HomeMy WebLinkAbout13814 ORD - 07/06/1977jkh: 7 -6 -77; 1st
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF:
KOSTORYZ ROAD (M.H. 103) FROM STATE HIGHWAY 358
(PADRE ISLAND DRIVE) TO HOLLY ROAD,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOP-
MENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS, REQUIR-
ING 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 perma-
nently improve the hereinafter named streets within the City of Corpus
Christi; and
WHEREAS, by Ordinance No. 12748, passed and approved by the City
Council on the 13th day of August, 1975, the City adopted the State's
Minute Order No. 70322 providing for construction of Kostoryz Road improve-
ments 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 administration 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 streets 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 construct-
ing 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:
MICROFILMED
13814 JUL 0 71980
Kostoryz Road (M.H. 103) from State Highway 358
(Padre Island Drive) to Holly Road.
SECTION 2. That the cost of said improvements shall be assessed
against adjoining property and paid for as follows, to -wit:
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:
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, ox concrete, and include six and one -half percent
(6 1/2/,) 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 (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 %.
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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, ofn 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, assess-
ment rate will not exceed $4.75 per front foot for curb and gutter and pave-
ment 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 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 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.
Property which is used for single family purposes and.backiug
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.
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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 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 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, in
accordance with the above referenced Minute Orders, 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 per-
formance 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 amendments
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.
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SECTION 5. That the need to proceed with improvements as herein
provided as promptly as possible creates a public emergency and an impera-
tive public necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall be passed finally on the date of its intro-
duction 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 intro-
duction and that such ordinance take effect and be in full force and effect
from and aft its passage, IT IS ACCORDINGLY SO ORDAINED, this the ZZ
day of
ATTEST:
City Secretary MAYOR
AP VED: THE CITY OF CORPUS CHRISTI, TEXAS
P�
_DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
Al�istant City Attotpey
Corpus Christi, T xas
Alk— day of `' , 1971
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 suspension 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 ordinance
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
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr. —
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley _
Gabe Lozano, Sr.
Edward L. Sample _
1 1c�1'xt
i
NOTICE
THE STATE OF TEXAS p RaA69 imw 716
COUNTY OF NUECES I
That the City of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the 6th day of July, 1977, by
Ordinance No. 13814 , determined the necessity for and ordered the improve-
ment of a portion of the following street:
Kostoryz Road (M.H. 103) from State Highway 358
(Padre Island Drive) to Holly Road,'
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 construction, recon-
struction, repairing or realigning of concrete sidewalks, curbs, gutters, and
driveways where the Director of Engineering and Physical Development deter-
mines 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 Transporta-
tion as coordinated by said Director of Engineering and Physical Development.
That Ordinance No. 13814, passed by the City Council on the 6th
day of July, 1977, 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:
I. 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 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 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. The
total number of monthly installments on owner - occupied property may be y
VOLIS14 PAGE319
ULLU RE(ARUS
Rou469 imAcE 717 VOL11614 PAGE 20
S
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extended beyond sixty 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
days after the acceptance and completion of said improvements. And said ordi-
nance 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.
- ill r C ., ,i, Therefore, the City of Corpus Christi, Texas, has caused this Notice
C�`:''to,be „filed. kjy Bill G. Read, City Secretary, and the official seal of the
C+ jjll1City'to be "hQCeto affixed this the 6th day of July, 1977.
CITY OF CORPUS CHRISTI
+!!tl�a, <s ^CEO o
By
Bill G. Read, City Secretary
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally ap-
peared 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 consideratiottherein expressed, and as the act
and deed of said City of Corpus Christi, Texas.
t•I• T GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 6th
t_ %day of July, 1977.
u c,. Notary Public in aN fo Nueces County,
T s
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED on the
date and at the time stamped hereon by me; and was duty
RECORDED, in the Volume and Page at the named RECORDS
of Nueces County, Texas, as stamped hereon by me, on R
JUL 6 1977 00
OC TCOUNTY CLERK.
NUECES COUNTY, TEXAS
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STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED on the
date and at the time stamped hereon by me; and was duty
RECORDED, in the Volume and Page at the named RECORDS
of Nueces County, Texas, as stamped hereon by me, on R
JUL 6 1977 00
OC TCOUNTY CLERK.
NUECES COUNTY, TEXAS
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