HomeMy WebLinkAbout14229 ORD - 03/22/1978jkh:3- 22 -78; 1st
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLOWING STREETS IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
1. Dunbar, Easley and Sonora Streets from Greenwood Drive to Blake Street;
2. Elgin, Sabinas and Blake Streets from Sonora Street to Baldwin Boulevard;
3. Mohawk Street from Blake Street to Morgan Avenue;
4. Aztec Street from Cheyenne Street to Blake Street;
5. Osage Street from Morgan Avenue to 300 feet south of Aztec Street;
6. Seminole Street from Blake Street to Aztec Street;
7. Rosewood Street from Blake Street to Morgan Avenue;
8. Reynosa Street from Burnet Street to Belton Street;:
9. Tasco Street from Sarita Street to State Highway 286.
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REQUIRING THE DIRECTOR OF ENGINEERING & PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA-
TIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE
IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY,
TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH
IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMER-
GENCY.
WHEREAS, the City of Corpus Christi deems it necessary to permanently
improve the hereinafter named streets within the City of Corpus Christi:
1. Dunbar, Easley and Sonora Streets from Greenwood Drive to Blake Street; .
2. Elgin, Sabinas and Blake Streets from Sonora Street to Baldwin Boulevard;
3. Mohawk Street from Blake Street to Morgan Avenue;
4. Aztec Street from Cheyenne Street to Blake Street;
5. Osage Street from Morgan Avenue to 300 feet south of Aztec Street;
6. Seminole Street from Blake Street to Aztec Street;
7. Rosewood Street from Blake Street to Morgan Avenue;
8. Reynosa Street from Burnet Street to Belton Street;.
9. Tasco Street from Sarita Street to State Highway 286.
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
MICROFILMED
14229 -JUL 9 7 1990
the construction, reconstruction, repairing or realigning concrete sidewalks,
curbs, gutters and driveways where the Director of Engineering & 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 & Physical Development and
as provided for in the plans and specifications for such improvements to be
prepared by said Director of Engineering & 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 Director of
Engineering & Physical Development:
1. Dunbar, Easley and Sonora Streets from Greenwood Drive to Blake Street; .
2. Elgin, Sabinas and Blake Streets from Sonora Street to Baldwin Boulevard;
3. Mohawk:Street from Blake Street to Morgan Avenue;
4. Aztec Street from Cheyenne Street to Blake Street;
5. Osage Street from Morgan Avenue to 300 feet south of Aztec Street;
6. Seminole Street from Blake Street to Aztec Street;
7. Rosewood Street from Blake Street to Morgan Avenue;
8. Reynosa Street from Burnet Street to Belton Street;:
4. Tasco Street from Sarita Street to State Highway 286.
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 (21) 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 as
needed. The paved surface shall be as determined by the Department of
Engineering Services 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
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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 side-
walk, 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.
5. 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:
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
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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 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 %.
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 and
committed in writing to 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 for
curb and gutter and pavement and 100% of driveway cost. Property in this
category which sides on a street being improved shall be assessed not
exceeding 50% of the $4.75 rate, as well as 50% of sidewalk and 100% of
driveways.
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,
respectively, shall be payable in monthly installments not to exceed
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sixty (60) 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 sixty (60) 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.
Provided, that if the application of the above- mentioned rule of
apportionment between property owners would, in the opinion of the City Council,
in particular cases be unjust or unequal, it shall be the duty of the said
Council to assess and apportion said cost in such manner as it may deem just
and equitable, having in view the special benefits in enhanced value to be
received by each owner of such property, the equities of owners, and the adjust-
ment of such apportionment, so as to produce a substantial equality of benefits
received by and burdens imposed upon such owners.
That no such assessments shall be made against any owner of abut-
ting 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 payable for the purpose of
financing paving improvement costs.
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That the Director of Engineering & 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 Cl) year all pavements and improvements
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
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 street. Further, the City Secretary of the
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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 sus-
pension of the Charter rule that no ordinance or resolution shall be
passed finally on the date of its introduction and 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,
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 22nd day of March ,
1978.
ATTEST:
City Secretary MAYOR
THE C OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF MAR(' 1978
J. BRUCE AYCOCK, CITY ATTORNEY
Assista7 Attorney
Corpus Christi, Texas
,'u day of� , 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,
OR
THE CI Y OF CO RISTI, TEXAS
ljjs-
The Charter Rule was suspended by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14229
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DEED RLLURWS
v04645 PAGE108
THE STATE OF TEXAS
COUNTY OF NUECES
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That the City of Corpus Christi,I'Texas, acti'n'g by and through
its duly elected and constituted City Council, on the 22nd day of March,
1978, by Ordinance No. 14229 determined the necessity for and ordered the
improvement of a portion of the following street(s):
1. Dunbar, Easley and Sonora Streets from Greenwood Drive
to Blake Street;
2. Elgin, Sabinas and Blake Streets from Sonora Street to
Baldwin Boulevard;
3. Mohawk Street from Blake Street to Morgan Avenue;
4. Aztec Street from Cheyenne Street to Blake Street;
5. Osage Street from Morgan Avenue to 300 feet south of
Aztec Street;
6. Seminole Street from Blake Street to Morgan Avenue;
7. Rosewood Street from Blake Street to Morgan Avenue;
8. Reynosa Street from Burnet Street to Belton Street;
9. Tasco Street from Sarita Street to State Highway 286,
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 construction, re-
construction, 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. 14229, passed by the City Council on the
22nd day of March, 1978, 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)
• r ! RO[L509 Ina D2
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 3�
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 sixty (60) in number so that, at the owner's request,
the total monthly payments will not exceed Ten Dollars ($10) 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 improve-
1
ments. 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
f,
•Ndti'ee'•,t'b`g .filed by Bill G. Read, City Secretary, and the official seal
f�Lljhe;�cidyji V-be hereto affixed this the 23rd day of March, 1978.
CITY OF CORPUS CHRISTI
M� i1�`�i��:.� > ?: •i�,4; City Se etary
• - THE STATE OF TEXAS j 4i l
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared Dorothy Zahn, Executive Secretary to the City Secretary, an
individual personally known to me,and signed the above instrument with
the name of Bill G. Read, City Secretary of the City of Corpus Christi,
and acknowledged to me that she was duly authorized by said Bill G. Read
to subscribe his name to the foregoing instrument 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 23,r4,,, lay,,rtT '•,,
March, 1978. P s�
STATE OF TOM
COUNTY OF NUECES - . _ ,
I hereby certify that ibis instrument was FILED ontha 0 Public —in an
date and at the time stamped hereon by me; and was duty ��- •r Y: °,.••
Texas - ;,�.'• ..�, _� ,
REC0RDE0, in the Volume and Page of the named RECORDS w , •. = •�` q'
of Nuems County. Texas, as stamped hereon by me, on •T�''•.,,�/ • •G(;�� �� d+ '�
MAP, 24 1978
COUNTY CLERK. ULLU FYLCNRWS
NUECES COUNTY, 7M VDL1645 FACE109