HomeMy WebLinkAbout16320 ORD - 06/17/1981jkh:6-17-81;lst
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLOWING STREET(S) IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
CAIN DRIVE, FROM SOUTH STAPLES STREET TO
EVERHART ROAD;
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS; REQUIRING THE CITY SECRETARY TO FILE A
NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUFCES
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(s) 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 street(s) 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 instalTed 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 Develop-
ment and as provided for -in the plans and specifications for such improve-
ments said street(s) 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:
Cain Drive, from South Staples Street to Everhart Drive.
LIVIED
16320 X ,
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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 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 (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 foot abutting each property, where pave-
---ment-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 engineer-
ing.
4. One hundred percent (100%) of cost of construction of drive-
ways, plus eight percent (8%) of construction costs for
engineering.
The above methodshallbe 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.
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a. Property which sides along the street being improved
shall be assessed at the rate computed above includ-
ing driveways.
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 proper-
ties to prevent vehicles from parking, backing or
turning on the sidewalk, the header curb will be 100%
assessed, plus 8% of construction costs for engineer-
ing, 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 maxi-
mum of -one single-family dwelling, or
(3) 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.
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 is
over 250 feet in depth, the assessment rate shall be the same as if the pro-
perty were fronting the street.
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ing table:
Assessment rates per this ordinance are summarized in the follow -
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)
(b)
(c)
(d)
Curb, gutter and pavement $4.75 L.F.
Sidewalk 0.75 S.F.
Driveway 100% of bid
price
Header Curb - .100% of bid
price
$2.38 L.F.
0.75 S.F.
100% of bid
price
100% of bid
price
* 0% min. -50% max.
* 0% min. -50% max.
100% of bid price
100% of bid price
PROEERTY NOT MEETING CRITERIA FOR SPECIAL RATE
(a)- Curb, Gutter and pavement
Cb)- Sidewalk
(c) Driveway
(d) _Header Curb
$19.50 L.F.
1.00 S.F.
100% of bid
price
100% of bid -
price
*except as provided elsewhere in this ordinance.
$19.50 L.F.
1.00 S.F.
100% of bid
price
100% of bid
price
* $19.50 L.F.
1.00 S.F.
100% of bid price
100% of bid price
-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 cal-
culated under Section 1, paragraph B shall apply.
D. Payment of Assessment. The cost assessed against abutting pro-
perty 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 assess-
ment 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.
That no such assessment 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 deter-
mined 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 assess-
ment, 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 specifica-
tions prepared, provision_shall be made to require all contracts to maintain
for a term not lessthanone (1) year all pavements and improvements herein-
-above_described, if, in the judgment of the City Council, it is deemed
advisable to require same.
That suchspecificationsshall 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 perfor-
mance 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 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.
SECTION 4. That after approval by the City Council of plans and
specifications, bids shall be taken for the construction of the work for
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the type of construction enumerated above and set forth in said plans and
specifications, and the work shall be done, with the materials and accord-
ing 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
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 or Council
members, having declared such emergency and necessity to exist, 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 /7 day of June , 1981 .
ATTEST:
APPROVED:
17th DAY OF June , 19 81
J. BRUCE AYCOCK, CITY ATTORNEY
MA O' Pro -Tem
THE CITOF CORPUS CHRISTI, TEXAS
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Corpus Christi, Texas
/ 7 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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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.
,19P1
Respectfully,
Council Members
Respectfully,
MAYOR9m;T�fi
The City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L._.Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed by the
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
following vote:
16320
ROII7G8 ECE 34
THE STATE OF TEXAS
COUNTY OF NUECES
232229
NOTICE
KNOW ALL MEN BY THESE PRESENTS:
/60020
That the City of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the 17th day of June, 1981, by Ordi-
nance No. 16320 determined the necessity for and ordered the improvement of
a portion of the following street(s):
Cain Drive, from South Staples Street to Everhart Road,
within the City of Corpus Christi, Nueces County, Texas, said street(s) 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. 16320, passed by the City Council on the 17th
day of June, 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 property owner:
1. All in cash within thirty (30) days after completion and accept-
ance by the City; or
2. Payment in monthly installments not to exceed sixty (60) in num-
ber, 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 maturity -
by the payment of the principal and accrued interest thereon. The total number
DEED RECORDS
VOL 1788PAce 109
BC[L.708 !PGCE 35
DEED RECORDS ;.
von 1788PAGE 110
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
filed by Bill G. Read, City Secretary, and the official seal of the City to
be hereto%affixed this the 7 day of July, 1981.
CITY OF CORPUS CHRISTI
THE STATE OF TEXAS
COUNTY; `T--,UECES
Be fore me, the undersigned authority, on this day personally ap-
s; pea eBICL=G.:, EAD, City Secretaryof the Cityof Corpusus Christi, known to
, "me_• -to be the person whose name is subscribed to the foregoing instrument and
S; =-, '•`acknow,l,edgeUtp.me that he signed the same in his capacity as City Secretary,
•. forft6e,°purpose and consideration therein expressed, and as the act and deed
of said',.it , of=4pQrpus Christi.
yifl ,,.e, 't7 f ,'
�8iveri`under my hand and seal this the 101. day of July, 1981.
BY .LRe yllreta
BT G8..Read, City secretary,
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Notary County
Nueces County, Texa
DOROTHY ZAHN
Tlbtary Public In and for Nueces County, Texad
STATE OF TEXAS
COUNTY OF NUECES
t hereby :artily that this inhuman? was FILED onthat
dete and et the time stamped teieati by me; ea was ddy
RECORDED, in the Volume and Page of the named RECORDS
ot,f;aeus County, Texas, as stamped hereon by me, ort
JUL 8 1981
COUNTY CLERK,
NUECES COUNTY, TEXAS