HomeMy WebLinkAbout17321 ORD - 10/27/1982AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF:
AIRLINE ROAD, FROM WILLIAMS DRIVE TO HOLLY ROAD
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
hereinafter named street(s), and plans and specifications were to be prepared
by District 16 of the Texas Department of Highways and Public Transportation
and bids were to be received by the same State agency:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the following street(s) gall 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 City Engineer 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 City
Engineer 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 City Engineer:
Airline Road, from Williams Drive to Holly Road
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 as
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VAIMCWILIO
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
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 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, 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.
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.
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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-18 and contains a
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.
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 nonprofit 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 $4.75 per linear foot for curb, gutter and pavement and $1.00 per
square foot for sidewalks. Driveways shall be assessed at 100% 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
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property being assessed is over 250 feet in dept, 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
PROPERTY PLATTED AND USED FOR R -1A, 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.
1001 of bid price
1001 of bid price
$4.88 L.F.
0.50 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
119.50 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 3 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 eight
percent (81), 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"
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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 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
on September 24, 1980.
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
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
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
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 City Engineer, in accordance with the above instructions,
is hereby directed to coordinate the preparation of plans and specifications
5
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 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
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 regular meetings so that this
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ordinance is passed and shall take effect upon first reading as an emergency
measure this the day of OPAI4e. , 19
ATTEST:
4? _if,Cle- lePeet.er
ecretary
MAYOR elli#1"ev"
THE CITY OF CORPUS CHRISTI, TEXAS
SkEDAY: OF
J. BRUCE AYC° CK, CITY TT R EY —
By
7
Corpus Christi, oe,xas
a7 day of 2 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
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
vote:
117321
ROI 790 IMAGF1 950
THE STATE OF TEXAS §
COUNTY OF NUECES §
291415
NOTICE
a
DEED RECORDS
'voi1842 ALE 66
n
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 27th day of October, 1982, by
Ordinance No. 17321 determined the necessity for and ordered the improvement
of a portion of the following street:
Airline Road, from Williams Drive to Holly Road
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. 17321, passed by the City Council on the 27th
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 thirty
(30) days from the completion of said improvements and their acceptance by
the City of Corpus Christi and one installment each month thereafter ultil
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
property owner against whom and against whose property an assessment has been
---1--, :
,filed ...OM G. Read, City Secretary, and the official seal of the City to
rbe"h4i.ii4affixed this the cVY-4, day of
;In
• • ' ' ' ' • • *. ) -7‘
' ' s:; "\5‘,.;1••••••77: -
B 0G. Read: Cit Secretary
KIEL 790 wc[1.951
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
,4 :d'Ue.owners thereof.
Therefore, the City of Corpus Christi has caused this Notice to be
CITY OF CORPUS CHRISTI
, 19 fZ.
THE STATE OF TEXAS §
COUNTY 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 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 the ..277-4- day of
(9 a -to -)-0—r ,192Z.
RECORDER'S—MEMORANDUM
ALL NAMES NOT TYPED
UNDER SIGNATURES
Notary Public
Nueces County/State of Texas
My Commission Expire
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'OM Of SEXAS
CUM 01, StIECES 3
I Webs testily Met this Instrument W39 nue OA !no
dote ond thatime shunned hereon by me; and was 'dub,
REcoNotet, in the 'Sohn, see Pece of the agreed Rfcaltos
Wixom Dlunty, Tao, es mimed hum by ete. on
OCT 20 1982
4.4s.;p4Ward
COtnnv =IL
NUECES COUNTY, TEM
DEED RECORDS
VOL 1842 lACE