HomeMy WebLinkAbout12957 ORD - 12/31/1975,IICH:hb:12 /31/75:1et
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AN ORDINANCE
AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED,
BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN
PROVISIONS AND ADOPTING AND READOPTING CERTAIN
PROVISIONS OF CHAPTER 34, ENTITLED "STREETS AND
SIDEWALKS ", SO AS TO ADOPT A POLICY OF STREET
PAVING ASSESSMENTS DESIGNATED AS SECTION 34 -21;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
ESTABLISHING A MAX MUM ASSESSMENT RATE TO BE
PAID FOR CURBS, GUTTERS, STREET IMPROVEMENT AND
SIDEWALKS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEAS:
SECTION 1. That the Corpus Christi City Code, 1958, as
amended, be and the same is hereby amended by amending Section 34 -21
to hereafter read as follows:
"Section 34 -21. Policy oft Street Assessments. The policy
for street paving assessments in the City of Corpus Christi shall be as
follows:
A. ImproyemAUts - Streets 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 may be either
asphalt with flexible base or concrete, as required 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, lime stabilized
base, asphalt oil, asphalt surface, or concrete, and
include six and one -half percent (6 -1/2 %) of con-
struction 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.
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3. Eighty percent (80%) of cost of construction of
sidewalk 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.
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 adjust-
ment.
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 pre-
viously 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 at 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 %.
The assessment rate as calculated by the above procedure shall
not exceed three times the maximum, rate established herein for residences,
schools and churches for curb and gutter and pavement.
In addition, on all properties other than single or two family
residential, schools and churches, the sidewalk rate shall be a maximum
of $0.75 per square foot, but it shall be applied to the actual width of
sidewalk being constructed.
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.
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Where the City Council finds that property is platted for 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 assess-
ment rate will not exceed $4.75 per front foot for curb and gutter and pave-
ment and $0.75 per square foot for sidewalk and 100% of driveway cost.
Property in this category which sides on a street being improved shall be
assessed not exceeding 50% of the rate for curb, gutter, pavement and side-
walk but such rate shall be calculated based on a percentage of width divided
by the depth,'in which event the rate could be less than 507 of the full rate
but the intent is that it will never exceed the 50% indicated above. Where
churches abut on two streets and double frontages are indicated, then the
assessment rate for the church shall be reduced to 507 of the residential
rate on the street which the improvements physically side; the determina-
tion as to whether the property is siding will be dependent upon the actual
location of improvements on the property. Driveways shall be excluded from
this provision.
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 apply-
ing the unit prices obtained by bids to the calculated quantities and
front foot measurements, for the improvements abutting the property."
SECTION 2. The cost assessed against said owners and their
property, shall be payable in monthly installments not to exceed one
hundred twenty (120) 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. Any property owner against
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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.
SECTION 3. All ordinances or parts of ordinances in conflict
herewith shall be and are hereby repealed to the extent of conflict
herewith, particularly and without limitation, Ordinance No. 12686, passed
and approved by the City Council on July 9, 1975, and Ordinance No. 12493,
passed and approved on February 26, 1975; provided, however, that all rights,
benefits, titles, income, charges and assessments owned by or due to the
City of Corpus Christi under any previous paving assessment ordinances, or
other ordinances are hereby expressly reserved and saved for the benefit of
the City.
SECTION 4. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent jurisdiction
it shall not affect any other section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause,
phrase, word, or provision hereof be given full force and effect for its
purpose.
SECTION 5. Publication shall be made one time in the official
publication of the City of Corpus Christi, which publication shall contain
the caption stating in substance the purpose of the ordinance.
SECTION 6. The necessity to amend the Corpus Christi City Code
as hereinabove set forth at the earliest practicable date creates a public
emergency and an imperative public necessity requiring the suspension 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 that such emergency and necessity exist, and having requested the
suspension of the Charter rule and that this ordinance be passed finally
on the date of its introduction and take effect and be in full force and
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effect from and after its passabe and publication, IT IS ACCORDINGLY SO
ORDAINED, this the day ofQ,n> �: _:1i De�, 19�/
ATTEST:
y Secret dfy MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
JLDAY OF QCr , 19
V1� .
aCity Attorney
CORPUS CNRISTI, TEXAS y
DAY OF 9 79
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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 RETIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
YR
THE CIN OF CORPUS CHRISTI' TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUST
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS.
County of Nueees.
Before me, the undersigned, a Notary Public, this day personally came.....-.-
-gama= ... 9__YA:L&wua_z . ... . ......... — who being first duly sworn, according to law, says that he is the
Accounting- _- ,_..___.......__.
of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
TT4v. Cog q CHRISTI
CITY CODE AS AMENDED, BY REPEALING....
of which the annexed is a true copy, was published in
on theJ_._ day 1W-6-- xxitzmmmyt —
Rowena vW ... s'�d . ?� Accounting
Subscribed and sworn to before me this ....... 8 . ...... --day of . ....... . J2131 y . . .. . ......
Eugenia S. Corte&
otery PubH4 Nueces Eou_aiy. -Texas
NOTICE OF PA55AGG
OF ORDINANCE
NO. 11957
AMENDING THE - CORPUS
CHRISTI CITY CODE,iAS
AMENDED, BY REPEALING
CERTAIN PROVISIONS,
AMENDING CERTAIN PROVI-
SIONS AND ADOPTING AND
READOPTING CERTAIN
PROVISIONS OF CHAPTER
34, ENTITLED "STREETS
AND §IDEWALKS ", SO AS TO -
ADOPT A POLICY OF
STREET PAVING ASSESS -
MENT$ DESIGNATED AS
SECTION 34.11; REPEALING
ALL ORDINANCES IN CON -
VLICT HEREWITH; ESTAB-
LISHING A MAXIMUM AS-
SESSMENT RATE TO BE
PAID FOR CURBS, GUTTERS,
STREET IMPROVEMENT
AND SIDEWALKS; PROV10•
ING FOR SEVERABILITY;'
PROVIDING FOR PUB-
LICATION; AND DECLARING
AN EMERGENCY.
WAS PASSED AND APPROV-
ED by the Clry Council of the
City of Corpus Christl during the
Regular Council Meeting held
on December. 31, 1975 at 1:00
p.m. and Provides that It shall
take affect from and after Its
passage end pobllcatlan.
ISSUED UNDER MY HAND
AND SEAL oI the Clty of Corpus
Christi. Texas this 5th day of
January, 1976.
-s -Sill G. Read
BILL G. READ, City
Secretary CHy of
Corpus Christi, Texas
(SEAL)