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Home My WebLink About15779 ORD - 09/24/1980AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAPTER 49, ARTICLE II, ENTITLED "STREET, SIDEWALK, CURB AND GUTTER, AND DRIVEWAY CONSTRUCTION", SO AS TO ADOPT A POLICY OF STREET PAVING ASSESSMENTS DESIGNATED AS SECTION 49-21; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A MAXIMUM ASSESSMENT RATE TO BE PAID FOR CURBS, GUTTERS, STREET IMPROVEMENT AND SIDEWALKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR -PUBLICATION. \ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS 3 44 CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Code, as amended, be and the same is hereby amended by amending Section 49-21 to hereafter read as follows: "Section 49-21. Required Improvements, Policy on Assessments. The policy for street paving assessments in the City of Corpus Christi shall be as follows: A. Improvements - Streets 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. B. Assessment Rates - 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, lime stabilized base, asphalt oil, asphalt surface, or concrete, and include eight percent (8%) 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. Where such 18-foo't`section of pavement or portion thereof does not exist, the abutting owner shall be assessed up to 90% of the actual cost of construction of such section, including engineering, regardless of any , maximum rates established herein. The absence of a paved all-weather road will imply totally new construction in lieu of reconstruction. 2. One hundred percent (100%) of cost of construction of curb and gutters, plus eight percent (8%) of construction costs for engineering 15773 QOFILMED TEP 2 71984 3. Eighty percent (80%) of cost of construction of sidewalk plus eight percent (8%) of construction costs for engineering. 4. One hundred percent (100%) of cost of construction of driveways, plus eight percent (8%) of construc- tion 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. C. Assessment Policy - General. I. 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. 1. Property which sides along the street being improved shall be assessed at the rate computed above including driveways. 2. Property backing onto a street being improved will be assessed the same rate as above except if access is prohibited, then the rate will be reduced by 50%. 3, The sidewalk rate shall be a maximum of $1.00 per square foot. 4. 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 8% of construction costs for engineering, against the abutting property. When the City Council finds that the property being assessed meets the following criteria, a special rate will be established as indicated below: a. The property is platted and used for one or two-family residential use, and b. The property is zoned R -1A or R -1B and contains a maximum of one -single family dwellings, or c. The property is zoned R-2 and contains no more than two one -family dwellings or one two-family dwelling. d The property is owned by and used for church, parish, hall, temple, convent or monastery purposes. e. Theproperty is owned by a college, or a school, both public or non-profit private. -2- The assessment rate on properties meeting the above criteria shall not exceed $4.75 per linear foot for curb, gutter and pavement and $0.75 per square foot for sidewalks. Driveways shall be assessed at 100 percent of cost. Property siding on a street being improved shall be assessed not exceeding 50% of the rate for curb, gutter, pavement and sidewalk, the deter- mination of siding will be dependent upon the actual location of improvements on the property. Driveways shall be excluded from this provision. Property hacking on the street being improved shall not be assessed for 'curb, gutter and pavement unless driveway access is allowed, then the property will be assessed 50% of the residential fronting rate for curb, gutter and pavement, and 50% of the residential rate for sidewalks except that where sidewalk exists in front of the property there will be no 'sidewalk assessment; Driveway access shall be prohibited where the City Traffic Engineer determines that traffic, pedestrian or other conditions render the construction of driveways unsafe or contrary to the public interest, or where such restric- tion is placed on the approved plat of said property. If property being assessed is over 250 feet in depth, the assessment rate shall be the same as if the property were fronting the street. following table. Assessment rates per this ordinance are summarized in the SUMMARY OF ASSESSMENT RATES Maximum Fronting Rate -Maximum Maximum Siding Rate Backing Rate PROPERTY PLATTED AND USED FOR R -1A, R -1B, OR R-2 AS DESCRIBED HEREIN a) Curb, Gutter and Pavement b) Sidewalk