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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 1 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. -2- 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 -3- 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. -4- 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. -5- 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 1 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