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HomeMy WebLinkAbout17305 ORD - 10/20/1982AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF BALI DRIVE, FROM MEDITERRANEAN DRIVE NORTHERLY TO THE MAIN TROPIC ISLES CHANNEL 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 NOW, THEREFORE, BE IT ORDAINED BY THE CIT 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 ad 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 fi Director of Engineering and Physical Development: Bali Drive, from Mediterranean Drive northerly to channel. e in the office of the the main Tropic Isles SECTION 2. That the cost of said improveffents 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 as needed. The paved surface shall be as determined by the Department of Engineering and Physical Development. B. Assessment Rates - Property owners abutt ng 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 17305 .16ROBLMED. lEp 2 8 1984 surface or concrete, and include eight percent (81) of construction costs for engineering. In ialculating this rate, credit shall be given to the abuttipg owners for an assumed 18 -foot wide section of pavement 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 centerline 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, thelabutting owner shall be assessed up to 901 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 wilit imply totally new construction in lieu of reconstruction. 2. One hundred percent (1001) of cost of 'construction of curb and gutters, plus eight percent (81) Of construction costs for engineering. 3. Eighty percent (801) of cost of construction of sidewalk plus eight percent (81) of construction for engineering. 4. One hundred percent (1001) of cost of construction of driveways, plus eight percent (81) 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 Ljustment. C. Assessment Policy - General. 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 idescribed above. Where such credits are given they will be based on a 30 Ifear life for curb and gutter, sidewalks and driveways (i.e. prorata credit's). 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 J header curb along the property line of commercially used properties to prevent vehicles from parking, backing oti turning on the sidewalk, or to construct retaining wall to provide 2 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 Iestablished as indicated below: I 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 contains a 1 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. 1 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 public or nonprofit private, and is in college or school purposes at the time of a school, both use for such ssessment. The assessment rate on properties meeting the above criteria shall not exceed $4.75 per linear foot for curb, gutter and pavement and $1.00 per square foot for sidewalks. Driveways shall be asJessed at 100% of cost. I Property siding on a street being improved shall be assessed not exceeding I 50% of the rate for curb, gutter, pavement and sidewalk; the determination of I siding will be dependent upon the actual location ,of improvements on the I property. Driveways shall be excluded from this provision. Property backing on the street being improved shall not be assessed i 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 1 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 I such restriction is placed on the approved plat of said property. If property being assessed is over 250 feet in dept, the assessment rate shall be the same as if the property were fronting the street. I Assessment rates per this ordinance are summarized in the following table: 3 SUMMARY OF ASSESSMENT RATES Maximum MaximuM Maximum Fronting Rate Siding Rate Backing Rate PROPERTY PLATTED AND USED FOR r1A, R-16, or R-2 as described herein a) Curb, gutter and pavement b) Sidewalk c) Driveway d) Header Curb $9.75 L.F. 1.00 S.F. 100% of bid price 100% of bid price $4.88 L.F. 0.50 S.F. 100% of bid 100% of bid price price *0% min. -50% max. *0% min. -50% max. 100% of bid price 100% 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. 100% of bid price 100% of bid price $19.50 L.F. 1.00 S.F. 100% of bid 100% of bid *except as provided elsewhere in this ordinance price rice *$19.50 L.F. 1.00 S.F. 100% of bid price 100% of bid price The above rates for curb and gutter and pavement all-weather road exists at property at time of all-weather road exists with asphalt or concrete calculated under Section 1, paragraph 13 shall apply. only apply if a paved assessment. Where no surface, the rates as 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 there) at the rate of eight percent (8%), 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 reconstructed 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 Proposition No. 9 on the ballot for such referendum. For purposes of levying assessments against such properties abutting such Various Neighborhood Streets herewith 4 identified as Balli 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 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 on September 24, 1980. 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 property shall be levied by assessment as herein provided, and said 1 improvements may further be secured by Mechanic's Liens to be executed in I favor of the City of Corpus Christi, provided by law in accordance with the I terms and provisions of this ordinance. Paving certificates evidencing the I after the notice and hearing provided by law, and no assessment shall be made I against an owner of abutting property in excess of the benefits to such I property in enhanced value thereof by means of such iinprovements. For that part of the cost of the improvements that shall be determined to be levied against the owners of abutting property and their 1 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 lCorpus 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 1 a term not less than one year, all pavements and improvements hereinabove 5 described, if, in the judgment of the City Council require same. That such specification shall require th 1 the type of improvements above described, with maintenance requirements as herein provided. That the specifications shall also s ate the amount of the I performance bond and payment bond, each of which shall equal the amount of I the bid, as well as the method by which it is proposed to pay the cost of l said improvements,I'l said method being in accordance ith this ordinance. 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 SAte of Texas and known as I Chapter 106 of the Acts of said Session, together with any amendments I thereto, now shown as Article 1105b of Vernon's Texas Civil Statutes, which I said law, as an alternative method for the construction of street it is deemed advisable to bidder to make a bid upon improvements in the City of Corpus Christi, Texas, said City. SECTION 4. That after approval by the Ci has been adopted by the y Council of plans and specifications, bids shall be taken for the construction of the work for the I type of construction enumerated above and set forth in said plans and specifications, 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 SECTION 5. That it is further provided at is stipulated by the provisions of the Charter of the City of Corpus Christi, Texas, and the laws 1 above identified, that said improvements may be omitted in front of any I property exempt from the lien of special assessment lor 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 l 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 and contract awarded. Records of said County. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to 6 take immediate action to preserve and protect public property by expediting the construction of public improvements, such findir 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 passed and shall take effect upon first reading as an emergency ordinance is measure this the day of ATTEST: , 19 City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATN.: DAY OF A J. BRUCE YCOCK, CI TY AT ORNEY 7 Corpus Christi, T xas 41) 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 rue as to consideration'and voting upon ordinances or resolutions at three regular meetings; /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, Council Members Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones 6? Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17305 THE STATE OF TEXAS § COUNTY OF NUECES 290525 NOTICE Pu789 789 IPACE1571 %,3O5 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 20th day of October, 1982, by Ordinance No. 17305 determined the necessity for and ordered the improvement of a portion of the following street: Bali Drive, from Mediterranean Drive northerly to the main Tropic Isles channel within the City of Corpus Christi, Nueces County, Texas, said streets within the limits above described to be improved by the raising, grading, fiMing, 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. 17305 , passed by the City Council on the 20th day of October, 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 thi-rty (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 eight percent (8%) 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 DEED RECORDS VOL 1841 it•LE 281 DEED RECORDS VOL 1841 11.uE 282 111)i t 789 NI -1572 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 /4,1-- day of THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the CITY OF CORPUS G. Rea CHRISTI City ecre , 19 Pa- • 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, of said City of Corpus Christi. 40 IVEN UNDER MY HAND AND SEAL this /./.414A..) , 19 22.. and as the act and deed the...0<zi day of LLQ Notary Public Nueces County/State of Texas ROSE RUBIO. Notary Public, Nucces bounty, Tex5 My Commiss;on Expires ___sr• otAlt OF TEXAS COUNTY o NUECES Iwo,' pay tint this lashuntard was FILED wilts Ma end et thop tinie stomped hereon by mc sip Niadof RECORDED, 14 the Volume end Pete of the rimol RECORDS es stamps. bona, by MIN SID x. WOO) e.,30?.(114 :0013 1.1.11110 (,„ -7,7,1z• P. 130 01103311 110,4 03-1U etitunes ooentr.Senan.