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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 btr 4 iyti4 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, -2- 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 -3- 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 -4- 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 �e •.... S;1 ase ( 17 � ; , r: City Secretor s :a': ,TNiyS�RT1`,OF• 7rgps 'I fVTY` o`tAJUECES II rI '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. ,t ^�: . - - ct s� .' rkt ' = t;a CC W N G 1� GIVEN UNDER MY HAND and seal of office this the 28th day of October, 4 a a` 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 '