HomeMy WebLinkAbout14861 ORD - 04/18/1979jkh:4-18-79;lst
AN ORDINANCE
DETERMINING '1Ui NECESSITY FOR AND ORDERING 'ME IMPROVE-
MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS:
BETEL STREET, FROM BURNET STREET TO
CROSSTOWN EXPRESSWAY,
REQUIRING 1HJ DIRECTOR OF ENGINEERING AND PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA-
TIONS; REQUIRING '1'HB CITY SECRETARY TO FILE A NOTICE
IN THE Ore10E OF THE COUNTY CLERK, NUECES COUNTY, TEXAS,
AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS
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:
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 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
14861
MICROFILMED
-JUL 0 81990
•
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:
Betel Street, from Burnet Street to the Crosstown
Expressway.
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
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 o
curbs and gutters, plus six and one-half perc
construction costs of engineering.
3. Eighty percent (80%) of cost of cons
walk, plus six and one-half percent (6 1/29)
costs for engineering.
4. One hundred percent (1009) of cost o
driveways, plus six and one-half percent (6 1
costa for engineering.
5. Where churches abut on two streets -
are indicated, then the assessment rate for t
reduced to 50% of the residential rate on the
improvements physically side; the determinati.
the property is siding will be dependent upon
of improvements on the property.
The above method shall be used regardless
lot and any peculiar characteristics, subject, how=
City Council of inequality or injustice and corresp
construction of
nt (6 1/2%)_. of
ruction of side -
f construction
construction of
2%) of construction
d double frontages
e church shall be
street which the
as to whether
the actual location
of depth and shape of
er, to a finding by the
nding adjustment.
Credit shall be given for existing curbs, gutters, sidewalks
and driveways, if they meet the standards of the C ty of Corpus Christi
at the time of construction, and for the amount sh to have been previously
spent for permanent type pavement by the abutting operty owner, in excess
of the 9 -foot wide pavement credit abutting the pr.
Property which sides along the street bei
assessed the rate computed above including driveway
Property backing onto a street being pav
same rate as above except if access is prohibited,
reduced by 50%.
Where it becomes necessary to construct
property line of commercially used properties to p
ing, backing or turning on the sidewalk, the head -
plus 6 1/2% of construction costs for engineering,
Where the City Council finds that proper
committed in writing to one- or two-family residen
time of assessment, or platted without improvement
to one- or two-family residential use or in use fo
then the assessment rate will not exceed $4.75 for
erty as described above.
g improved shall be
d will be assessed the
then the rate will be
header curb along the
event vehicles from park -
curb will be 100% assessed,
against the abutting property.
y is platted for and
ial use and so used at the
but committed in writing
church or school purposes,
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 ane 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 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
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 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.
•
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 18th day of April, 1979.
ATTEST:
�
ary'r• -9
Ci cret
APPROVED:
18th DAY OF APRIL, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant Attorney
MAYOR
CI OF
CHRISTI, TEXAS
• •
Corpus Christi, Texas
142 day of iR'uz"
, 19 Ick,
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; 1, 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
CHRISTX,_TEXAS
The Charter rule was suspended by the lowing vote:
Gabe Lozano, Sr. a 11f.)
Bob Gulley att if.;_
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr. (14-1.V
Edward L. Sample
—`�
GLi fV
The above ordinance was passed by the following vote:
Gabe Lozano, Sr. ( 4")
Bob Gulley al(C)
David Diaz Q...4Ed
Ruth Gill
Joe Holt ai fe
Tony Juarez, Jr. J
Edward L. Sample
14861
132375
NOTICE
THE STATE OF TEXAS X
COUNTY OF NUECES )
1E01575 31A1ii3�.
That the City of Corpus Christi, Texas, acting by and through
its duly elected and constituted City Council, on the 18th day of
April
, 19 79 , by Ordinance No. 14861 determined the
necessity for and ordered the improvement of a portion of the following
street(s):
Betel Street, from Burnet Street to the Crosstown Expressway,
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. 14861 , passed by the City Council on
the 18thday of April , 1979 , 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)
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,
of En RECORDS
V4L1693 WE 51
I
ROIL 575 I11ACE1182
DF.10.FIECprFin
,m1.1393 ms 52
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 ($10.00) 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 (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
property and a personal liability of the real and true owners thereof.
Therefore, the City of Corpus Christi, Texas, has caused this
Notice to be filed by Bill G. Read , City Secretary, and
.7-.1.1eit seal of the City to be hereto affixed this the 19thday of
r.0 o�April '_��s , 1979
i 7 e t: ,
a iLsv,1 :, _
O
0
OW, ZECZAS„
COUM:;'OO' NUECES I
X
CITY OF CORPUS CHRISTI
1 G. Read
ity Setary
,yY B�l�e
BEFORE ME, the undersigned authority, on this day personally appeared
DOROTBY ZAHN,.Administrative Assistant 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 q�ry�
Cs .,.
Christi, Texas. '''3o3gf'.'ro"
z
GIVEN UNDER NY HAND AND SEAL OF OFFICE, this 19th day of"?i91;"7g'
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this Instrument was FIEED olio
date and at the time stamped hereon by me; and was duly
RECORDED. in the Volume and Pare al iipc named RECORDS
o1 Nueces County, Texas. as stamped hereon by me, an
APR 19.1979
COUNTY CLERK.
NUECES COUNTY, TEXAS
:roar.
0
lic in and for Nueces
JOYCE K. HALE q d; A1fdlr..�`�
FILED i Uli, ` C ram Coutes. IHmmme�n
Bee 19 10 a9 ?ka'19
COUH1l• CLERK UUCCE; COUHTT TX,