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