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HomeMy WebLinkAbout17154 ORD - 07/28/1982W AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAPTER 49, ARTICLE II, ENTITLED "STREET, SIDEWALK, CURB AND GUTTER, AND DRIVEWAY CONSTRUCTION", SO AS TO ADOPT A POLICY OF STREET PAVING ASSESSMENTS DESIGNATED AS SECTION 49-21; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A MAXIMUM ASSESSMENT RATE TO BE PAID FOR CURBS, GUTTERS, STREET IMPROVEMENT AND SIDE- WALKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Code, as amended, be and the same is hereby amended by amending Section 49-21 to hereafter read as follows: "Section 49-21. Required Improvements, Policy on Assessments. The policy for street paving assessments in the City of Corpus Christi shall be as follows: A. Improvements - Streets 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 as needed. The paved • surface shall be as determined by the Department of Engineering and Physical Development. B. Assessment Rates - Property owners abutting on each side of the reet 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 in- clude excavation, caliche base, shell base, lime stabilized base, asphalt oil, asphalt surface, or concrete, and include eight percent (8%) of con- struction costs for engineering. In calculating this rate, credit shall be given to the abutting owners for an assumed 18 -foot wide section of pave- ment which will be an assumed 9 feet abutting such property, where pavement exists. Where such 9 -foot wide section of pavement or portion thereof exists, the same shall be credited to the abutting owner only in the event such pavement exists between the center- line of the original right-of-way dedication and the abutting property line of the property to be assessed. 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 (1008) of cost of construction of curb and gutters, plus eight percent (88) of construct- ion costs of engineering. ' '4171-54 " tIALOLma tEe 2 8 1984: 3. Eighty percent (80%) of cost of construction of sidewalk plus eight percent (5%) of construction costs for engineering. 4. One hundred percent (100%) of cost of construction of driveways, plus eight percent (8%) of construc- tion 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. I. 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. Where such credits are given they will be based on. a 30 year life for curb and gutter, sidewalks and driveways (i.e. prorata credits). No credit will be given for such improvements which have been in service in excess of 30 years. 1. Property which sides along the street being improved shall be assessed at the rate computed above including driveways. 2. 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%. 3. The sidewalk rate shall be a maximum of $1.00 per square foot. 4. 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% assessed, plus 8% of construction costs for engineering, against such 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: a. The property is platted and used for one or two-family residential use, and b. The property is zoned R -1A or R-15 and contains a maximum of one -single family dwellings, 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 a school, both public or non-profit private, and is in use for such college or school purposes at the time of assessment. The assessment rate on properties meeting the above criteria shall not exceed $9.75 per linear foot for curb, gutter -and pavement and $1.00 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. Drive- ways 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. SUMMARY OR 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 $9.75 L.F. $4.88 L.F. * 0% min. - 50% max. $1.00 S.F. $0.50 S.F. * 0% min. - 50% max. 100% of bid 100% of bid 100% of bid price price price 100% of bid 100% of bid 100% of bid price price price PROPERTY NOT MEETING THE CRITERIA FOR SPECIALRATE a) Curb, Gutter and Pavement b) Sidewalk c) Driveway d) Header Curb $19.50 L.F. $19.50 L.P. * $19.50 L.F. $1.00 S.F. $1.00 S.F. $1.00 S.F. 100% of bid 100% of bid 100% of bid price price price 100% of bid 100% of bid 100% of bid price price price * Except as provided elsewhere in this Ordinance. NOTE: 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. . -3- D. Payment of Assessment - The cost assessed against abutting 1Property 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 eight (8%) 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. 