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HomeMy WebLinkAbout12957 ORD - 12/31/1975,IICH:hb:12 /31/75:1et r 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. 129512f 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. -2- 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 -3- 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 -4- 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)