HomeMy WebLinkAbout13111 ORD - 03/31/1976EE:hb:3 /29/76:1at
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF:
STARLITE LANE FROM LEOPARD STREET TO SUNNY
DRIVE (M.H. 152) PROJECT NO. M R035 (1),
IN THE CITY OF CORPUS CHRISTI, NUECES COMM, TEXAS;
REQUIRING THE DIRECTOR OF ENGMEII�� AND PHYSICAL
DEVELOPMENT TO COORDINATE PLANS AND SPECIFICATIONS,
REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN
THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, 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; and
WHEREAS, by Ordinance 12842, passed and approved by the City
Council on October 8, 1975, the City adopted the State's Minute Order
No. 70503 providing for the construction of Starlite Lane jointly by the
City and the State Department of Highways and Public Transportation whereby
it was agreed that the preparation of plans and specifications and admin-
istration of the construction contract would be performed by the State:
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, said streets to be paved and curbs and gutters installed
as shown on the plans and specifications for such improvements on file ,
in the office of the Director of Engineering and Physical Development:
Starlite Lane from Leopard Street to Sunny Drive
(M.H. 152) Project Number M R035 (1)
SECTION 2. That the cost of said improvements shall be
assessed against adjoining property and paid for as follows, to -wit:
131LU
r
A. Improvements - Street shall contain a paved surface, plus two
feet (2') of curb and gutter section on each side, a minimum of four -foot
(4') wide sidewalk on each side, or wider where needed, plus driveways are
needed. The paved surface shall be as determined by the State Highway
Department and approved by the City. Council.
B. Assessment Policy - Property ow ars abutting on each side
of the street shall be assessed on the front foot basis as follows:
I. Ninety.percent (90x) 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, og concrete, and include six and one -half percent
(6 1 /22) of construction costs for engineering. In calcu-
lating this rate, credit shall be given to the abutting owners
for an assumed "9 feet abutting each property, where pavement
exists.
2.. One hundred 'percent (100x) of cost of construction of curbs
and gutters, plus six and one -half percent (6 1 /2x) of
construction costs for engineering.
3.. Eighty percent (80x) of cost of construction of sidewalk
plus six and one -half percent (6 -1 /2x) of construction
costs for engineering.
4. One hundred percent (100x) of cost of construction of
driveways, plus six and one -half perceat.(6 1 /2x) 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 50x.
-2-
c_ c
r e
The assessement 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, oft '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 1/22 of construction costs for engineering, against the abutting property.
Where the City Councii 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 thet assess-.
meat rate will not ,exceed $4.75 per front foot for curb and gutter and pave
gent 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 502 of the rate for curb, gutter, pavement and side- .
walk 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 Fate
but the intent is that it will never exceed the 502 indicated above.` Where
churches abut on two streets and double frontages are indicated, then the
assessment rate for the church shall be reduced to 502 of the residential.
rate on the street which the improvements physically side; the determiva
Lion 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.
Property which is used for single family purposes and hacking
onto the street being improved will not be assessed for curbs, gutters or
pavement, but will be assessed 502 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.
-3-
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 /4Z) 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 one hundred twenty (120) 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 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
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 iu.favor of the City of Corpus
Christi for the amount of the assessment, whether the property owners have
executed Hechanic'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, in
accordance with the above referenced Minute Order, is hereby directed to
coordinate the preparation of plans and specifications and file 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 require-
ments 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 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 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.
-5-
SECTION 5. That the need to proceed with improvements as herein
provided as promptly as possible creates a public emergency and an i3r-
perative public necessity requiring the suspension of the Charter rule
that no ordinance or resolution shall be passed finally on the date of its
introduction but 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, 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
the4?? ST~ J
/ day of GVt�L'� , 1976.
ATTEST:
Cibf Secretary MAYO
THE CITY OF CORPUS CHRISTI, TE MS
APPROVED:
3f DAY OF C-1k 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By.
Assistant City Atto ey
CORPUS CHRISTI TEXAS
DAY OF ./ 19 /. fo
M THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES 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.
RESPECTFUL
YR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
1
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
� - P vp:3 -30 -76
5965
NOTICE
THE STATE OF TEXAS
COUNTY OF NUECES
ROIL403 imw mi
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council, on the 31st day of March,
1976, by Ordinance No. 13111 , determined the necessity for and
ordered the improvement of a portion of the following street:
Starlite Lane from Leopard Street to Sunny Drive
(M.H. 152) Project No. M R035 (1)
within the City of Corpus Christi, Nueces County, Texas, said street,
within the limits above described, to be improved by raising, grading,
filling, widening, paving, repaving or repairing same and by the construc-
tion, reconstruction, repairing or realigning of 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 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 the State
Department of Highways and Public Transportation as coordinated by said
Director of Engineering and Physical Development.
That Ordinance No 13111 , passed by the City Council on the
31st day of March, 1976, 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,
C:
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,
[;FEU RECURUS
VOL1580 PAGE i6 L
ALU IRL )RUS
ROIL403 (MACE 632 VOL1560 PAGE768
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 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 consti-
tute a first and prior lien on such abutting property and a personal lia-
bility 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 31st day of March, 1976.
CITY OF CORPUS CHRISTI
*'r
-City Secretary
i`- THE -STATE OF TEXAS II
COUNTY OF NUECES
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 instru-
ment 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 j / f�da y of
March, 1976.
�Q STATE of TETIAS
COUNTY OF NUECES
1 hereby certilY that this Instrumerd was FILED an the
date and at the time stamped hereon by me; and was duly
RECORDED, in the pozo of
he tile
reonnamed
h me. 011 RECORDS
of Nuacas County, Taxes, P Y
MAR 31 1976
Ay_"�I a ry
COUNTY CLERK,
NUECES COUNTY, TEOS
Od
b
otary Public in and for Nueces
County, Texas
C
c �
o
�
u
C O—
W
u
LL
r
u �
tit
13 q
tl �