HomeMy WebLinkAbout16737 ORD - 12/09/1981AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF THE FOLLOWING STREET BY THE CONSTRUCTION OF
SIDEWALKS AND DRIVEWAYS AS FOLLOWS:
DOWNTOWN SIDEWALK AND DRIVEWAY PROGRAM
(1) SHORELINE BOULEVARD, SIDEWALK CONSTRUCTION
AT VARIOUS LOCATIONS ALONG THE WEST SIDE,
FROM PARK AVENUE TO HUGHES STREET, AND
(2) TAYLOR AND MESQUITE STREETS, DRIVEWAY CONSTRUC-
TION AT SELECTED LOCATIONS
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 and driveways 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 GHRISTI, 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:
Downtown Sidewalk and Driveway Program
(1) Shoreline Boulevard, sidewalk construction
at various locations along the west side,
from Park Avenue to Hughes Street, and
(2) Taylor and Mesquite Streets, driveway con-
struction at selected locations.
SECTION 2. That is is hereby ordered that said streets, within the
limits above described, shall be improved by the construction, reconstruction,
repairing or realigning of concrete sidewalks and driveways 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 to be prepared by said Director of Engi-
16737
JALCROBLMED
S6P ts 1984
neering and Physical Development.
All of said improvements are as more particularly shown on 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
andfiled with the City Council complete plans and specifications for such
proposed sidewalk and driveway improvements.
SECTION 5. The cost of said improvements shall be paid as follows,
to -wit:
(a) Improvements - The paved surface shall be determined
by the Department of Engineering and Physical Development
and approved by the City Council.
This construction shall consist of placements of sidewalk
within the limits described along the west side of Shore-
line Boulevard at those locations that do not now have
existing sidewalk. The driveway construction shall consist
of the replacement of existing asphalt driveways with con-
crete driveways on Taylor and Mesquite Streets. The side-
walks will be 6' to 8' in width and constructed of 4" thick
reinforced concrete and the driveways will be of 6" thick
reinforced concrete.
The assessment rates have been calculated in accordance with
the latest assessment policy adopted by the City.
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 containe a maximum
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
-2-
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 pay-
ment or not, and shall be payable for the purpose of financing paving improve-
ment 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 speci-
fications prepared, provision shall be made to require all contractors to
maintain for a term not less than one year all 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 require-
ments 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 Chrisit, 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 is 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 improve-
ments without invalidating or affecting the assessments against the other
property abutting upon said street. Further, 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 rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall take effect
upon first reading as an emergency measure this the 9 day of December,
1981.
ATTEST:
THE CITY OF CORPUS CHRISTI, TEXAS
APD:
DAY OF DECEMBER, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By 246v1ft,.si
Corpus Christi, Teas
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,
Council Members
The above ordinance
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYO
THE C TY OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
16' 737
RalL735 NAGE 740
THE STATE OF TEXAS 1
COUNTY OF NUECES
251153
NOTICE
DEED RECORDS
VOL 1805 PAGE 298
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 9th day of December, 1981,
by Ordinance No. 16737 -determined the necessity for and ordered the improve-
ment of a portion of the following streets: Shoreline Boulevard, sidewalk
construction at various locations along the west side, from Park Avenue
to Hughes Street; and Taylor and Mesquite Streets, driveway construction at
selected locations, within the City of Corpus Christi, Nueces County, Texas,
said streets within the limits above described, to be improved by the Con-
struction, reconstruction, repairing or realigning of concrete sidewalks and
driveways where the Director of Engineering and Physical Development determines
adequate sidewalks and driveways 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 streets 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. 16737 passed by the City Council on the 9th
day of December, 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
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 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 •
DI L735 IMAGE 741
total number of monthly installments on owner-cccupicd 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, Texas, has caused this Notice
to be -filed by Bill G. Read, City Secretary, and the official seal of the
City,12e.iiereto affixed this the 9th day of December, 1981.
CITY OF CORPUS CHRISTI
THE\STAtf,OF'TEXAS
COUNTY''' OF NUECES
By
R d; �City`Sdcretary
BEFORE ME, the undersigned authority, on this day personally aankd
BILL G. READ, City Secretary of the City of Corpus Christi, known to meztb be
the person whose name is subscribed to the foregoing instrument and atnowle"dged
to me that he signed the same in his capacity.as City Secretary, for_ale purpose,:. •
and consideration therein expressed, and as the act and deed of•said=ity'of
Corpus Christi, Texas G,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this e 9th d, of becemb&
1981.
cca
—
O
:u
m
Notary Public, Nueces Count /State of Texas
ROSE RUBIO
Notary Public, Nueces County, Texatt
My Commission Expires sVattr4
STATE OF TEXAS
COUNTY OF NUECES
1 hereby certify that this lestrument was FILED oe the
date and at the time stamped hereon by me; and was duly
RECORDED, in the Volume sad Page of the named RECORDS
ot.Nueces County. Texas, as stamped hereon by me. on
DEC 10 198t
COUNTY CLERK.
NUECES COUNTY. TEXAS
DEED RECORDS
VOL 1805 PAGE 299