HomeMy WebLinkAbout16004 ORD - 02/04/1981AN ORDINANCE
DETERMINING AND NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF:
McARDLE ROAD, FROM HOLMES DRIVE TO CRESCENT DRIVE;
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 perma-
nently improve the hereinafter named street within the City of Corpus Christi;
and
WHEREAS, by Resolution No. 15287, passed and approved by the City
Council on December 26, 1979, and amended by Resolution No. 15341, passed
and approved by the City Council on January 30, 1980, the City requested the
Texas Department of Highways and Public Transportation to assist in improve-
ments to be made to McArdle Road, from Holmes Drive to Crescent Drive, and
plans and specifications were to be prepared by District 16 of the Texas
Department of Highways and Public Transportation and bids were to be received
by the same State agency:
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 installed
as shown on the plans and specifications for such improvements on file in
the office of the Director of Engineering and Physical Development:
McArdle Road, from Holmes Drive to Crescent Drive.
hllGRQf1LMED,
SEP 2 71984
SECTION 2. That the cost of said improvements shall be assessed
against 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 where
needed. The paved surface shall be as determined by the State Department
of Highways and Public Transportation and approved by the City Council.
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 (904 of cost of improvements relating to pave-
ment for one-half of the street abutting property. Such improve-
ments 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 foot abutting each property, where pavement exists.
Where such 18 -foot 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.
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 drive-
ways, plus eight percent (8%) of construction costs for engineer-
ing.
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.
1. 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.
a. Property which sides along the street being improved
shall be assessed at the rate computed above including
driveways.
-2-
b. 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%.
c. The sidewalk rate shall be a maximum of $1.00 per square
foot.
d. 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:
(1)
The property is platted and used for one -or two-
family residential use, and
The property is zoned R -1A or R -1B and contains a
maximum of one single-family dwelling, or
The property is zoned R-2 and contains no more
than two one -family dwellings or one two-family
dwelling.
The property is owned by
hall, temple, convent or
(5) The property is owned by
both public or nonprofit
and used for church, parish.
monastery purposes.
a college, or a school,
private.
The assessment rate on properties meeting the above criteria shall
not exceed $4.75 per linear foot for curb, clutter 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 backing 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 drive-
ways unsafe or contrary to the public interest, or where such restriction
is placed on the approved plat of said property. If property being assessed
-3-
is over 250 feet in depth, the assessment rate shall be the same as if the
property were fronting the street.
Assessment rates per this ordinance are summarized in the following
table:
SUMMARY OF ASSESSMENT RATES
Maximum Maximum Maximum
Fronting Rate Siding Rate Backing Rate
PROPERTY PLATTED AND USED FOR R -1A, R -1B or
R-2 as described herein
a) Curb, gutter and pavement $4.75 L.F. $2.38 L.F. * 0% min. - 50% max.
b) Sidewalk 0.75 S.F. 0.75 S.F. * 0% min. - 50% max.
c) Driveway 100% of bid 100% of bid 100% of bid price
price price
d) Header Curb 100% of bid 100% of bid 100% of bid price
price price
PROPERTY NOT MEETING CRITERIA FOR SPECIAL RATE
a) Curb, Gutter and Pavement $19.50 L.F. $19.50 L.F. * $19.50 L.F.
b) Sidewalk 1.00 S.F. 1.00 S.F. 1.00 S.F.
c) Driveway 100% of bid 100% of bid 100% of bid price
price price
d) Header Curb 100% of bid 100% of bid 100% of bid price
price price
*except as provided elsewhere in this ordinance_
The above rates for curb and gutter and pavement only apply 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 percent (6 1/21),
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.
-4-
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 improve-
ments 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 payable for the purpose of financing
paving improvement costs.
That the Director of Engineering and Physical Development, in
accordance with=the above instructions, 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 pre-
pared, provision shall be made to require all contractors to maintain, for a
term not less than one year, all pavements and improvements 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.
SECTION 3. That 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.
-5-
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 improvements
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 the said City of Corpus Christi 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 5. That the need to proceed 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 ordi-
nance 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 neces-
sity to exist, having requested the suspension of said Charter rule and that
this ordinance be passed finally on the date of its introduction and take
effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO ORDAINED, this the 4th day of February, 1981.
ATTEST:
Ski
Ci y Secretary MAY
APPR VED:
,DAY OF FEBRUARY, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
A,
THE 0 TY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Tomas
day of
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,
MAYO
THE CITY I'' CORPUS CHRISTI, TEXAS
The Charter rule was suspend;d by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
The above ordinance was passed by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
16004
ROIL 69i. 4110E 777
THE STATE OF TEXAS
COUNTY OF NUECES I
219865
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 4th day of February,1981,
by Ordinance No. 16004 determined the necessity for and ordered the im-
provement of a portion of the following street:
McArdle Road, Holmes Drive to Crescent Drive,
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 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. 16004, passed by the City Council on the 4th
day of February, 1981 , 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 six and one-half (6 1/2%) percent, with
the provision that any of said installments may be paid at any time before
DEED RECORDS
voL1777PACE 193
RO[L691 VICE 778
DEED RECOR S
voL 1777raoi 1.94
maturity by the payment of the principal and accrued interest thereon. The
total number of installments on owner -occupied property may be extended beyond
sixty (60) in number so that, at the owner's request, the total monthly pay-
ments 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 (30)
days after the acceptance and completion of said improvements. And said ordi-
nance 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 has caused this Notice to
v b rHrMit .r sir{��1,ed�, i.by Bill G. Read, City Secretary, and the official seal of the City
YL 1
,• '''to be )iEaretoaaffixed this the q- day of April, 1981.
i rJ ;?fi,: ; r v34.1/
J+t
HE StAT,E rDF,;TEXAS
{ COUN0F;%.NUECES
Vt W "`,'::'s;",;. 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 methat he signed the same in his capacity as City Secretary, for the purpose
and consideration therein expressed, and as the act and deed of said City of
Corpus Christi.
GIVEN UNDER MY HAND AND SEAL this the 7f day of April, 1981.
CITY OF CORPUS CHRISTI
a o - \
i
.ez�
1 '' ;) to cp .
21
COUNTY CLCRK NUECES COUNTY TX.
0 Awe
Notary Public,-cCounty, Texas
Da r`b )(Jy / 2ahy1
TATE OF TEXAS tr
COUNT' OF NUECES
I hereby certify that this instrument was BLED on*,
date and et the time stamped hereon by me; and was duly
RECORDED, in the Volume end Page of the named RECORDS
of Nueces County, Texas, es stamped hereon by me, on
APR 10 1981
COUNTY CLERK,
NUECES COUNTY, TEXAS
1