HomeMy WebLinkAbout15738 ORD - 09/03/1980•
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AN ORDINANCE
REDETERMINING THE NECESSITY FOR AND REORDERING IMPROVE-
MENTS TO THE FOLLOWING AREAS BY THE CONSTRUCTION OF
STREETS, PAVEMENT, DRAINAGE, WATER AND SANITARY SEWER
IMPROVEMENTS AS DESCRIBED:
1. STREET IMPROVEMENTS, INCLUDING A 40 -FOOT WIDE
STREET WITH CURB, GUTTER, SIDEWALKS AND DRAINAGE
ON HENDRICKS STREET, FROM SOUTH PADRE ISLAND
DRIVE TO BUSH STREET;
2. SANITARY SEWER IMPROVEMENTS CONSISTING OF A 10 -INCH
DIAMETER PIPE AND APPURTENANCES, FROM A POINT IN
SOUTH PADRE ISLAND DRIVE, 270 FEET EAST OF THE
HENDRICKS STREET - SOUTH PADRE ISLAND DRIVE INTER-
SECTION WESTERLY TO HENDRICKS STREET, AND IN HEN-
DRICKS STREET FROM SOUTH PADRE ISLAND DRIVE TO A
POINT 30 FEET WEST OF BUSH STREET;
3. WATER LINE IMPROVEMENTS, CONSISTING OF AN 8 -INCH
DIAMETER LINE WITH NECESSARY VALVES, FITTINGS AND
FIRE HYDRANTS IN HENDRICKS STREET FROM SOUTH
PADRE ISLAND DRIVE TO BUSH STREET,
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 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 areas 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 -areas shall be improved by the con-
struction of streets, pavement, drainage, water and sanitary sewer improvements
as described:
(1)
Street improvements, including a 40 -foot wide street
with curb, gutter, sidewalks and drainage on Hendricks
Street, from South Padre Island Drive to Bush Street.
(2) Sanitary sewer improvements consisting of a 10 -inch
diameter pipe and appurtenances, from a point in
South. Padre Island Drive, 270 feet east of the Hendricks
Street - South Padre Island Drive Intersection westerly
to Hendricks Street, and in Hendricks Street from South
Padre Island Drive to a point 30 feet west of Bush
Street;
(3)
Water line improvements, consisting of an 8 -inch diameter
line with necessary valves, fittings and fire hydrants
in Hendricks Street from South Padre Island Drive to Bush
Street,
15738
1,AE®i.
imp 2 71984
all as deemed adequate by the Director of Engineering and Physical Develop-
ment and as provided for in the plans and specifications for such improve-
ments to be prepared by the said Director of Engineering and Physical
Development.
SECTION 2. That the cost of said improvements shall be assessed
against adjoining property and paid for as follows, to -wit:
A. Improvements - street, sanitary sewer and water line improve-
ments shall be as outlined hereinabove, including a 40 -foot wide street
with curb, gutter, sidewalks and drainage; sanitary sewer improvements
consisting of a 10 -inch diameter pipe and appurtenances; and water line
improvements consisting of an 8 -inch diameter line with necessary valves,
fittings and fire hydrants, all of said public improvements to be determined
by the Department of Engineering and Physical Development 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,
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.
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.
3. Eighty percent (80%) of cost of construction of side-
walk, 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.
5. One hundred percent (100%) of cost of construction of
water lines.
6. One hundred percent (100%) of cost of construction of
sanitary sewer lines.
7. 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 improvementson 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 in writing to 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
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 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. Special 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 said 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 sane.
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 Articles 1105b and 1110e of
Vernon's Texas Civil Statutes, which said laws, as alternative methods for
the construction of public 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 against the other
O
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 proceedings
with improvements as herein provided as promptly as possible 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 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 o34 day of
ATTEST:
, 19GQ
APPROVED:
DAY OF 19�Q
J. BRUCE AYCOC , CITY ATTORNEY
OF CORPUS CHRISTI, TEXAS
o,•
Corpus Christi, Texas
day of l•CjlJ,y 4iv 19
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,
The Charter rule was suspend
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the following vote:
The above ordinance was pass-; by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15738
X665 ME 383
THE STATE OF TEXAS
COUNTY OF NUECES
198983
NOTICE
•
DEED RECORDS
4011757PAGE 592
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council, on the 3rd day of September ,
1980, by Ordinance No. 15738 determined the necessity for and ordered the
improvement of a portion of the following street(s):
1) Street improvements, including a 40 -foot wide street with
curb, gutter, sidewalks and drainage on Hendricks Street,
from South Padre Island Drive to Bush Street;
2) Sanitary sewer improvements consisting of a 10 -inch diameter
pipe and appurtenances, from a point in South Padre Island
Drive, 270 feet east of the Hendricks Street - South Padre
Island Drive intersection westerly to Hendricks Street, and
in Hendricks Street from South Padre Island Drive to a point
30 feet west of Bush Street;
3) Water line improvements, consisting of an 8 -inch diameter
line with necessary valves, fittings and fire hydrants in
Hendricks Street from South Padre Island Drive to Bush
Street,
within the City of Corpus Christi, Nueces County, Texas, 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. 15738, passed by the City Council on the 3rd
day of September, 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
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 be-
yond 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
•
• ' 410
665 �"" 384
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 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.
''Thersfore, the City of Corpus Christi, Texas, has caused this
Notice to_be-f-Uked by Bill G.Read, City Secretary, and the official seal
of the City;to,'be hereto affixed this thea,#NCday of
CITY OF CORPUS CHRISTI
, 1980.
ill G. ead
City Secretary
THE STATE OF TEXAS
COUNTY OF NUECES
'BEFORE ME, the undersigned authority, on this day personally ap-
,,,,,p0ered BILL G. READ, City Secretary of the City of Corpus:Christi, known
;pr
Pe 'the person whose name is subscribed to the foregoing instrument
°.' ''rd.Aick;iowledged to me that he signed the same in his capacity as City
oreiieYy''for the purposes and consideration therein expressed, and as the
'319nd,deed of said City of Corpus Christi, Texas.
\GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3ipx. day of
, 1980.
urcF-
C; oo e
°d 1
cmw
Ch cc Y
W4 ne
a
i
Notary Public in
County, T
Dorothy Zahn
arATE OF TOMS
COUNTY OF NUECES was FILED on tea
1 hereby cattily that ties instilment
date and at the time stamped man by me; and eras duly
RECORDED. -in tha Woo) ead Pip at the nomad RECORDS
01 Nunes County, Texas, as stamped hereon by ma, on
OCT 16 1960
44.;,di(Ardtri
COUNTY CLERK.
NUECES COUNTY.T0(AS
DEED RECORDS
VOL1757PAGE 593
Nueces