HomeMy WebLinkAbout15487 ORD - 04/23/19804-18-430:11t.'-
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-18-80;i5t
All ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF THE FOLLOtWING STREETS IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS:
ELLA'BARNES UNIT'13
.1. Cheyenne Street, from Baldwin Boulevard toAgnes
Street,
.2. Osage. Street, from Chippewa Street to Agnes Street,
•3. Eleanor Street, from Ruth Street to Agnes.Street,
4. Navajo Street, from Osage Street•to-Baldwin
Boulevard,
5. Chippewa, Huron and Lan Streets; from Osage Street
to Virginia Street,
6. Ruth Street, from Eleanor Street to Osage Street,
7. Mary Street, from Francisca Street'. to. Eleanor Street,
8. Elesa Street, from Mary Street to Agnes. Street, •
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOP-
MENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING
THE CITY SCRETARY 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 permanently
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 appurtenances,
all as deemed adequate by the Director of Engineering and Physical Development
15187
end 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:
"ELLA"BARNES iJNIT'1B
.1. Cheyenne Street, from Baldwin Boulevard. to Agnes
Street;.
2., Osage.Street, from Chippewa` Street to Agnes Street,
.Eleanor.Street, from Ruth Street to-Agnes.Street,
4. Navajo Street, from Osage Street to Baldwin
_Boulevard, .
5. Chippewa, Huron and Lon Streets, from Osage Street. -
to Virginia Street,
6. Ruth Street, from Eleanor -Street to Osage Street, .
7. Mary Street, from Francisca Street.to Eleanor Street,
8. Elesa Street, from Mary Street'to Agnes Street_
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 andapproved 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 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.
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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 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 -h alf 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 de-
termination 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.
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.
Where the City Council finds that property is platted for and
committed inwritingto 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 assessment rate will not exceed $4.75 for curb and gutter and pavement
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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 ;hall 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.
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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 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.
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SECTION 4. That after approval by the City Council of plans
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
ORDAINED, this the .7 day of April, 1980.
ATTEST:
•
APPROVED:
j% DAY OF April, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant C;j7 ttorney
CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
day of
, 19,/0
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,
MAY
THE C 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 by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15487
177523
NOTICE
THE STATE OF TEXAS G
COUNTY OF NUECES ➢
8011637 i7E 358
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council, an the 23rd day of April, 1980,
by Ordinance No. 15487 determined the necessity for and ordered the improve-
ment of a portion of the following streets:
1. Cheyenne Street, from Baldwin Blvd. to Agnes St.,
2. Osage Street, from Chippewa St. to Agnes St.,
3. Eleanor Street, from Ruth St. to Agnes St.,
4. Navajo Street, from Osage St. to Baldvin Blvd.,
5. Chippewa, Huron and Lou Streets, from Osage St.
to Virginia St.,
6. Ruth Street, from Eleanor St. to Osage St.,
7. Mary Street, from Francisca St. to Eleanor St.,
8. Elesa Street, from Mary St. to Agnes St.,
within the City of Corpus Christi, Nueces County, Texas, said streets, within
the limits above described, to be improved by 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 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 said Director of Engineering and Physical Development.
That Ordinance No. 15487 , passed by the City Council on the 23rd
day of April, 1980, 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
(30) days from the completion of said improvements and their
acceptance by the City of Corpus Christi, and one install-
ment 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
DEED RECORDS
VOL l737p 557.
80[1637 !MCE 359
DEED RECORDS
VOL l.737pACE 558
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 in number so that, at the owner's request, the
total monthly payments will not exceed Ten Dollars ($10) 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. 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
,0.*°gtyr,}ri.0orpus Christi to be hereto affixed this the 23rd day of April,
1980.•; ;I Y;.
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117.'STAl't OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS
CHHHRRISTII
ByBiflRead, City Secretary
Before me, the undersigned authority, on this day personally appeared
BILL G. READ, 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 consideration 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 23rd day of April,
•
Notary Public in and for Nueces County,
=0:,'i :u : Texas
KOIEV POLI c F za Co 7e
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