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Home My WebLink About12493 ORD - 02/26/1975c 41 , 1 r , AN ORDINANCE AMENDING THE CORPUS CHRISTr CITY CODE, AS AMENDED, BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAPTER 34, ENTITLED "STREETS AND SIDEWALKS ", SO AS TO ADOPT A POLICY OF STREET PAVING ASSESSMENTS DESIGNATED AS SECTION 34 -21; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND SPECIFICALLY REPEALING ORDINANCE NO. 10431, PASSED AND APPROVED ON THE 25TH DAY OF AUGUST, 1971 AND ORDINANCE N0. 11004, PASSED ON THE 2ND DAY OF AUGUST, 1972; PRO- VIDING FOR MAXIMUM INTEREST RATE ON ASSESSMENTS WHICH ARE PAID BY MONTHLY INSTALLMENTS NOT TO EX- CEED 5 1/4% AND THE NUMBER OF INSTALLMENTS NOT TO EXCEED 120; ESTABLISHING A MAXIMUM RATE TO BE PAID FOR SIDEWALK IMPROVEMENTS USED OR DESIGNATED TO BE USED FOR RESIDENTIAL PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION[ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Code, 1958, as amended, be and the same is hereby amended by the adoption of a new section, to be designated as Section 34 -21, reading as follows: "Section 34 -21. Policy'on Street Assessments. The policy for street paving assessments in the City of Corpus Christi shall be as follows: A. Improvements - Streets shall contain a paved surface, plus two feet (2') of curb and gutter section on each side, a minimum of four -foot (0) 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 and Physical Development and may be either asphalt with flexible base or concrete, as required 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 sir, and one -half per- cent (6 1 /2 %)of construction costs for engineering. In calculating this rate, credit shall be given to the 1-`Z4-93 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 sidewalk 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. 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 at 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 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 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 per front foot for curb and gutter and pavement and $0.75 per square foot -2- for sidewalk 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 for curb, gutter and pavement and 50% of $0.75 rate for sidewalk, and 100% of the driveways. 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 actual location of improvements on property. 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!' SECTION 2. The cost assessed against said owners and their property, shall be payable in monthly installments not to exceed one hundred twenty (120) in number, the first of which shall be payable within thirty (30) days from the date of completion of said improvements and their accep- tance by the City of Corpus Christi, and one installment each month there- after 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 in- stallments 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 thirty (30) days after the acceptance and completion of said improvements. SECTION 3. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed to the extent of conflict herewith, particularly and without limitation, Ordinance No. 10431, passed -3- and approved by the City Council on August 25, 1971, and Ordinance No. 11004, passed and approved on August 2, 1972; provided, however, that all rights, benefits, titles, income, charges and assessments owned by or due to the City of Corpus Christi under any previous paving assessment ordinances, or other ordinances are hereby expressly reserved and saved for the benefit of the City. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent Jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, sub- division, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in substance the purpose of the ordinance. That the foregoing ordinance was read forte first time and passed to its second reading on this t'.te day of�a 19 7r. by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordin read fo a second time !n assed to its third reading on this the of 19, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinanc as read for the third time and passed finally on this the day of by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the <<iJ/�1' APPROVED: �)z� DAY OFE 192!�: P y — Attorney 19�• MAYO Peo- TEI7q --`'_ CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came... who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of -ILez-aj., ....DR21.XAME. n4 1 91, a I of which the annexed is a true copy, was published in — - ----- on theA-- day of . ....... . . R Baker Class. Yd Subscribed and sworn to before me this--.1 ._..._day of__......_ MtfF G 1....._...._._......... 19.. 2. Betty Myers fiiNN— ez�,- Texas