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HomeMy WebLinkAbout15057 ORD - 08/15/1979AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS AS FOLLOWS: H.E.B. Park and Tennis Center Area Shely Street, from Churchill Drive to Ayers Street. IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERIC OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas, has determined the necessity for, and has decided to improve the hereinafter named streets by the construction of sidewalks, within the City of Corpus Christi, in the manner herein provided: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there exists a public necessity for, and the City Council of the City of Corpus Christi, Texas, hereby does determine that it is necessary to improve the following streets within the City of Corpus Christi, in the manner herein provided, to -wit: 15057 tlO LI�IEU os 1141 H.E.B. Park and Tennis Center Area Shely Street, from Churchill Drive to Ayers Street. SECTION 2. That it is hereby ordered that said streets, within the limits above described, shall be improved by the construction, reconstruction, repairing or realigning of concrete sidewalks where the Director of Engineering and Physical Development determines adequate sidewalks are not now installed on proper grade and line, and as provided for in the plans and specifications for such improvements to be prepared by said Director of Engineering and Physical Development. All of said improvements are as more particularly shown on the plans and specifications for such improvements, on file in the office of the Director of Engineering and Physical Development. SECTION 3. In providing for and making such improvements, the City Council hereby determined to proceed under, and in the exercise of the powers, terms and provisions of the Charter of the City of Corpus Christi, Texas, as set out in Article 1105b, Revised Civil Statutes of Texas, 1925, as amended. SECTION 4. The Director of Engineering and Physical Development for the City of Corpus Christi is hereby directed to prepare forthwith and file with the City Council complete plans and specifications for such proposed sidewalk improvements. SECTION 5. The cost of said improvements shall be paid as follows, to -wit: (a) Improvements - Sidewalk shall be a minimum of four feet (4') wide, or wider where needed. The paved surface shall be determined by the Department of Engineering and Physical Development and approved by the City Council. -2- (b) Assessment Policy - Property owners abutting said improvements shall be assessed as follows: 1. Eighty percent (80%) of the cost of construction of side- walk, plus six and one-half (6 1/2) percent 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. 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 awner's request, the total monthly payments will not exceed Ten ($10.00)Dollars per month. Any property owner against wham 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. -4- 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 6. 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 7. 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 8. 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 emitted 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 Carpus 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 9. 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 and that such ordinance or resolu- tion 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 15th day of August, 1979. ATTEST: C" Secretary APPROVED: 14th DAY OFAti ust, 1979 J. BRUCE AYCOC , CITY By is' Asst. City Attorn// MAY THE TY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas /S day of 19167 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, /P i/ THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz. Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: 15057 -11011.596 MACE2248 147674 ;;tTHE STATE OF TEXAS COUNTY OF NUECES NOTICE FILED FOR RECOPP Auc 15 4 42 PM '79 7/"..4'wz1. eJ KNOW ALL MEN BY r naL Lag fiioDRTYT>t. That the City of Corpus Christi, Texas, acting by and through its duly elected and constituted City Council, on the 156 day of August, 1979 by Ordinance No./5Q,S7deterniined the necessity for and ordered the improve- ment of a portion of the following streets: Shely Street, from Churchill Drive to Ayers Street, within the City of Corpus Christi, Nueces County, Texas, said streets within the limits above described, to be improved by the construction, reconstruction, repairing or realigning of concrete sidewalks, where the Director of Engineering and Physical Development determines adequate sidewalks are not now installed on proper grade and line, and as provided for in the plans and specifications for such improvements thereof as prepared by said Director of Engineering and Physical Development. Said ordinance further provides that aportion of the cost of said improvements is to be specially assessed as a lien upon the property abutting said streets and as a personal liability against the owners of such abutting property, such assessments to be payable to the City of Corpus Christi. That Ordinance No.j$ p S 7 passed by the City Council on the 15th day of August, 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 accept- ance 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, together with STATEOFTEi terlest thereon at the rate of five and one-quarter (5-1/4%) percent, with COUNTY OF NUECES hereby certify that this instrument wet FILED oaths date and at the time stamped hereon by me; end was duly RECORDED, in the Volume and Pa -:e of the named RECORDS of Nueces County, Texas, as stamped hereon by me. on AUG 15 19199�p 4etuv COUNTY CLERK NUECES CUM, TEEAS Ia DIED PECQRDS . V0L1708 PACE 779 011596 .MACE 2249 14 OM) RUMMY: V0L1708 l'AGE7$0 the provision that any of said installments may be paid at apyE,., aine,.,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 the official seal of the City j n tc4a3hg e p fe Xthis the 15th day of August, 1979. "0/• ,• v'l li CITY OF CORPUS CHRISTI \17.7 �/,��i1„moi " BY -,a:-G C� �', •,,;�. ,; L, Bill G. Read „ l y tgre:,i4 = City Secretary P ' THE 1�'1741bOF-TEXAS COUNTY OF NUECES 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 pur- poses and consideration therein expressed, and as the act and deed of said City of Corpus Christi, Texas. 1979. GIVEN UNDER MY HAND AND SEAL of office this the 15th day of August, Notary Public in and for Nueces County, Texas