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HomeMy WebLinkAbout15209 ORD - 11/07/1979AN_ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENT OF THE FOLLOWING STREETS IN THE -CI -TY -OF CORPUS ,CHRISTI, NUECES COUNTY, TEXAS: PORT AVENUE (M.H. 102) FROM AGNES STREET TO BUFORD STREET 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. "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 appurtenance:;, all as deemed adequate by the Director of Engineering and Physical-Deve]opment 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: Port Avenue (M.H. 102) from AAes.Street to Buford Street MICR oF11.MEa.; AUG 281980 15209 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 he 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. 1 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. i there 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 °or 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 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 pians 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 ORDAIINED, this the / day of November , 1979. ATTEST: . --Cj,ty Secretary APPROVED: DAY OF November, 1979: J. BRUCE AYCOCK, CITY ATTORNEY MAY THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christ' exas 7 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, MAYOR 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 Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15209 THE STATE OF TEXAS COUNTY OF NUECES NOTICE KNOW ALL MEN BY THESE PRESENTS: That the City of Corpus Christi, acting by and through its duly elected and constituted City Council, on the 7th day of November, 1979, by Ordinance No. 15209 determined the necessity for and ordered the improve- ment of a portion of the following street: Port Avenue (M.H. 102) from Agnes Street to Buford Street, within the City of Corpus Christi, Nueces County, Texas, said streets within the limits above described to be improved by the raising, grading, filling, ' widening, paving, repaving or repairing same and by the construction, recon- ' struction, 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. 15209, passed by the_City Council on the 7th day of November, 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 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, 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- A � 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 to be hereto affixed this the 7th day of November, •1979. - CITY OF CORPUS CHRISTI THE STATE OF TEXAS COUNTY OF NUECES By Bill G. Read City Secretary BEFORE ME, the undersigned authority, on this day personally appeared Rill r, Rpad 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 con- sideration 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 7th day of November, Notary Public in and for Nueces County, Texas . THE STATE OF TEXAS 1 COUNTY OF NUECES $ 158305 NOTICE nu1LGi1 !MC{ 736 KNOW ALL MEN BY THESE PRESENTS: That the City of Corpus Christi, acting by and through its duly elected and constituted City Council, on the 7th day of November, 1979, by Ordinance No. 15209 determined the necessity for and ordered the improve- ment -of a portion -of the following street:" -R" " Port Avenue (M.H. 102) from Agnes Street to Buford Street, within the City of Corpus Christi, Nueces County, Texas, said streets within the limits above described to be improved by the raising, grading, filling, widening, paving, repaving or repairing same and by the construction, recon- ' - . • struction, repairing or realigning of concrete sidewalks, curbs, gutters, and driveways where the Director of Engineering and Physical Development determines - i 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. 15209, passed by the City Council on the 7th day - of November, 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. A11 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, 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 .DEED RECORDS - `N a-1719 PACE 309 DEED RECORDS VE1719 PAGE 310 RO(1611 !M41E 737 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 trueownersthereof 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 file0.4y„, Bill G. Read ;�5 C officrjsad••o •rCity to be hereto affixed this the 7th day of November, -rt - r{_ . an City Secretary, and the 19,M, I -1:,,.4%.-� ,1� �1' ii�"°.1 a'ys w 111tZ13�r �P t;. THE STATE OF TEXAS • CITY OF CORPUS CHRISTI ea City Secretary _ COUNTY OF NUECES ; r BEFORE ME, the undersigned authority, on this day personally appeared Rill G Road City Secretary of the City of 7 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 con- sideration 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 7th day of November, -0 . '1979. Notary Public in and for Nueces County, Texas ROSE RUBIO ”" Notary Public, Nueces County, Texas My Commission Expires.5�/D-B/ STATE OF TEXAS 1�INMY OF NUECES 1 hereby certify that this instrument was FILED on tM Ude end et the time stamped hereon by me; end was duly RECORDED, in the Volume end Page 01 the named RECORDS Of Nuaces County, Texas, as stamped hereon by me, on NOV, 7 1979 CP•r,iTT Ci ERR. NUECES WORD, TEXAS 'X1 AAN00J S3:13AN 1013 A11 03 t.J