c) Driveway d) Header Curb $4.75 L.F. $2.38 L.F. 0%min. - 50%max. $0.75 S.F. $0.75 S.F. * OX min. - 50%max. 100% of bid 100% of bid 100% of bid price price price 100% of bid 100% of bid 100% of bid price price price PROPERTY NOT MEETING THE CRITERIA.FOR SPECIAL RATE a) Curb, Gutter and Pavement. b) Sidewalk c) Driveway d) Header Curb $19.50 L.F. $19.50 L.F. * $19.50 L.F. $1.00 S.F. $1.00 S.F. $1.00 S.F. 100% of bid 100% of bid 100% of bid price price price 100% of bid 100% of bid 100% of bid price price price Except as provided elsewhere in this Ordinance. NOTE: Above rates for curb and gutter and pavement only app 1y if a paved all-weather road exists at property at time of assessment. Where no all-weather road exists with asphalt or concrete surface, the rates as calculated under Section 1 Paragraph B shall apply. D. Payment of Assessment - The cost assessed against abutting 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 Six and one -.half (6 1/2%) 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. 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. SECTION 2. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed to the extent of conflict herewith, particularly and without limitation, Ordinance No. 12957, passed and approved by the City Council on December 31, 1975, and Ordinance No. 12493,passed and approved on February 26, 1975; provided however, that all rights, benefits, titles, income, charges and assessments owned by or due to the City of Corpus Christi under any previous paving assessment ordinances, or other ordinances are hereby expressly reserved and saved for the benefit of the City. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in substance the purpose of the ordinance. -4- That the foregoing ordinance was read for yle irst tirne an ,passed to its second reading on this the /0 day of ,% : , 19 O , by Lilt following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty M. Turner Cliff Zarsky That the foregoing ordinance was read fo third reading on this the f? day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foreg ing ordin on this the day of Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the a day of ATTEST: Alr if /. ' 41Nr. s:cond time md passed to its 19X0 , by the d for the third time and passed finally 192O� a following vote: C City/Secretary /' APPROVED: /r) DAY OF J. BRUCE AYCOCK CITY ATTORNEY , 1900: By Assistant Ciorney MAYOR Pro -Tem THE CITY/0'/CORPUS CHRISTI, TEXAS 15779 MOTION Qt -7-7y Tiii2A/E//moved and DAV/p 1LL�� seconded the motion that the ordinance read on the first two of three readings on September 10 and September 17, 1980, respectively, concerning amendment of Chapter 49, Article II, entitled "Street, Sidewalk, Curb and Gutter, and Driveway Construction," be amended prior to its third and final reading as follows: A. Delete from Section 49-21, Subsection C. Assessment Policy-- General, olicy=General, subparagraph 3 of paragraph I in its entirety. B. Renumber the present subparagraphs 4 and 5 as subpara- graphs 3 and 4, respectively. Passed 9-.2 y- Pd . •S PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Iss: County of Nueces. J t–J } l i. L>4 - Before me, the undersigned, a Notary Public, this day personally came LORRAINE CORTEZ , who being first duly sworn, according to law, says that he is the ACCOUNTING CLEKR of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE QV AdMEXBINO. THE COXE.US .CHEISTI CITY COBE _ published which the annexed is a true copy, was in THE CORPUS CHRISTI CALLER_TIMES...___.. 29th SEPTEMBER80 day one on the._..._.._ day of 19 , and once each thereafter for consecutive day one Times. 39.27 LORRAINE CORTEZ `i, ..' v` • — ACCOUNTING ITLERIC Subscribed and sworn to before me this �-' may of 0Cf0BER- EUGENIA S. CORTEZ 19....80. Public, Nueces County, a as n OTICE OF P SSAGE OF ORDINANCE NO 15779: AMItNOING THE COR- PUS CHRISTI CITY CODE S AMENDED-BY—RE- PEALING CERTAIN PRO. VISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAP- TER 49, ARTICLE 11, EN- TITLED "STREET, SIDE. WALK, CURB AND GUTTER AND DRIVEWAY CONSTRUCTION", SO AS TO ADOPT A POLICY OF STREET PAVING ASSESS. MENTS DESIGNATED AS SECTION 49.21; RE- PEALING ALL ORD!. NANCES INCONFLICT HEREWITH; ESTAB- , LISHING A MAXIMUM AS- ISESSMENT RATE TO BE [PAID FOR CURBS, GUT - ITERS, STREET IMPROVE- MENT AND SIDEWALKS, PROVIDING FOR SEVER- ABILITY; PROVIDING FOR PUBLICATION WAS PASSED AND AP- , PROVED by the City Council of the City of Corpus Christi, Texas, during the Regular Council Meeting held on the 24th day of September, 1980, at 2:00 p.m. and providing publication one time in the official publication of the City of Corpus Christi, Texas. ISSUED UNDER MY HAND AND SEAL OF THE City of Corpus Christi, Texas, this the 25th day of September, 1980: -s-Bill G Read