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HomeMy WebLinkAbout16174 ORD - 04/08/1981AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: '1. Burns Street, from Chipito Street to West Broadway, 2. Ramirez Street, from Sam Rankin Street to Burns Street and from Waco Street to IH 37, !3. Chipito Street, from Sam Rankin Street to Burns Street and from North Alameda Street to North Staples Street, '4. Waco Street, from West Broadway to Lake Street, 5. Lobo Street, from Sam Rankin Street to North Staples Street, 6. Coke Street, from Martin Luther King Drive to Xaiver Street, 7. Frank Street, from Sam Rankin Street to Nueces Street, 8. Carline Alley, from Frank Street to Lobo Lane, and 9. Lake.Street, from North Alameda, to North Staples Street. 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. WHEREAS, the City of Corpus Christi deems it necessary to perma- nently 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 and as provided for in the plans and specifications for such improvements said streets to be paved and curbs and gutters installed as shown on the plans and specifications for such inprovements on file in the office of the Director of Engineering and Physical Development: 1. Burns Street, from Chipito Street to West Broadway, 2. Ramirez Street, from Sam Rankin Street to Burns Street and from Waco Street to IH 37, 3. Chipito Street, from Sam Rankin Street to Burns Street and from North Alameda Street to North Staples Street, 4. Waco Street, from West Broadway to Lake Street, 5. Lobo Street, from Sam Rankin Street to North Staples Street, 6. Coke Street, from Martin Luther King Drive to Xaiver Street, 7. Frank Street, from Sam Rankin Street to Nueces Street, 8. Carline Alley, from Frank Street to Lobo Lane, and 9. Lake.Street, from North Alameda to North Staples Street. 161_74 M.LCROEJLMEU, SSP 271984 j 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. - l. 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 (2) . 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. (4) The property is owned by and used for church, parish hall, temple, convent or monastery purposes. (5) The property is owned by a college, or a school, both public or nonprofit private. (3) 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 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 8 Curb, gutter and pavement $4.75 L.F. $2.38 L.F. * 0% min. - 50% max. 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 2l, 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 1/2%), 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- j J 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 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 maintenancerequirements 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 asthemethod 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 -5- 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. 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 S. That it is further providedasis 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 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 -6- in full force and effect from and after its passage, IT IS" ACCORDINGLY SO ORDAINED, this the day of a ru i , 19. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cttorney Corpus Christi, Texas �� d day of (AJC , 195]_ 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 F CORPUS CHRISTI, TEXAS The Charter rule was suspended 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 s 8011691 ME 779 THE STATE OF TEXAS 1 COUNTY OF NUECES 219666 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 8th day of April, 1981 , by Ordinance No. 16174 determined the necessity for and ordered the im- provement of a portion of the following street(s): 1. Burns Street, from Chipito Street to West Broadway, 2. Ramirez Street, from Sam Rankin Street to Burns Street and from Waco Street to IH 37, . 3. Chipito Street;. from Sam Rankin Street to Burns Street and from North Alameda Street to North Staples Street, 4. Waco Street, from West Broadway to Lake Street, 5. Lobo Street, from Sam Rankin Street to North Staples Street, '6. Coke. Street, from Martin Luther King Drive to Xaiver Street, 7. Frank Street, from Sam -Rankin Street to Nueces Street, 8. Carjine Alley, from Frank Street to Lobo Lane, and' 9. Lake.Street, from North Alameda.to North Staples Street, 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. 16174 , passed by the City Council on the 8th day of April, 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 DEED RECORDS 1.; "voi 1777 nu 195 e ' V ROIL 691 ! [ 780 -.. DEED RECORDS VOL 1777PaOE 198 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. 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 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 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 has caused this Notice to be filled 'by Bill G. Read, City Secretary, and -the official seal of the City '. ki'V ME glia€fii d this the day of April, 1981. l CITY OF CORPUS CHRISTI [12 111 « a'1 ,<;