HomeMy WebLinkAbout12121 ORD - 06/19/19740 JRR:jhk:6- 18 -74; 1st
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF
SIDEWALKS AS FOLLOWS:
UNIT VII OF THE SCHOOL SIDEWALK PROGRAM
This project shall consist of the improvements of:
1. Clarkwood Road, from Agnes Street (Hiway 44) to Lot 9 Blk 10
Clarkwood Townsite. East side;
2. McArthur Street, from Belton St. to Tarlton Street N/W side;
3. Ruth Street from Osage to Eleanor, South Side;
4. Winnebago Street, from N. Alameda to Lake Street. N/W side;
5. Churchill Drive, Arlington to S. Staples South East side;
6. 15th Street from Southern Street to South Staples S/E side;
7. Everhart Road, from S. P/L of Lot 1 Blk 2 Alameda Estate No. 2 to
N. P/L of Lot 16 Blk 3 Alameda Estate'03 S/E side;
8. Robert Drive, from Ocean Dr. to Estate Drive, N/W side;
9. Robert Dr., from S. P/L of Lot 2 Blk 1 Alameda Estate #4 to Delano
St. S/E side.
10. Williams Drive, from Rodd Field Road to E. P/L of-C. C. Ind.
School Dist. N. side;
11. Buford Street, from Brownlee Blvd. to 10th Street. South side; and
12. 15th Street, from Craig Street approximately 138.75 feet north.
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS;
REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE
OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS,
AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT
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 improve the hereinafter
named streets by the construction of sidewalks, within the City of Corpus
Christi, in the manner herein provided:
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, hereby does determine that it
•
is necessary to improve the following streets within the City of Corpus Christi,
in the manner herein provided, to -wit:
12121-
•
C7
UNIT VII OF THE SCHOOL SIDEWALK PROGRAM
This project shall consist of the improvements of:
1. Clarkwood Road, from Agnes Street (Hiway 44) to Lot 9 Blk 10
Clarkwood Townsite. East side;
2. McArthur Street, from Belton St. to Tarlton Street N/W side;
3. Ruth Street from Osage to Eleanor, South Side;
4. Winnebago Street, from N. Alameda to Lake Street. N/W side;
5. Churchill Drive, Arlington to S. Staples South East side;
6. 15th Street from Southern Street to South Staples S/E side;
7. Everhart Road; from S. P/L of Lot 1 Blk 2 Alameda Estate No. 2 to
N. P/L of Lot 16 Blk 3 Alameda Estate•#3 'S /E side;
8. Robert Drive, from Ocean Dr, to Estate Drive, N/W side;
9. Robert Dr., from S. P/L of Lot 2 Blk 1 Alameda_Estate 04 to Delano
St. S/E side.
10. Williams Drive, from Rodd Field Road to E. P/L of -C. C. Ind.
School Dist. N. side;
11. Buford Street, from Brownlee Blvd. to 10th Street. South side; and
12. 15th Street, from Craig Street approximately 138.75 feet north.
SECTION 2. That it is hereby ordered that said streets, within the
limits above described, shall be improved by the construction, reconstruction,
repairing or realigning of concrete sidewalks where the Director of Engineering
and Physical Development determines adequate sidewalks are not now installed
on proper grade and line, and as provided for in the plans and specifications
for such improvements to be prepared by said Director of Engineering and
Physical Development.
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 and Physical Development.
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, as set out in Article 1105b, Revised Civil Statutes of Texas, 1925,
as amended.
SECTION 4. The Director of Engineering and Physical Development
for the City of Corpus Christi is hereby directed to prepare forthwith and
file with the City Council complete plans and specifications for such
proposed sidewalk improvements.
to -wit:
SECTION 5. The cost of said improvements shall be paid as follows,
(a) Improvements - Sidewalk shall be a minimum of four feet
(4') wide, or wider where needed. The paved surface shall
be determined by the Department of Engineering and Physical
Development and approved by the City Council.
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(b) Assessment Policy - Property owners abutting said improvements
shall be assessed as follows:
1. Eighty percent (80 %) of the cost of construction of side-
walk, plus six and one -half (6 1/2) percent 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.
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 100% of driveway cost. Property in this category which sides on a street
being improved shall be assessed not exceeding 50% of the $4.75 rate, as
well as 50% 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 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 shall be
payable in monthly installments not to exceed sixty (60) in number, the
first of which shall be payable within thirty (30) days from the date of
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 five and one- quarter (5 1/4 %) 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. The
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total number of monthly installments on owner- occupied property may he
extended beyond sixty (60) in number so that, at the owner's request, the
total monthly payments will not exceed Ten ($10.00)Dollars per month. 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 thirty (30) days after the acceptance and completion of said improve-
ments.
