HomeMy WebLinkAbout17672 ORD - 06/29/1983M
AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF:
1. Clemmer Street, from Ayers Street to Naples Street,
2. Dillon Lane, from Port Avenue to State Highway 286,
and,
3. Nemec Street, from Ayers Street to Hamlett Drive.
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 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 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:
1. Clemmer Street, from Ayers Street to Naples Street,
2. Dillon Lane, from Port Avenue to State Highway 286,
and,
3. Nemec Street, from Ayers Street to Hamlett Drive.
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
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:
17672
SEP 2,81984
MLCUIJLIVi EU
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.
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 -1B 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 $9.75 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,
N
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 dept, the assessment rate shall
be the same as if the property were fronting the street.
A
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 -1B, 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 price
100% of bid 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 price
100% of bid price
*except as provided elsewhere in this ordinance
*$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 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 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 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
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.
That the specifications shall also state the amount of the
performance bond and payment bond, each of which shall equal the amount of
the bid, as well as the method by which it is proposed to pay the cost of
said improvements, said method being in accordance with 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 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 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
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 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 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
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
ordinance is passed and shall take effect upon first reading as an emergency
measure this the a�j day of 011442 Q , 19.
ATTEST:
i Seecretary«e�a�.
APP •
DAY OF
J. RUCE AYCOCK, CIS' ATTORNEY
MAYOR
THE C TY OF CORPUS CHRISTI, TEXAS
, 193 .
•
Corpus Christi, Texas
u day of
,198\.5
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; 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
MAYOR
THE CITY 0 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:
17 '2
r
ROIL 840 imicr1280
THE STATE OF TEXAS §
COUNTY OF NUECES §
NOTICE
KNOW ALL LIEN BY THESE PRESENTS:
That the City of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the 29th day of June, 1983, by
Ordinance No. 17672 determined the necessity for and ordered the improvement
of a portion of the following street: -
1. Clemmer Street, from Ayers Street to Naples Street,
2. Dillon Lane, from Port Avenue to State Highway 286,
and
3. Nemec Street, from Ayers Street to Hamlet Drive.
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 City Engineer 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 City Engineer and as provided for in. the plans and
specifications for such improvements thereof as prepared by said City
Engineer.
That Ordinance No. 17672, passed by the City Council on the 29th
day of June, 1983, 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 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
City of C. C.
Legal Cepartment
P. 0. Box 9277
C. C., Tx. 78408
4
City of C. C.
Legal Department
O CI, PCax 98708
C. C., Tx. 78403
FJ-
Mit 840 1pact3.281
GEED RECORDS
Mr1S75 ME 524
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
;bX;;Bill. G. Read, City Secretary, and the official seal of the City to
be .hereto -affixed this the a9 day of , 19 6P3
CITY 0 CORPUS CHRISTI
BY f1G ' ". LI � •
•rc e+t� _ _ B G. Read, City ecretary
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 c2,7. -:.c4.. day of
co
o
0
G.
LL
ul
LL
County/Ste Sta a o/Texas
NotaryPublic
Nueces C y/
Dorothy Zahn
tATL or. TEXAS
fpulnY 1 beton
v! coal tint this IAatternttdrme MED on the
Otte end It to, WI, etemCe Wes" by et; and as dory
pECOAOED, ta the Yt Ions end Pep � t� n dRECORDS
od.ttutae may, Too,u atimpr
JUL 6 1983
COUNTY CLERK,
HUECES coWITY, TEXAS
2
City of C. C.
Legal Department
P. 0. Box 9277
C. C., Tx. 78408
25
STATE OF TEXAS
COUNTY OF NUECES
1, MARION UEHLINGER, County Clerk in and For Nueces County, Texas, do
hereby certify that the above and foregoing is a true and correct Photographic copy of NOTICE
from CITY OF CORPUS CHRISTI
to PUBLIC as the same appears of record in my office
in Volume 1875 Page 523&524 DEED
Record of Nuecei County, Texas,
WITNESS my hand and the seal of the County Court of said County at office in.Corpus Christi, Texas.
this the 21 day of SEPTEMBER A D 19 83
•
MARION UEHLINGER
County Clerk, Nueces County, Texas.
BY' /
71706 eputy.
Le Ann R, Mc Cain
Roll 840 IHdCEj,280
THE STATE OF TEXAS §
COUNTY OF NUECES §
326860
NOTICE
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 29th day of June, 1983, by
Ordinance No. 17672 determined the necessity for and ordered the improvement
of a portion of the following street:
1. Clemmer Street, from Ayers Street to Naples Street,
2. Dillon Lane, from Port Avenue to State Highway 286,
and
3. Nemec Street, from Ayers Street to Hamlet Drive.
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 City Engineer 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 City Engineer and as provided for in the plans and
specifications for such improvements thereof as prepared by said City
Engineer.
That Ordinance No. 17672, passed by the City Council on the 29th
day of June, 1983, 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 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
City of C. C.
Legal Department
P. 0. Box 9277
C. C., Tx. 78408
City of C. C.
Legal Department
rE 41, Bmx 98408
C. C.. Tx. 78408
ioti840 51.a&t1281
DEED RECORDS'
R-61-1875 PAGE 524
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
bpe 04 G. Read, City Secretary, and the official seal of the City to
fixeethi s the c29 . day of
COUNTY OF NUECES
§
CITY OF CORPUS CHRISTI
By
, 19 A? .
B'W G. Read, City ecretary
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 6:29t. day of
ne
ne
b
GO
CAD
Notary Public
Nueces County/Stye of Texas
Dorothy Zahn
c t)F SIH nu Li'd's
1 Mteb! oeNb IMbh,>K and wild*
ow 1,4et ttw time umstampad warty 0 he amSd RECORos
cc:, a RDEDR e.. Coad U u samDb hew tri me, en
o JUL 6 1983
cc C N s
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c
C o
COUNTY CLERK.
NUECES COUNTY, TEXAS
2
City of C. C.
Legal Department
P. 0. Box 9277
C. C., Tx. 78408