HomeMy WebLinkAbout16739 ORD - 12/09/1981AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVE-
MENT OF:
(1) Carroll Lane, from
Rd., 1
(2) Carroll Lane, from South Padre Island:Drive to Tiger
Lane, and
(3) Mulberry Street, from Carroll Lane to Willow Street;
South Staples Street to Gollihar
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA-
TIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN
THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS,
AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVE-
MENTS SHALL BE PAID; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi deems it necessary to permanently
improve the hereinafter named street(s) within the City of Corpus Christi; and
WHEREAS, the City has requested the Texas Department of Highways
and Public Transportation to assist in improvements to be made to the herein-
after named street(s), and plans) and specifications were to be prepared by
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District 16 of the Texas Department of Highways and Public Transportation and
bids were to be received by the same State agency:
1
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 side-
walks, curbs, gutters and driveways where the Director of Engineering and
Physical Development determines adequate sidewalks, curbs, gutters and drive-
ways 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 Development
and as provided for in theplans and specifications for such improvements, 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) Carroll Lane, from South Staples Street to Gollihar Road,
(2) Carroll Lane, from South Padre Island Drive to Tiger Lane, and
(3) Mulberry Street, from Carroll Lane to Willow Street.
SEP 2 81984
• MICROFILMED
16739
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 determined by the State Department of
Highways and Public Transportation and 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 pavement 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 engineer-
ing, regardless of any maximum rates established herein. The
absence of a paved all-weather road will imply totally new con-
struction 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 engineering.
4. One hundred percent (100%) of cost of construction of
driveways, 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.
a. Property which sides along the street being improved
shall be assessed at the rate computed above including
driveways.
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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 properties
to prevent vehicles from parking, backing or turning on
the sidewalk, or to construct retaining wall to provide
lateral support for abutting property, such header curb
or retaining wall will be 100 percent assessed, plus 8%
of construction costs for engineering, against the
abutting property.I
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 two-
family residential use, and
(2) The property is zoned R -1A or R -1B and contains a
maximum 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 propertyisowned 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 driveways unsafe or contrary to the public•interest, or where such restric-
tion is placed on the approved plat of said property. If property being assessed
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is over 250 feet in depth, the assessment rate shall be the same as if the
property were fronting the street.
Assessment rates per this ordinance are summarized in the following
table:
SUMMARY OF ASSESSMENT RATES
Maximum Maximum Maximum
Fronting Rate Siding Rate Backing Rate
PRDPERTY PLATTED AND USED FOR R -1A, R -1B or
I ' R-2 as described herein
a) Curb, gutter and pavement $4.75 L.F.
b) Sidewalk 10.75 S.F.
c) Driveway 100% of bid
price
d) Header Curb 100% of bid
I price
$2.38 L.F. * 0% min. - 50% max.
0.75 S.F. * 0% min. - 50% max.
100% of bid 100% of bid price
price
100% of bid 100% of bid 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 pavement only apply 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 calculated under
Section 1, paragraph B shall apply.
D. Payment of Assessment. The cost assessed against abutting property
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 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.
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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
determined to be levied against the owners of abutting prooerty_and their
property shall be levied by assessment as herein provided, and said improve -
1
ments 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
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, in
accordance with the above instructions, is hereby. directed to coordinate the
preparation of plans and specifications and file same with the City Council
for the hereinabove described improvements. That in the specifications pre-
pared, provision shall be made to require all contractors to maintain, for a
term not less than one year, all pavements and improvements hereinabove
described, if, in the judgmentofthe 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.
SECTION 3. That 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 11056 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.
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SECTION 4. 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
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property exempt from the lien oflspecial 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 the said City of Corpus Christi 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 5. That the need to proceed 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 ordi-
nance 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, having declared such emergency and neces-
sity to exist, having requested the suspension of said Charter rule and that
this ordinance be passed finally on the date of its introduction and take
effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO ORDAINED, this the 9th day of December , 1981.
ATTEST:
ecretary
APPROVED:
9th DAY OF December, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Te .s
94( day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 1981
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 was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYOR
THE CI Y OF CORPUS CHRISTI, TEXAS
passed by the following
vote:
./.6739
Rai 17351M>1Cf 742
THE STATE OF TEXAS
COUNTY OF NUECES
ff
251154
NOTICE
DEED RECORDS
VOL18O5PAGE 300
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 gth day of December
19 81 , by Ordinance No. 167.39 determined the necessity for and ordered
the improvement of a portion of the following street(s):
1. Carroll Lane, from South Staples Street to Gollihar Road,
2. Carroll Lane, from South Padre Island Drive to Tiger Lane,
and
3. Mulberry Street, from Carroll Lane to Willow 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 construction, reconstruc-
tion, repairing or realigning of concrete sidewalks, curbs, gutters,. and drive-
ways 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 othernecessary incidentals 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. 16739 , passed by the City Council on 9th
December, 1981
day of
, provided that the amounts payable by the rear 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:
i. Ali in cash within thirty (30) days after completion and accep-
tance 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
c
/V
Aat i 735 IMAGE 743
provision that any of said installments may be paid at any time before maturity
by the payment of principal and accrued interest thereon. The total number
of installments on owner -occupied property may be extended beyond sixty (60)
in numberso that, at the owner's request, the total monthly payments will not
exceed Ten Dollars ($10.00) per month. Any property owner against whom and
against whose property an assessment has been levied may pay the whole assess-
ment chargeable to him without interest within thirty (30) days after the
acceptance and completion of said improvements. And said ordinance further
provided that the amounts payable by the abutting property, and the real and
true owners thereof, to be assessed against said property, and said true owners
thereof shall constitute a first and prior lien on such abutting property and
a personal liability of the real and true owners thereof.
Therefore, the City of Corpus Christi has caused this Notice to be
;Ta°� filed by Bill G. Read,- City Secretary, and the official seal of the City to
be hereto affixed this the 9th day of December, 1981.
• U �!
i
CITY OF CORPUS CHRISTI
„''''' g1<IVTE OF TEXAS Byre c'�
', T G. Read, Cit,, cruy
ar$'' -.
� ��<QUJVTY,. OF NUECES
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'h�
the person whose name is subscribed to the foregoing instrument and ac15-4/Tedged " Z1,2%2
to me that he signed the same in his capacity as City Secretary,,for'tfiQ. purpose N '
and consideration therein expressed, and as the act and deed of said C $ty-of ` �•"
Corpus Christi. =_r
GIVEN UNDER MY HAND AND SEAL this the 9th day of December DoT `1981 �'
S' • SIT"
c
COUHTY CLERK HUECES C
•
Notary Public, Nueces Cou ` y/ State of Texas-
RF,S Eta')
Notary Public, NUECES Co.,n`y. Texas
—
My Commission Expires ys
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this lostmment was FILED on the
date and at the time stamped hereon by ma; and wet duty
RECORDED. in the Volume and Page oI the fumed RECORDS
ol,Ruecas County, Texas. as stamped hereof by me. on
OEC 10 1981
COUNTY CLERK.
NUECES COUNTY, TEXAS
DEED RECORDS
VOL 1805 PAGE 301