HomeMy WebLinkAbout11475 ORD - 05/16/19739' JRR:vP:5/14/73
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} AN ORDINANCE e
^DETERMINING THE NECESSITY FOIT4AI+D ORDERING THE
IMPROVEMENT OF THh, FOLLOWIIIG STREETS IN THE
CITY OF'CORPUS CHRISTI, NUECES COUNTY, TEXAS:
-Prescott Street Improvements, from the North
3 Right- of_Way .line of Gollihar Road to the
South property line of Lot 5, Block 14, Temple
Addition iF
+ REQUIRING THE DIRECTOR OF ENGINEERING SERVICES
TO PREPARE AND FILE PLANS AND SPECIFICATIONS;
REQUIRING THE CITY SECRETARY TO FILE NOTICE IN
THE OFFICE OFtTHE COUNTY CLERK, NUECES COUNTY,
TEXAS.,.AS TO "THE, ACTION HEREIN; PROVIDING HOW SUCH
IMPROVE EN S SHALLCBE PAID; AND DECLARING AN
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EMERGENCY.'
WHEREAS, the City of Corpus Christi deems it necessary to permanently
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improve the hereinafter named streets within the City of Corpus Christi:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 4
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
s 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:
Prescott Street Improvements, from the North Right -
of -Way line of Gollihar Road to the South property t"
line of Lot 5, Block 14, Temple Addition, Corpus
Christi., Nueces County, Texas.
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 driveways as
needed. The paved surface shall be as determined by the Department of
Engineering Services and approved by the City Council.
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B. Assessment Policy - Propertyowners abutting on each side of
the street shall Be•assessed on the front foot basis as-follows:
r 1. Ninety percent (90 %) of cost of improvements relating
to pavement for one -half of the street abutting property. Such
improvement s`sAall 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 (100 %) of cost of construction of
curbs and gutters, plus six and one -half percent (6 1/2 %) of
construction costs for engineering.
3. Eighty percent (80 %) 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.
5. Where churches abut on two streets and double frontages
are indicated, then the assessment rate for the church shall be
reduced to 50% 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
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
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property line of commercially used properties to prevent vehicles from park-
ing, backing or turning on the sidewalk, the header curb will be 100% assessed,
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plus 6 -112% of construction costs for engineering, against the abutting property.
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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
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OR SCHOOL PURPOSES, THEN THE ASSESSMENT RATE WILL NO EXCEED $4.75 FOR
CURB AND GUTTER AND PAVEMENT AND 100;5f OF DRIVEWAY COST. PROPERTY IN THIS
CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT
EXCEEDING 50,E OF THE $4.75 RATE, AS WELL AS 50% OF SIDEWALK, AND 100,0 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 50i 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
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,'5) 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 COUNCILS 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
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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 ADJUST14ENT 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 RAILWAYS IF ANY2 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 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 ASSESSME14T SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS
CHRISTI FOR THE AMOUNT OF THE ASSESSMENT, WHETHER "SHE PROPERTY OWNERS HAVE
EXECUTED i4ECHANIC'S LIENS TO SECURE THE PAYMENT OR NOT, AND SHALL BE PAY-
ABLE FOR THE-PURPOSE OF FINANCING PAVING IMPROVEMENT COSTS.
THAT TIIE 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 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 IIIPRCVFI;IENTS 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 IMPROVEh1ENTS, SAID 14ETHOD BEING IN ACCORDANCE WITH THIS ORDINANCE.
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SECTION 3. THE CITY COUNCIL, IN INITIATING THIS PROCEEDING
IS ACTING UNDER THE TERNS AND PROVISIONS OF THE ACT PASSED AT THE FIRST
CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF- TEXAS, AND
KNOWN AS CHAPTER lob OF THE ACTS OF SAID SESSIONS TOGETHER WITH ANY AMEND-
MENTS THERETO, NOW SHOWN AS ARTICLE 11058 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
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 -
PENS10,+1 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 MAYORS 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
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TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE --VI DAY OF ,
ATTEST:
A" Alf
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CITY SECRET MAYOR
a. THE CIT OF CO S CHRISTI, TEXAS
APPROVED:
DAY OF /�{�j,/
CITY ATT EY l�
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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 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.
ESP ECT LLY,
f O
MAYOR
THE CITY CO S CHRISTI,. TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
- - BONNIE SIZEMORE
CHARLES A. BONNIWE LL � �Ui� _ _ •
_ - - ROBERTO BOSQUEZ, M.D. 1 ✓ -
REV. HAROLD T. BRANCH
.. THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK /
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN
• - BONNIE S12EMORE
CHARLES A. BONNfWELL
ROBERTO BOSQUEZ, M.D. _
-REV. HAROLD T. BRANCH ,/
If
THOMAS V. GONZALES _
GABE LOZANO, SR. y/•
J. HOWARD STARK
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914422
ROLL280 IHACE 415
N O T I C E
{
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 16th day of May, 1973,
by Ordinance No. 11475 determined the necessity for and ordered the improve-
ment of a portion of the following streets:
Prescott Street Improvements, from the North Right -
of -Way line of Gollihar Road to the South property
line of Lot 5, Block 14, Temple Addition
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. 11475, passed by the City Council on the 16th
day of May, 1973, 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,
Dr ED RECORDS
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VOL1463 FAGE563
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DEE0 RE (,'!fl:0
HUM MACE 4N vo4463 PAGE564
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
f continiuing thereafter on the 1st day of each succeeding month rkil 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-
s
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 cy, day of May, 1973.
CITY OF C R S C ISTI
c
BY C �
T. ay Krin , C• y Secr tary
7
THE STATE OF TEXAS ) e
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
May, 1973.
"L
Notary Public in and for Nueces County,
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Texas
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EDNA MEADOR
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No;ary Public, in and for Nueces County, ,e v.
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