HomeMy WebLinkAbout13208 ORD - 06/09/1976, 0. jkh:6 -9 -76; lst O
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- f
MENT OF VARIOUS STREETS IN SAN DIEGO ADDITION, OLD
BROWNSVILLE ROAD, NOGALES, RAMBLER, AND ROSLYN STREETS
AS FOLLOWS:
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1. Sarita Street, from Belton Street to T3rltoy treet;
2. Bolivar Street, from Crosstown Ex ressNayto Sarita
Street;
3. Niagara Street, from Bolivar Stree to Guadalupe
Street;
4. Presa Street, from Crosstown Expre sway to Sarita
Street;
5. Soledad Street, from Niagara reet to Sarita Street;
6.. Nogales Street, from Port Avenue to Sarita Street;
7. Guadalupe Street, from Port Avenue to Sarita Street;
' 8. Old Brownsville Road, from Eastern Street to Horgan
Street;
9. Nogales Street, from McArthur Street to•Eisenhower
Street;
10. Roslyn Street, from Rambler Street to Prescott Street;
and
11. Rambler Street, from Horne Road to Roslyn Street,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA-
TIONS; 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 streets within the City of Corpus Christi, within
the limits set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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 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 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 specifications for such improvements MICROFILMED
on file in the office of the City Engineer: M 6 1980
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1. Sarita Street, from Belton Street to Tarlton Street;
2. Bolivar Street, from Crosstown Expressway to Sarita
Street;
3. Niagara Street, from Bolivar Street to Guadalupe
Street;
4. Presa Street, from Crosstown Expressway to Sarita
Street;
5. Soledad Street, from Niagara Street to Sarita Street;
6. Nogales Street, from Port Avenue to Sarita Street;
7. Guadalupe Street, from Port Avenue to Sarita Street;
8. Old Brownsville Road, from Eastern Street to Morgan
Street;
9. Nogales Street, from McArthur Street to Eisenhower
Street;
10. Roslyn Street, from Rambler Street to Prescott Street; and
11. Rambler Street, from Horne Road to Roslyn Street.
SECTION 2. That the cost of said improvements shall be assessed
against adjoining property and paid for as follows, to -wit:
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
(4') wide sidwwalk 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
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 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 drive-
ways, 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.
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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 %.
The assessment rate as calculated by the above procedure shall
not exceed three times the maximum rate established herein for residences,
schools and churchas for curb and gutter and pavement.
In addition, on all properties toher 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 assess-
ment 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,
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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. Driveways shall be
excluded from this provision.
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
percent (5- 1/4 %), 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 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
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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 owner
executed Mechanic's Liens to secure the payment or not, and shall be payable
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.
That the specifications shall also state the amount of the
performance bond and pahme -t 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 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 streets. 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 suspension of
the Charter rule that no ordinance or resolution shall be issued 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 take effect and be in full force and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
day of June, 1976.
ATTEST:
City Secretary
AP VED:
DAY OF JUNE, 1976:
J. RULE AY COCK, Y ATTORNEY
By
Assistant City Att I rney
a.-, �" "�)
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
glt 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; 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,
MAYOR
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
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: If
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
G 017rn RECD {
!STATE OFTEXAS VOLJLJ005 PACElU4
COUNTY OF NUECES
' �" a`j �� Ihereby certify that this instrument was FILED on the
c ^ date and at the time stamped hereon by me; and was duly
�Hl.r,E_405 RECORDED, in the Volume and Page of the named RECORDS
of Nueces County, Texas, as stamped hereon by me, on
N O T I C E JUN 10 1 976
THE STATE OF TEXAS I
COUNTY OF NUECES II COUNTY CLERK,
NUECES COUNTY, TEW
That the City of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the 9th day of June, 1976, by
f _ _
Ordinance No 113206 determined the necessity for and ordered the improve-
ment of a portii?1-6f the following streets:
I. Sarita Street, from Belton Street to Tarlton Street;
2. Bolivar Street, from Crosstown Expressway to Sarita
Street;
3. Niagara Street, from Bolivar Street to Guadalupe
Street;
4. Presa Street, from Crosstown Expressway to Sarita Street;
5. Soledad Street, from Niagara Street to Sarita Street;
6. Nogales Street, from Port Avenue to Sarita Street;
7. Guadalupe Street, from Port Avenue to Sarita Street;
8. Old Brownsville Road, from Eastern STreet to Morgan Street;
9. Nogales Street, from McArthur Street to Eisenhower STreet;
lo. Roslyn Street, from Rambler Street to Prescott Street; and
11. Rambler Street, from Horne Road to Roslyn Street,
within the City of Corpus Christi, Nueces County, Texas, said streets,
within the limits above described, to be improved by raising, grading, fill-
ing, widening, paving, repaving or repairing same and by the Construction,
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 said Director of Engineering
and Physical Development.
That Ordinance No. 13209 , passed by the City Council on the
9th day of June, 1976, provided thatthe 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,
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i 2. Payment in monthly installments not to exceed sixty (60) in
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number, the first of which shall be payable within thirty (30) days from
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the completion of said improvements and their acceptance by the city of
Corpus Christi, and one installment each month thereafter until paid,
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together with interest thereon at the rate of five and one - quarter percent
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(5- 1/4 %), with the provision that any of said installments may be paid at
any time betore maturity by the payment of the principal and accrued interest
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thereon. The total number of monthly installments on owner - occupied property
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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.
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Any property owner against whom and against whose,property an assessment
has been levied may pay the whole assessment chargeable to him without
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interewt within thirty (30) days after the acceptance and Completion Of
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said improvements: And said ordinance further provided that the amounts
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payable by the abutting property, and the real and true owners thereof, to
be assessed against said property and said I true owners thereof shall consti-
tute a first, and prior lien on such abutting property and a personal liability-
of of the real and true owners thereof.
Therefore, the City of Corpus Christi, Texas, has Caused this
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rNotice to be filed by Bill G. Read, City Secretary, and the official seal
f,;tHe .City ;o be hereto affixed this the 9th day of June, 1976.
w'Sr CITY OF CORPUS CHRISTI
ByXla.cl�G�l�
Bill G. Read, City Secretary
THfi'iSIC7E? OF,iEXAS p I
CibU�tfV^a'i'OF " NUECES
Y 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,4vhose name"i —g 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 9th day °of.."" "3 nfpw 6
June, 1976. *` I
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VOL1568 PACE185
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