HomeMy WebLinkAbout16625 ORD - 10/28/1981AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF THE FOLLOWING STREET BY THE CONSTRUCTION OF
SIDEWALKS AS FOLLOWS:
PURDUE ROAD SIDEWALK PROGRAM
1. Purdue Road, south side, from Waldron Road west
for approximately 270 linear feet, and
2. Purdue Road, north side, from a point east of
Lombardy Street to Windmere Drive,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS;
REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE
OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS,
AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS
SHALL BE PAID; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, Texas has
determined the necessity for, and has decided to improve the hereinafter
named street by the construction of sidewalks, within the City of Corpus
Christi, in the manner herein provided:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That there exists a public necessity for, and the City
Council of the City of Corpus Christi, Texas, hereby does determine that it
is necessary to improve the following street within the City of Corpus Christi
in the manner herein provided, to -wit:
PURDUE ROAD SIDEWALK PROGRAM
1. Purdue Road, south side, from Waldron Road west for
approximately 270 linear feet, and
2. Purdue Road, north side, from a point east of Lombardy
Street to Windmere Drive.
SECTION 2. That it is hereby ordered that said streets, within the
limits above described, shall be improved by the construction, reconstruction
repairing or realigning of concrete sidewalks where the Director of Engineering
and Physical Development determines adequate sidewalks are not now installed
on proper grade and line, and as provided for in the plans and specifications
SEP 2 71984
16625
MICROFILMED
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for such improvements to be prepared by said Director of Engineering and
Physical Development.
All of said improvements are as more particularly shown an the
plans and specifications for such improvements, on file in the office of the
Director of Engineering and Physical Development.
SECTION 3. In providing for and making such improvements, the City
Council hereby determined to proceed under, and in the exercise of the powers,
terms and provisions of the Charter of the City of Corpus Christi, Texas, as
set out in Article 1105b, Revised Civil Statutes of Texas, 1925, as amended.
SECTION 4, The Director of Engineering and Physical Development
for the City of Corpus Christi is hereby directed to prepare forthwith and
file with the City Council oomplete plans and specifications for such pro-
posed sidewalk improvements.
SECTION 5. The cost of said improvements shall be paid as follows,
to -wit:
(a) Improvements - Sidewalks shall be a minimum of four feet
(4') wide, or wider where needed. The paved surface shall
be determined by the Department of Engineering and Physical
Development and approved by the City Council.
(b) Assessment Policy - Property owners abutting said improve-
ments shall be assessed as follows:
1. Eighty percent (80%) of the cost of construction of side-
walks, plus eight per-ent (8%) of construction costs
for engineering.
When the City Council finds that the property being assessed meets
the following criteria, a special rate will be established as indicated below:
a. The property is platted and used for one- or two-family
residential use, and
b. The property is zoned R -1A or R -1B and contains a maxi-
mum of one -single family dwelling, or
c. The property is zoned R-2 and contains no more than two
one -family dwellings or one two-family dwelling.
d. The property is owned by and used for church, parish hall,
temple, convent or monastery purposes.
e. The property is owned by a college or school, both public or
nonprofit private.
The assessment rate on properties meeting the above criteria shall
not exceed $0.75 per square foot for sidewalks. Property siding on a street
being improved shall be assessed not exceeding 50% of the rate for curb,
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gutter, pavement and sidewalk, the determination of siding will be dependent
upon the actual location of improvements on the property.
Property backing on the street being improved will be assessed 50%
of the residential rate for sidewalks except that where sidewalks exist in
front of the property there will be no sidewalk assessment. If property
being assessed is over 250 feet in depth, the assessment rate shall be the
same as if the property were fronting the street.
The determination of the assessment rate shall be made by applying
the unit prices obtained by bids to the calculated quantities and front foot
measurements, for the improvements abutting the property.
The cost assessed against said owners and their property shall be
payable in monthly installments not to exceed sixty (60) 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. 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 ($10.00) Dollars 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.
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 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
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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 tern 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 the maintenance requirements
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
as the method by which it is proposed to pay the cost of said improvements,
said method being in accordance with this ordinance.
SECTION 6. 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 7. 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 specifi-
cations, 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 con-
tract awarded.
SECTION 8. That it is further provided as is stipulated by the
provisions of the Charter of the City of Corpus Christi, Texas, and the laws
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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
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 9. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due to the
need for efficient administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter ruel as to
consideration and voting upon ordinances or resolutions at three regular
meetings so that this ordinance is passed and shall take fect upon first
reading as an emergency measure this the ..20 day of(� , 1981.
ATTEST:
Cit etary q MAYOR
APPROVED:
28th DAY OF OCTOBER, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By L.(1
Assistant
THE CIT OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
..74)0? day of
, 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYOR
Council Members
The above ordinance was passed by the foll
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
j &25
THE CITY OF CORPUS CHRISTI, TEXAS
wing vote:
80U 727 !l U 1Q21
THE STATE OF TEXAS 1
COUNTY OF NUECES Il
r '246339
NOTICE
KNOW ALL MEN BY THESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council, on the 28th day of October, 1981, by
Ordinance No. 16625 determined the necessity for and ordered the improvement of
a portion of the following street: Purdue Road, south side, from Waldron
Road west for approximately 270 linear feet, and Purdue Road, north side, from
a point east of Lombardy Street to Windmere Drive, within the City of Corpus
Christi, Nueces County, Texas, said street within the limits above described,
to be improved by the construction, reconstruction, repairing or realigning of
concrete sidewalks, where the Director of Engineering and Physical Development
determines adequate sidewalks are not now installed on proper grade and line,
and as provided for in the plans and specifications for such improvements
thereof as prepared by said Director of Engineering and Physical Development.
Said ordinance further provides that a portion of the cost of said
improvements is to be specially assessed as a lien upon the property abutting
said street and as a personal liability against the owners of such abutting
property, such assessments to be payable to the City of Corpus Christi.
That Ordinance No. 16625 passed by the City Council on the 28th day
of October, 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 accept-
ance 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 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. The
total number of monthly installments on owner -occupied property may be
DEED RECORDS
vol1800pAGE 745
DEED RECORDS
VOLI800PAGE 746
RO1t727 i',LCE1022
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, Texas, 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 28th day of October, 1981.
CY*/-'� CITY OF CORPUS CHRISTI
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'1't�'AFORE ME,the undersigned authority, on this day 9 y, personally appeared
BILL �. 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, Texas.
1981.
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GIVEN UNDER MY HAND and seal of office this the 28th day of October, 4 a
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c: Jur( CL£RF tlUECES COUPIrt TX
otar =u. ic, County of Nueces
Texas
klY Commisston Exp1r /d
STATE OF mos
COUNTY OF NIECES
1 hereby Certify that this whom! masMED ttRthe
date and RECORDED.t the time stamped hereon b
the SoIuumeend Pege o,tme; and wes duly Y
be named RECORDS
ot. Noses County. Telae, as stamped hereon by me. on
OCT 29 1981
COUNTY CLERK.
RUMS COUNTY. MRS
RECORDER'S MEMORANDUM
ALL NAMES NOT TYPED
UNDER SIGNATURES
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