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HomeMy WebLinkAbout13695 ORD - 03/09/1977• jkh:3 -8 -77; 1st AN ORDINANCE 6 I • DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENT OF: PORT AVENUE (M.H. 102) FROM BUFORD STREET TO S.N. 286, PROJECT NO. M -R009 (2), IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi deems it necessary to perma- nently improve the hereinafter named street within the City of Corpus Christi; and WHEREAS, by Ordinance No. 12748, passed and approved by the City Council on August 13, 1975, the City adopted the State's Minute Orders No. 70319 and 70320 providing for construction of Port Avenue improvements jointly by the City and the State Department of Highways and Public Trans- portation whereby it was agreed-that the preparation of plans and specifica- tions and administration of the construction contract would be performed by the State: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following street shall be improved by the raising, grading, filling, widening, paving, repaving, or repairing same, by the construction, reconstruction, repairing or realigning concrete side- walks, 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 construct- ing such storm sewers and drains, together with all other 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, said street to be paved and curbs and gutters 0 installed as shown on the plans and specifications for such improvements MICROFILMED, 13695 Jul 0 71980 on file in the office of the Director of Engineering and Physical Development: Port Avenue (M.N. 102 from Buford Street to S.H. 286, Project No. M -RO09 (2;. 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 are needed. The paved surface shall be as determined by the State Highway Department and approved by the City Council. B. Assessment Policy - Property ow ars 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 construction costs for engineering. In calcu- lating this rate, credit shall be given to the abutting owners for an assumed 9 feet abutting each property, where pavement exists. 2. One hundred percent (1002) of cost of construction of curbs and gutters, plus six and one -half percent (6 1/2 %) of construction costs for engineering. 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 adjustment. 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 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%. -2- The assessement 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, oii 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. Where the City Council finds that property is platted for due 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 - meat 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 50% 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 50% 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. -3- 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 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 /4Z) 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 one hundred twenty (120) 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 improvements. 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, in accordance with the above referenced Minute Orders, is hereby directed to coordinate the preparation of plans and specifications and file 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 require- ments as herein provided. That the specifications shall also state the amount of the per- formance 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 amendments thereto, 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 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. -5- SECTION 5. That the need to proceed with improvements as herein provided as promptly as possible creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- duction 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 intro- duction 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 gd day of March, 1977. ATTEST: City Secretary APPROVED: 9th DAY OF MARCH, 1977: J. B UCE AYCOCK, C TTORNEY By. Assistant Ci t orney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI TEXAS 914, DAY OF //Iia� 19_Z7 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; I, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS TNIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY TH OLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 13695 4.1.207 NOTICE RoA50 INAGE M THE STATE OF TEXAS COUNTY OF NUECES That the City of Corpus Christi, acting by and through its duly elected and constituted City Council, on the 9th day of March, 1977, by Ordinance No. 13695, determined the necessity for and ordered the improve- ment of a portion of the following street: Port Avenue (M.H. 102) from Buford Street to S.H. 286 Project No. M -R009 (2) within the City of Corpus Christi, Nueces County, Texas, said street, within the limits above described, to be improved by raising, grading, fillin4, 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 deter- mines 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 the State Department of Highways and Public Transporta- tion as coordinated by said Director of Engineering and Physical Development. That Ordinanne No. 13695, passed by the City Council on the 9th day of March, 1977, 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 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 percent (5 1/4 %), with the provision that any of said installments may be paid at any time before UELU�IRECORDS{{�� voL1598 PAGE569 • �' DEED RECl�HU5 • RRL450 IMAGE1820 VOL1598 FnE5'10 maturity by the payment of the principal and accrued interest thereon.. The total number of monthly installments on owner - occupied property may be extended beyone sixty 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 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 Edna M. Pierce, Assistant City Secretary, and the official seal of the City to be hereto affixed this the 9th day of March, 1977. = '�i5� `GTIr�1a1 :L7. THE STATE, 2OF COUNTY''D���NU €£�S � CITY OF CORPUS CHRISTI BY ,e4ed,/�i Edna M. Pierce Assistant City Secretary BEFORE ME, the undersigned authority, on this day personally appeared EDNA M. PIERCE, Assistant 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 she signed the same in her capacity as Assistant City Secretary for the purposes and consideration therein expressed, and as the act and deed of said City of Corpus Christi, F `,. ,Texas . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 9th day of March, N r ublic in and for Nueces County, Texas J_IV :_ K. WILE n b\. 1Vomty Pww. m a for 4N —. Cm„ . Tod (� V STATE OF TEXAS l COUNT' OF NUECES r� I hereby ®rtlfy that this instrument was FILED an the date and at_the time stamped herenn by me; and was duly • CO O RECORDED, In tha Volume and Pete of the named RECORDS aC1' of Nueces County, Texas. as stamped hereon by me. oil IV . MAR 9 1977 1' x A� COUNTY CLERX, NUECES COUNTY. TEXAS as