HomeMy WebLinkAbout16391 ORD - 07/22/19817-22-81;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:
Nueces County' Courthouse Area
_1. Comanche Street, from North Staples Street
to Caranachua Street,
2. Artesian Street, from Lipan Street to
Blucher Street,
3. Carrizo-Street, from Lipan Street to Blucher
Street, and
4. Lipan Street, from North Staples to
Caranachua Street;
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, 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(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 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 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:
1. Comanche Street, from North Staples Street
to Caranachua Street,
2. Artesian Street, from Lipan Street to
Blucher Street,
3. Carrizo Street, from Lipan Street to Blucher
Street, and
4. Lipan Street, from North Staples to SEP 271994
Caranachua Street;
16391 M ciliOf uuttU,.
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 determinedand 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 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.
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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 twa-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) 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-
-
rice- 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 pavementonlyapply-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-
party 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
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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 less than one (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 such specifications shall 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 ;72.- day of July
ATTEST:
4p_Cif /4).
i y Secretary
APPROVED:
7— bAY OF July , 19 81 :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant C/ ttorney
-6-
, 1981 .
CORPUS CHRISTI, TEXAS
Corpus Christi, Te
22 day of
9.)
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.
Respectfully, Respectfully,
Council Members
The Charter rule was suspended
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
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley '
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYO
The Ci"-' of Corpus Christi, Texas
by the following vote:
by the following
vote:
V.7 672
THE STATE OF TEXAS
COUNTY OF NUECES
flint Y'on NUECEs f
O
I hereby certify that this instrument wee FILED on the
234684 date end at the time stamped hereon by me; end wes duly
RECORDED, in the Volume end Page of the named RECORDS
ot,ttueces County, Texas, nestembed hereon by me. on
JUL 24 1981
NOTICE
COUNTY CLERK,
NUECES COUNTY, tEXRi;
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 22nd day of July, 1981
by Ordinance No. 16391 determined the necessity for and ordered the
improvement of a portion of the following street(s):
Nueces County Courthouse Area
1. Comanche Street, from North Staples Street
to Caranachua Street,
2. Artesian Street, from Lipan Street to
Blucher Street,
3. Carrizo Street, from Lipan Street to Blucher
Street, and
• 4. Lipan Street,_.from North Staples to
Caranachua Street;
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 construc-
tion, reconstruction, 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 inciden-
tals 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.16391 , passed by the City Council on the 22nd
day of July, 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
acceptance 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
DEED RECORDS
VOL I79OPAGE 219
'P. t Iii S' "[ 673
DEED RECORDS
VOL 1790PAGE 220
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 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 ordi-
nance further provided that the amountspayable by the abutting property,
and the real and true owners thereof, to be assessed against said property,
and said true owners thereofshallconstitute-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
'`-�1JGiy to4
_ 'be hereto affixed this the 22nd day of July , 1981
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TEXAS j
bI' ''"e0UNl'? OF NUECES 1
CITY OF CORPUS CHRISTI
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 me that 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 22nd day of July
79.81 .
FILED FOR fl!=CORgotaryi'ublic
J�� Nueces County, T
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