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 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 Mechanic'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 and Physical Development 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 improve-
ments 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.
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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 6. 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 Chapter 106 of the Acts of said Session, together with any amend-
ments therto, 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 7. 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 8. 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
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 g. 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 suspen-
sion of the Charter rule that no ordinance or resolution shall be passed
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0
finally on the date of its introduction and that such ordinance or resolu-
tion shall be read at three several meetings of the City Council, and the
Mayor having declared such emergency and necessity to exist, and 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 %
ATTEST:
Awa,t4
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APP
DAY OF
city 'A orney
Corpus Christi, Texas
day of , 19
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.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
STATE or TEXAS
COUNTY OF NUECES
��� PAGE 9@JO date and al the li I hereby ce rtify that this instument ants FILED an the
VQL me stamped hereon by me; and was duly
RECORDED. in the volume and Pape of the named RECORDS
Nueces County. Texas, as and hereon by me, on
PUL326 IXAH1289
THE STATE OF TEXAS i(
COUNTY OF NUECES X
917672
NOTICE
sJUN 21 1974
,� COUNTY CLERK,
NUECES COUNTY, TEXAS
KNOW ALL MEN BY THESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through its
•I duly elected and constituted City Council, on the 19th day of June, 1974,
v by Ordinance No. 12122 determined the necessity for and ordered the improve-
ment of a portion of the following streets:
1. Clarkwood Road, from Agnes Street (Hiway 44) to Lot 9 Blk 10
Clarkwood Townsite. East side;
2. McArthur Street, from Belton St, to Tarlton Street N/W side;
3. Ruth Street from Osage to Eleanor, South Side;
4. Winnebago Street, from N. Alameda to Lake Street. N/W side;
5. Churchill Drive, Arlington to S. Staples South East side;
6. 15th Street from Southern Street to South Staples S/E side;
7. Everhart Road; from S. P/L of Lot 1 Blk 2 Alameda Estate No. 2 to
N. PA of Lot 16 Blk 3 Alameda Estate #3 S/E side;
8. Robert Drive, from Ocean Dr. to Estate Drive, N/W side;
9. Robert Dr., from S. P/L of Lot 2 Blk 1 Alameda.Estate A to Delano
St. S/E side.
10. Williams Drive, from Rodd Field Road to E. - -P /L of-C. C. Ind.
School Dist. N. side;
11. Buford Street, from Brownlee Blvd, to 10th Street. South side; and
12. 15th Street, from Craig Street approximately 138.75 feet north.
within the City of Corpus Christi, Nueces County, Texas, said streets, within
the limits above described, to be improved by the construction, reconstruction,
repairing or realigning of concrete sidewalks, where the Director of Engineering
and Physical Development determines adequate sidewalks are not now installed
on proper grade and line, and as provided for in the plans and specifications
for such improvements thereof as prepared by said Director of Engineering and
Physical Development.
Said ordinance further provides that a portion of the cost of said
improvements is to be specially assessed as a lien upon the property abutting
said streets and as a personal liability against the owners of such abutting
property, such assessments to be payable to the City of Corpus Christi.
That Ordinance No. 12122, passed by the City Council on the 19th day
of June, 1974, 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:
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RCIL326 ►NACU290
1. All in cash within thirty (30) days after completion and acceptance
by the City; or,
2. Payment in monthly installments not to exceed sixty (60) in number,
the first of which shall be payable within thirty (30) days from 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 five and one - quarter (5 -1/47) percent, with the provi-
sion that any of said installments may be paid at any time before maturity by
the payment of the principal and accrued interest thereon. The total number
of monthly installments on owner - occupied property may be extended beyond sixty
(60) in number so that, at the owner's request, the total monthly payments will
not exceed Ten Dollars ($10.00) per month. 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 thirty (30) days after the
acceptance and completion of said improvements. 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 Bring, City Secretary, and the official seal of the City
to be hereto affixed this the 19th day of June, 1974.
CITY OF COMS OPtISTI
By / c
T. Ray Rri Ci Sec tart'
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally appeared
T. RAY BRING, 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 pur-
poses and
consideration therein expressed,
and as the act and deed of al "Cl y,
of Corpus
Christi,
Texas.
_
3 93:7:1
GIVEN UNDER MY HAND AND SEAL of office, this the 19th day of J'un
°el,11�9,74;,,_
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