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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