVED BY EACH OWNER OF SUCH PROPERTY, THE EQUIT17S 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 LAW, 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 PROVIDEDY AND SAID IMPROVEMENTS MAY FURTHER BE SECURED BY MECHANIC15 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 PAYMENT OR NOTE AND SHALL BE PAY- . ABLE FOR THE PURPOSE OF FINANCING PAVING IMPROVEMENT COSTS. -4_ i. • THAT THE DIRECTOR OF ENGINEERING SERVICES IS HEREBY DIRECTED F 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 MA INTAIN� FOR A TERM NOT LESS THAN ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREINABOVE DESCRIBED, IF, 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 C.CTING UNDER THE TERMS AND PROV15IONS OF THE ACT PASSED AT THE FIRST CALLED .SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, AND KNOWN AS CHAPTER io6 OF THE ACTS OF SAID SESSION, TOGETHER WITH ANY AMEND- . MENTS THERETO, NOW SHOWN AS ARTICLE 1105B 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 �. THAT IT IS FURTHER PROVIDED AS IS STIPULATED B5' 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 -5- CITY SECRE AR Y , w THE CITY OF C CHRISTI, TEXAS APPROVED: DAY OF CI AT N E % y� 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 CLERIC OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE RECORDS OF SAID COUNTY. SECTION 6. THAT THE NEED FOR PREPARATION OF PLANS AND PROCEEDING f 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 / DAY of , �ccyy —� %A ATTEST: AV CITY SECRE AR Y , w THE CITY OF C CHRISTI, TEXAS APPROVED: DAY OF CI AT N E % y� V 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; 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. aRCTF Y • O MAYOR THE CITY C PU CHRISTI,. TEXAS THE CHARTER RULE WAS - SUSPENDED -BY THE FOLLOWING VOTE: BONNIE SIZEFIORE - ✓ nee/ CHARLES A. BONNIWELL ✓ _ _ ROBERTO BOSQUEZ, .11.1). REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE L02AN0, $R. - J. HOWARD STARK Y THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING BONNIE S12EMORE CHARLES A. BONNIWELL 1I�/� =(7/�� - -. ROBERTO BOSQUEZ, M.D. ,REV. HAROLD T. BRANCH", THOMAS V. GONZALES /1 1 GABE LOZANO� SR. / J. HOWARD STARK Y JRR: vmp:2 -12 -73 R0EL268 INhL'E134i : , vo��4J� rn�E %�� THE STATE OF TEXAS ) COUNTY O NUECES ) That the City of Corp is dul�f elected and constitute 1973, by Ordinance No. 11306, e mprovement of a portion of the Horne Road Street Imp 1. Horne Road, from Lot 1 -A, Block 1, R.O.W. line of Mc 2. Columbia Street, Horne Road to the Street, ithi.n the City of Corpus Christ the limits above described,'t idaning, paving, repaving cr re ion, repairing or realigning of riveways where the Director of dewalks, curbs, gutters and dri ade and line, and by the constany, together with all other 1 as deemed adequate by the Di r in the plans and specificatio said Director of Engineering S That Ordinance No. 113 i ay of February, 1973, provide d true. owners of said abutting one of the followi.rg methods a I. All in cash within eptance by the City; or, 2. Twenty percent (20� ti.on of said work and its accep or before one year, two years, KNOW ALL DIEN BY THESE PRESENTS: ' us Christi, Texas, acting by and through i d City Council, on the 14th day of February, termined the necessity for and ordered the i following streets: rovements Unit I including: the west property line of Laguna Acres to the west Arthur,Street, and from the south R.O.W. line of north R.O.W. line of Lolita 19 i, NIlecGs County, Texas, said street, with- in o be; improved by raising, grading, Filling, w pa_r'ng same and by the construction, reconstruc- t concrete sidewalks, curbs gutters, and d Engineering Services determines adequate Si 'veways are not now installed on proper gr ruction of such storm sewers and drains, if necessary incidentals and appurtenances, al rector of Engineering Services and as provided fo ns for such improvements thereof as prepared by ervices. 06, passed by the City Council on the 14th d d that the amounts payable by the real and property ;hall he paid and become payable in t the option of the Property owner: twenty (20) days after completion and ace ) cash within twenty days after the com- ple tance by the City, and 20% respectively on three years and four years after the • R01IL268 111ACE1342 . . 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 1/28) 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 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 1st day of the next succeeding month and continuing thereafter on the lst 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 1/28) per annum; provided, however, that the owners of said property availing themselves of Option 112" 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 paym:nt. 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 Kring, City Secretary, and the official seal of the City to be hereto affixed this the / day of February, 1973. - CITY OF CO CH STI 4=:,- By T. Ray Kring, City Sec 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE•', this the day of February, 1973. Notary Public in an for Nueces County, Texas V DOROTHY ZAHN Notary Public in and for Nueces County, Texas rCt tJ111 G DEED RECORDS ,,qq cc�� VOL1`t51 PAGE 737