HomeMy WebLinkAbout15579 ORD - 06/11/1980• jkh:6-11-80;1st
AN ORDINANCE
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DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS:
Padre Island Drive (S.H. 358), from West of S.H. 286
Interchange to 1.2 miles Northwest of the Airport
Ditch;
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 IMPROVEMENTS
SHALL BE PAID; AND DECLARING AN EMERGENCY.
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WHEREAS, the City of Corpus Christi deems it necessary to perma-
nently improve the hereinafter named streets within the City of Corpus Christi:
NOV, 1HEAN.ORE, 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 appurtenancon,
all as deemed adequate by the Director of Engineering and Physical Development
end as provided Tor in the plans and specifications for Such improvements
said streets to be paved and curbs and gutters installed :,s shown on the
plans and specifications for such improvements on file in the office of
the Director of Engineering and Physical Development:
Padre Island Drive (S.H. 358), from West of S.H. 286
Interchange to 1.2 miles Northwest of the Airport
Ditch
15579
MICROFILMED
AUG 2 91980
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 whereneeded, plus driveways
as needed. The paved surface shall be as determined by the Department of
Engineering and Physical Development and approved by the City Council.
8. 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 1/2Z) 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.
2. One hundred percent (1002) of cost of construction of
curbs and gutters, plus six and one-half percent (6 1/2Z) of
construction costs of engineering.
3. Eighty percent (80%) of cost of construction of side-
walk, plus six and one-half percent (6 1/2Z) of construction
costs for engineering.
4. One hundred percent (100%) of cost of construction of
driveways, plus six and one-half percent (6 1/2Z) 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 determination 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
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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 whieh 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 507..
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 tie sidewalk, the header curb will be 1002 assessed,
plus 6 1/2Z of construction costs for engineering, against the abutting property.
Where the City Council finds that property is platted for and
committed in writing to one- or twd-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 or church or school purposes-,
then the assessment rate will not exceed $4.75 for curb and gutter and pavement-
and 1002 of driveway cost. Property in this category which sides on a street
being improved shall be assessed not exceeding 50Z of the $4.75 rate, as
well as 50Z of sidewalk, and 1002 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 50Z 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 without a public hearing shall be made against
any owner of abutting property, or of a street railway or steam railway, if
any, unless such notice and hearing provided by law shall be waived by the
owner of the abutting property, 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 is
hereby directed to prepare at once specifications and file the same with
the City Council for the hereinabove described improvemPnta. 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 therto, 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 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. Fcrtlei, the City Secretary of the
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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 af/ r its passage, IT IS ACCORDINGLY SO
ORDAINED, this the )// day of ., 1980.
ATTEST:
Ci Secretary
!!7,771= 0
Jr."Li
BRUCE AY '•CK, CITY ATTORNEY
1980:
BY
Assistant jf J Attorney
RJP:lem
MAYOR
THE CITY OF CO " CHRISTI, TEXAS
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Corpus Christi j-xas
// day of
, 190
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,
MAYOR
THE CITY OF CO " S CHRISTI, TEXAS
The Charter rule was suspend by the follo g vote:
Luther Jones
Edward L. Sample
Dr. Jack Best.
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was pass
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the following vote:
/,
15579
E1644 Tint 777
THE STATE OF TEXAS
COUNTY OF NUECES Q
183346
NOTICE
KNOW ALL MEN BY THESE PRESENTS:
That the City of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the llth day of June, 1980 ,
by Ordinance No. 15579 determined the necessity for and ordered the im-
provement of a portion of the following street:
Padre Island Drive (S.H. 358), from West of S.H. 286
Interchange to 1.2 miles Northwest of the Airport
Ditch,
within the City of Corpus Christi, Nueces County, Texas, said streets within
the limits above described to be improved by the 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 determines
adequate sidewalks, curbs, gutters and driveways are not now installed on
proper grade and line, and by the construction of such storm sowers aad 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.15579 , passed by the City Council on the llth
day of June, 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 accep-
tance 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 installment each month thereafter until paid, together with
interest thereon at the rate of five and one-quarter (5 1/4%) percent, with
Lite provision that duly ui said instal lents may be paid at any tuna tcfcra
,SEED RECaRAg
VOL 1743 PAGE 181
RC1L 644 11E1 778
_ DEED RECORDS
VOL 1743 PAGE 182
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
owner's request, the total monthly payments will not
($10.00) per month. Any property owner against whom
so that, at the
exceed Ten Dollars
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. 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 pro-
perty, 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 the City to be hereto affixed this the 1111day
of- Aitne,-- i980_
`..
9THES CFE-0=fE S
°`0U4ecipFfjahg
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.
CITY OF CORPUS CHRISTI
;„„01 •
Bill G. Read, City Secretary
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 11th day of
June, 1980
k
TE OF TEXAS C
Co NTY OF NUECES r
t hereby certify that this instrument wee FILED on the
dote end et the time stamped hereon by me; and was duly
RECORDED, In the Volume end Page al the named RECORDS
1f Nueces County, Texas, as stamped hereon by me, on
JUN 11 1980
COUNTY CLERIC
NUECES COUNTY. TEAS
FIIEDFO;F(
ublic in and for Nueces County,
kJs1 t Texas
[Lind NUEGP % ;OUNTY T;L
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