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HomeMy WebLinkAbout13906 ORD - 08/31/1977is dkh:ff =9T- 7; Ist AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE - VENT OF VARIOUS STREETS IN CASA BLANCA, LA ARBOLEDA, AND HIGH TERRACE AREAS, AS FOLLOWS: Phase "A" 1. Bolivar St., from MacArthur St. to Eisenhower St.; 2. Presa St., from MacArthur St. to Eisenhower; 3. Soledad St., from MacArthur to,Greenwood Dr.; 4. Guadalupe St., from MacArthur to Eisenhower; 5. *MacArthur St., from Tarlton to Belton St.; and 6. Eisenhower St., from Bolivar to Belton Phase "B" 1. Wainwright St., from MacArthur St. to Eisenhower St.; 2. Montgomery St., -from MacArthur St. to Eisenhower St.; . 3. Dunbar St., from MacArthur St. to Greenwood Dr.; 4. Halsey St., from MacArthur St. to Eisenhower St.;' 5. Nimitz St., from S. Port Ave. to Eisenhower St.; 6. MacArthur St., from Tarlton St, to Nimitz St.; 7. Eisenhower St., from Tarlton St. to Nimitz St.; , 8. Goliad St.-, from S. Port Ave. to Lamar St.; 9. San Jacinto St., from S. Port Ave. to Lamar St.' ° 10. Sonora St., from S. Port Ave. to Greenwood Dr.; 11. Alamo St., from S. Port Ave. to Lamar St.; and 12. Lamar St., Goliad St. to Baldwin Blvd..; 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 i 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 MICROFILMED 13906 JUL 0'7 1980 , 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 on file in the office of the City Engineer: Phase "A" 1. Bolivar St., from MacArthur St. to Eisenhower St.; 2. Press St., from MacArthur St. to Eisenhower; 3. Soledad St., from MacArthur to Greenwood Dr.; 4. Guadalupe St., from MacArthur to Eisenhower; 5. MacArthur St., from Tarlton to Belton St.; and 6. Eisenhower St., from Bolivar to Belton Phase "B" 1. Wainwright St., from MacArthur St. to Eisenhower St.; 2. Montgomery St., from MacArthur St. to Eisenhower St.; 3. Dunbar St., from MacArthur St. to Greenwood Dr.; 4. Halsey St., from MacArthur St. to Eisenhower St.; S. Nimitz St., from S. Port Ave. to Eisenhower St.; 6. MacArthur St., from Tarlton St. to Nimitz St.; 7. Eisenhower St., from Tarlton St. to Nimitz St.; 8. Goliad St., from S. Port Ave. to Lamar St.; 9. San Jacinto'St., from S. Port Ave. to Lamar St.* i 10. Sonora St., from S. Port Ave. to Greenwood Dr.; 11. Alamo St., from S. Port Ave. to Lamar St.; and 12. Lamar.St., Goliad St. to Baldwin Blvd.; 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- 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. 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 -3- a o 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,- 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 -4- 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 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 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 -5- 0 0 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 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 -6- -- � e effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 31 day of August, 1977. ATTEST: City Secretary, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: _ - -- — -- — DAY OF 1977: This ordinance is in effect force with or without the J. BRUCE AYCOCK, CITY ATTORNEY I signature of the Mayor, in accordance with Article II By. LSection 6 of the City Charter. Assistant City Attorney Corpus Christi, Texas 31,�Lday o 19= 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 ✓ ` -- z n David Diaz � !/ Ruth Gill ✓� Bob Gulley ✓ Gabe Lozano, Sr. Edward L. Sample ✓x,___,_ The above ordinance was passed by the following vote: Jason Luby ✓ ��__ Eduardo de Ases___ David Diaz ✓_ Ruth Gill 414t-__ Bob Gulley Gabe Lozano, Sr. ✓ q Edward L. Sample t%__ 1390