Loading...
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 , -1- 2Zd3S - . 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. -2- 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. -3- 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 -5- 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 -6- 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, titt V . 0 02 v N co - N 14z ir ,_ cna Z La =t V 1 ..4 :,~" x 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