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. E. Reverting of Assessment Rates - Rates for assessments as indicated herein will not apply to properties abutting those streets not recon- ,structed as part of the program entitled "Voluntary Paving Program" approved in the General Referendum Bond Election held on November 8, 1977, and further described as Various Neighborhood Streets in Proposition No. 9 on the ballot for such referendum. For purposes of levying assessments against such properties abutting such Various Neighborhood Streets herewith identified as Bali Drive - Mediterranean Drive northerly to cul de sac, Main Drive from Leopard Street to Sedwick Street, and Houston Street from Kostoryz Street to Green Grove, said streets will be assessed using rates as established per Ordinance No. 15779 passed and approved by the City Council on September 24, 1980. SECTION 2. All ordinances or parts of ordinances in conflict herewith.shall be and are hereby repealed to the extent of conflict herewith, particularly and without limitation, Ordinance No. 12957, passed and approved.by the City Council on December 31, 1975, Ordinance No. 12493, passed and approved on February 26, 1975, and Ordinance No. 15779, passed and approved on September 24, 1980; provided however, that all rights,benefits, titles, income, charges and assessments owned by or due to the City of Corpus Christi under any previous paving assessment ordinances, or other ordinances are hereby expressly reserved and.saved for the benefit of the City. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction it shall noi: affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in substance the purpose of the ordinance. • That the foregoing ordinance was read for th first time And passed to its ' second reading on this the /9 day of , 1912 by the following vote: Luther Jones Betty N. Turner' Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for th,.:2n. time and to its third reading on this the 4/ day of , 19 , by the following vote: Luther Jones Betty N. Turner . Jack E-bUmphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles -W. Kennedy Cliff Zarsky That the foregoing ordinance was on this the .4=1? day of Luther Jones • Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky d or the thOpme and passed finally 1* , by the following vote: / dr de PASSED AND APPROVED, this the day of , 19 ,221 . ATTEST: "f212-44-4/ ' Secretary • MAYOR , THE CITY OF CORPUS CHRISTI, TEXAS DAY OF , 19r J. BRUCE AYCOCK, rA1TY A TO NEY ,m1014-40„7•-. By 17151 MOTION Sitgat_Cbved and a4160(t seconded the motion that the ordinance proposing to amend the City ode concerning street, sidewalk, curb and gutter, and driveway construction, read on the first two of three readings on July 14, 1982 and July 21, 1982, be amended prior to the third and final reading by making the following change: Amend Subsection B. Assessment Rates of Section 49-21, by adding to paragraph numbered 1 between the third and fourth sentences the following: "Where such 9 -foot wide section of pavement or portion thereof exists, the same shall be credited -to the abutting owner only in the event such pavement exists between the centerline of the original right-of-way dedication and the abutting property line of the property to be assessed." PASSED fiV406341 PUBLISHER'S AFFIDAVIT CITY OF C.C. STATE OF TEXAS, tss, County of Nueces. ) - Before me, the undersigned, a Notary Public, this day personally came LORRAINE 0. MARTINEZ who being first duly sworn. according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi 'nines, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICEOF PASSAGE OF ORDINKNOE NO. 17154,... of which the annexed is a true copy, was published in . .11a . .. .. on the.allcl... day 19 and once ......thereaftcr for.... consecutive _day one Times. 37.80 LORRAINE C. MARTINEZ ge2/Lillent...6.vykura.,2z5.,_____ ACCOUNTING CLERK Subscribed and sworn to before me this t It.b...day of A.U.GRS.T 19. .82 EUGENIA S. CORTEa. Notary Pib1ic, Nueces County, Te 17,77:74-777.77, :177:7\f, * OLE AM-ENDINGI1754eC*.:ORPLIS CHRISTI CITY CODE, A5, ArEAAELINNE E iR P 91 VISIONS, AMENDINCERTAIN ANO ADOPTING A , READOPTING CERTAIU PROVISIONS OF CHA619 TITLEDTER'9'9;FSVIIICELE, ET"IDE1 GOLECURB GUTTER, D e. WAY CoNSTRUcTinig AS TO ADOPT :I 09 STREET i DESIG SNINIDA LENSTSCT REPEALING ALL, ORDI NANCES IN CONFLICT HEREWITH; FOR CUR , GUTTERS, STREET IM- PROVEMENT AND SID -4 WALKS; PROVIDING FOSS, ING FOR PUBLICATIOU....;\ SEVERABILITY; PROWD- byWgepVIrdeoundn:IrVIed City of Corpus Christi, T2tas on the 2819 day 01 -IUD', 19 The ftfll text of said ordi- nance is availatale to t he p tic in the Office of the dy Secretary,...!s•Bill Read City Stcret 'Corpus Christi, Te