HomeMy WebLinkAbout17061 ORD - 06/02/1982AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF:
KENTNER STREET, FROM PALMETTO STREET TO CLAREMORE STREET;
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi deems it necessary to
permanently improve the herinafter named street(s) within the City of Corpus
Christi; and
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
sidewalks, curbs, gutters and driveways 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 constructing
such storm sewers and drains, together with all other incidentals and
apputenances, all as deemed adequate by the Director of Engineering and
Physical Development and as provided for in the plans 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:
Kentner Street, from Palmetto Street to Claremore Street
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
tit0011311t.1)
su 1984
surface of 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 engineering, regardless of any
maximum rates established herein. The absence of a paved
all-weather road will imply totally new construction 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 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.
b. Property backing on to 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.
When the City Council finds that the property being assessed meets
the following criteria, a special rate will be established as indicated
below:
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(1) The property is platted and used for one -or
two-family residential use, and
(2) The property is zoned R -1A or R-16 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 property is owned 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
determination 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 restriction is placed on the approved plat of said property. 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.
Assessment rates per this ordinance are summarized in the following
table:
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SUMMARY OF ASSESSMENT RATES
Maximum Maximum Maximum
Fronting Rate Siding Rate Backing Rate
PROPERTY PLATTED AND USED FOR R -1A, R -1B, or R-2 as
described herein
a) Curb, gutter
and pavement
b) Sidewalk
c) Driveway
d) Header Curb
$4.72 L.F.
0.75 S.F.
1001 of bid price
1001 of bid price
$2.38 L.F.
0.75 S.F.
1001 of bid price
1001 of bid price
*01 min. -50% max.
*01 min. -50% max.
1001 of bid price
1001 of bid price
PROPERTY NOT MEETING CRITERIA FOR SPECIAL RATE
a) Curb, Gutter
and Pavement
b) Sidewalk
c) Driveway
d) Header Curb
$19.50 L.F.
1.00 S.F.
1001 of bid price
1001 of bid price
$19.50 L.F.
1.00 S.F.
1001 of bid price
1001 of bid price
*except as provided elsewhere in this ordinance
*$19.50 L.F.
1.00 S.F.
1001 of bid price
1001 of bid price
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 1/21), 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.
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 property and their
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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 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
prepared, 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 judgment of the City Council, it is deemed advisable to
require same.
That such specification 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 as 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 4. 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 to said plans and
specifications, and the work shall be done, with the materials and according
to the plans and methods selected by the City Council, after the bids are
opened and contract awarded.
SECTION 5. 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
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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
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 upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
take immediate action to preserve and protect public property by expediting
the construction of public improvements, 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
ordinance is passed and shall take effect
measure this the ...171.1- day of
ATTEST:
1)
DAY OF
J. 4 U E A YCOCK, C Y ATTORNEY
regular meetings so that this
on first reading as an emergency
, 19 9.1-, .
,(J15
MAYO
TH CITY OF CORPUS CHRISTI, TEXAS
, 19
6
Corpus Christi, a:
day of , 1982
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; 1/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
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foll wing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
17061
Roit164 *6E1453
THE STATE OF TEXAS
COUNTY OF NUECES
272963
NOTICE
1
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 2nd day of June, 1982, by
Ordinance No. 17061 determined the necessity for and ordered the improvement
of a portion of the following street:
Kentner Street, From Palmetto Street to Claremore Street
within the City of Corpus Christi, Nueces County, Texas, said streets within
the limits above described to be improved by the raising, grading, filling,
widening, paving, repaving or repairing same and by the construction,
reconstruction, repairing or realigning of concrete sidewalks, curbs,
gutters, and driveways 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 other necessary
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. 17061 , passed by the City Council on the 2nd
day of June, 1982, 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 one hundred
twenty (120) 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 total number of installments on owner -occupied property may be
DEED RECORD'S
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DEED RECORDS
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extended beyond one hundred twenty (120) 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 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
filed by Bill G. Read, City Secretary, and the official seal of the City to
be hereto affixed this the jrAmiliday of 49t.4.4...c— 19P2....
CITY OF CORPUS CHRISTI
THE STATE OF TEXAS
COUNTY OF NUECES §1P'zie, s'
G. Read, eity Secretary
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 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.
GIVEN UNDER MY HAND AND SEAL this the3,-frIL day of
1982.
I
c
FILED FOR RECORD
JUN 3 10 111,1'82
zia4.10.)
47
Porep`i“,
Notary Public
Nueces County/State of Texas
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