HomeMy WebLinkAbout14581 ORD - 11/01/1978jkh:10- 3/'- 78;lst
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS:
Sacky Drive, from west of Bonham Drive to
Kostoryz Road,
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 IMPROVEMENTS
SHALL BE PAID; AND DECLARING AN EMERGENCY.
I
WHEREAS, the City of Corpus Christi deems it necessary to perma-
nently improve the hereinafter named streets within the City of Corpus Christi:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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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 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
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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 Director of Engineering and Physical Development:
Sacky Drive, from west of Bonham Drive to Kostoryz
Road.
SECTION2. '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
as needed. The paved surface shall be as determined by the Department of
Engineering and Physical Development 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,
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 of 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
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 park-
ing, 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 shall be
payable in monthly installments not to exceed 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 Y
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 improve-
ments.
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 ordirance. 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 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
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 therto, 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.
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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
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 suspen-
sion 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 the t` J 5r- day of November, 1978.
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ATTEST:
'4�,V 'lew
City Secretary MAYOR
CITY F RPUS CHRISTI, TEXAS
APPROVED:
_DAY OF NOVEMBER,'1978:
J. BRUCE AYCOCK, CITY ATTORNEY
�& `
Assistant r Attorney
Corpus Christi, T
.Zal day of 19%p
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 C TY OF 0 CHRISTI, TEXAS
The Charter rule Was suspended by he following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt f�
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by he following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
145€1
qq ROIL 549 MAP.11583
LLD RECORDS
VOItX73 � lJ PAGE3 �� 1JL3CG5 c L N
NOTICE C.; w w N
LL' THE STATE OF TEXAS ° W
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i COUNTY OF NUECES
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SF 7V
CID �pt That the City of Corpus Christi, Texas, ac��
in g by and,�hrough
its duly elected and constituted City Council, on the Lst day of
November , 1978 , by Ordinance No. 14581 determined the
T" necessity for and ordered the improvement =of - -a portion of the _follows -ig ._
street(s):
Sacky Drive, from West of Bonham Drive to Kostoryz Road,
-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 con-
struction, 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. 14581 , passed by the City Council on
the 1st day of November , 19 78, 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; orTr -•
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,
IRUIL549 MACE1584
together with interest thereon at the rate of five and one - quarter
:s (5- 1J4Y,) 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 assesament
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 constitute a first and prior lien on such abutting
ti property and a personal liability of the real and true owners thereof.
Therefore, the City of Corpus Christi, Texas, has caused this
•-;Kaftce to be filed by Bill G. Read City Secretary, and
L ,
01o" tlie''otficial seal of the City to be hereto affixed this the ..t day of
19 8
CITY OF CORPUS CHRISTI
Y
City Secretary-- Bill G
THE STATE OF TEXAS X
COUNTY OF NUECES
q
C
` 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 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 1st day
November , 19 78
o,, cq � oF�ueDES Notary Public in d r Nueces
�t.rl "x;oL= rF,lhereby certify that this Instrument was FILED on the County, ex s - Dorothy Zahn
date and at the time stamped hereon by me; and was duty
RECORDED, in the Volume and page of the named RECORDS
of Nueces County, Texas, as stamped hereon by me, on
NOV 1 1978 DEED RECORDSs
COUNTY CLERK,
NIIECES COUNTY. TOM