HomeMy WebLinkAbout12945 ORD - 12/31/1975• JKH:hb :12/3l/75:lst
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF%
PALOMA STREET, FROM OCEAN DRIVE TO JARVIS DRIVE,
AND CURB, GUTTER AND PAVEMENT FROM 172' SOUTH OF
JARVIS DRIVE TO 290' NORTH OF ALAMEDA STREET,
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, NUECES COMM, TEXAS, AS TO THE
ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT
SHALL BE PAID; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi deems it necessary to
permanently improve the hereinafter named street 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 street 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 and Physical Development 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 and Physical Development and as provided for in
the plans and specifications for such improvements to be prepared by
said Director of Engineering and Physical Development, said streets to be
paved and curbs and gutters installed as shown on the plans and specifi-
cations for such improvements on file in the office of the City Engineer:
Paloma Street, from Ocean Drive to Jarvis Drive, and
curb, gutter and pavement from 172' south of,Jarvis
Drive to 290' north of Alameda Street.
SECTION 2. That the cost of said improvements shall be assessed
against adjoinly property and paid for as follows, to -wit:
12945
A. Improvements - Streets 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 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 six and one -half per-
cent (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 -1/22)
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
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the same rate as above except if access is prohibited, then the rate will
be reduced by 50%.
The assessment rate as calculated by the above procedure shall
not exceed three times the maximum rate established herein for residences,
schools and churches for curb and gutter and pavement.
In addition, on all properties other than single or two family
residential, schools and churches, the sidewalk rate shall be a maximum
of $0.75 per square foot, but it shall be applied to the actual width of
sidewalk being constructed.
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 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 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 rate for curb, gutter, pavement and sidewalk but
such rate shall be calculated based on a percentage of width divided by
the depth, in which event the rate could be less than 50% of the full rate
but the intent is that it will never exceed the 50% indicated above. 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 determina-
tion as to whether the property is siding will be dependent upon the actual
location of improvements on the property. Driveways shall be excluded from
this provision.
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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 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 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 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.
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
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•
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 desoribed, 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 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 k. 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
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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 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. 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 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 suspen-
sion of the Charter rule that-no ordinance or resolution shall be passed
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 31st day of December
1975.
ATTEST:
B3t� ta� MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
31st DAY OF December , 1975:
a?2- City Attorney
CORPUS CNRISTI, TEXAS
r�DAT OFs 195
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 13 INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 1, 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,
(2 __. r
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUST
DR. BILL TIPTON
EDUARDO DE MES
RUTH GILL
BOB- GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY
JASON LUSY
DR. BILL TIPTON
EDUARDO DE ABEs
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
ly.
� ll:_L 61 F��loRi.is
VdMi PACEAi FILED FOR RECORD
CIO - t�'Ts,` °o P M
Rm Pf iwcA289 N O T I C E Df 031
y MARION UN M�y� 4\
THE STATE OF TEXAS 997124
J COUNTY OF NUECES X
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council, on the 31st day of VOI
December 19 75 , by Ordinance No( 1294 determined the
necessity for and ordered the improvement of a portion of the following
street(s):
Paloma Street, from Ocean Drive to Jarvis Drive, and
curb, gutter apd pavement from 172 feet south of Jarvis
Drive to 290 feet north of Alameda Street,
within the City of Corpus Christi, Nueces County, Texas, said street(s),
within the limits above described, to be improved by raising, grading,
filling, widening, paving, repaving or repairing same and by the con-
struction, reconstruction, repairing or realigning of concrete sidewalks,
curbs, gutters. end driveways where the Director of Engineering and
Physical Development 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 and Physical, Development and as provided
for in the plans and specifications for such improvements thereof as
prepared by said Director of Engineering and Physical Development.
That Ordinance No. 12945 , passed by the City Council on
the 31 day of December , 19 75 , 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 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,
_ - r
B91 L 391. *A290
together with interest thereon at the rate of five and one - quarter
(5 -1/42) 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 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 as 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 Bill G Read , City Secretary, and
the official seal of the City to be hereto affixed this the 31 day of
December , 19 75 ••
CITY OF CORPUS CHRISTI
o�ao 1',r rlr By�sC//� ✓, �s'fii
' City Secretary
inM STATE OF TEXAS X
COUNTY -OF oNUECES X
I � . t'
• • ``BEFORE ME, the undersigned authority, on this day personally
appeared Bill G. Read , 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 31 da J
19 75
of December , 7' >
C":_ sx
G`,.✓ _
STATE OF TExfS 1y -
COUNTY OF NUECES 1 _ -
I hereby ortlfy that thls instrument was FlLEDanthe o public in and for Nueces...- '��.;���•'
date and at the time stamped hereon by me; and was duly County, Texas
RECORDED. in the Volume and Page of the named RECORDS
of Nueces county, Texas, as stamped hereon by me, 0
JAN 5 1976 a J
11OYCE f;. ur j
� la and EM Nuccai t;UlAf1EY..f
�S4 00G f]il�i4q�E� /�
a COUNTY CEERR.
NUEDESCOUPM,TES DUE.! REA -ORGS
VOLJ551 PAGE915