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HomeMy WebLinkAbout17813 ORD - 09/07/1983AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS BY THE CONSTRUCTION OF SIDEWALKS AS FOLLOWS: School Sidewalk Program, Phase I Project Site I Alexander Street, on the south side, from the northwest boundary of Edgewood Park to Fannin Elementary School near Devon Drive. Project Site II Through the Crockett Heights Subdivision along the north side of the City drainage and utility easement, from near Greenwood Drive to Burnet Street. Project Site III Rose and Pierpont Street, along the west side, from Leopard Street to Roy Miller High School IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas, has determined the necessity for, and has decided to improve the hereinafter named streets by the construction of sidewalks, within the City of Corpus Christi, in the manner herein provided: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there exists a public necessity for, and the City Council of the City of Corpus Christi, Texas, hereby does determine that it is necessary to improve the following streets within the City of Corpus Christi in the manner herein provided, to -wit: School Sidewalk Program, Phase I Project Site I Alexander Street, on the south side, from the northwest boundary of Edgewood Park to Fannin Elementary School near Devon Drive. Project Site II Through the Crockett Heights Subdivision along the north side of the City drainage and utility easement, from near Greenwood Drive to Burnet Street. 1'7813 SFP 2 81884 MICROFILMED a Project Site III Rose and Pierpont Street, along the west side, from Leopard Street to Roy Miller High School SECTION 2. That it is hereby ordered that said street, within the limits above described, shall be improved by the construction, reconstruction repairing or realigning of concrete sidewalks where the City Engineer determines adequate sidewalks are not now installed on proper grade and line, and as provided for in the plans and specifications for such improvements to be prepared by said City Engineer. All of said improvements are as more particularly shown on the plans and specifications for such improvements, on file in the office of the City Engineer. SECTION 3. In providing for and making such improvements, the City Council hereby determined to proceed under, and in the exercise of the powers, terms and provisions of the Charter of the City of Corpus Christi, Texas, as set out in Article 1105b, Revised Civil Statues of Texas, 1925, as amended. SECTION 4. The City Engineer for the City of Corpus Christi is hereby directed to prepare forthwith and file with the City Council complete plans and specifications for such proposed sidewalk improvements. SECTION 5. The cost of said improvements shall be paid as follows, to -wit: (a) Improvements - Sidewalks shall be a minimum of four feet (4') wide, or wider where needed. The paved surface shall be determined by the City Engineer and approved by the City . Council. (b) Assessment Policy - Property owners abutting said improvements shall be assessed as follows: 1. Eighty percent (80%) of the cost of construction of sidewalks, plus eight percent (8%) of construction costs for engineering. 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. 2 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 school, both public or non-profit private. The assessment rate on properties meeting the above criteria shall not exceed $1.00 per square foot for sidewalks. Property siding on a street being improved shall be assessed not exceeding 50 percent 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. Property backing on the street being improved will be assessed 50 percent of the residential rate for sidewalks except that where sidewalks exist in front of the property there will be no sidewalk assessment. 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. The determination of the assessment rate shall be made by applying the unit prices obtained by bids to the calculated quantities and front foot measurements, for the improvements abutting the property. The cost assessed against said owners and their 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. The total number of monthly installments on owner-occupied property may be extended beyond one hundred twenty (120) in number so that, at the owner's request, the total monthly payments will not exceed Ten ($10.00) Dollars 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. 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. 3 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 is hereby directed to prepare at once specifications and file the 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 specifications shall require the bidder to make a bid upon the type of improvements above described, with the 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 6. The City Council, in initiating this proceeding is acting under the terms and provisions of the Act passed at 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 7. 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 4 to plans and methods selected by the City Council, after the bids are opened and contract awarded. SECTION 8. 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 said City 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 9. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs, 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 day of September, 1983. ATTEST: y Secret.ry MAYOR APPROVED: / A` DAY OF SEPTEMBER, 1983 J. BRUCE AYCOCK, CITY ATTORNEY By As City ttorney 5 THE C Y OF CORPUS CHRISTI, TEXAS Corpus Christi, Tex day o 198a 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, MAYOR Council Members THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed ,,the following vote: Luther Jones Betty N. Turner de: David Berlanga, Sr. Leo Guerrero OF Herbert L. Hawkins, Jr. // Dr. Charles W. Kennedy Joe McComb 40r, _ Frank Mendez / _ Mary Pat Slavik 1:7813 nit 855 w cw1970 THE STATE OF TEXAS ,§ COUNTY OF NUECES § 337870 NOTICE Or1885 FACE 988 o y l<63 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 7th day of September, 1983, by Ordinance No. 17813 determined the necessity for and ordered the improvement of a portion of the following street: School Sidewalk Program, Phase I Project Site I Alexander Street, on the south side, from the northwest boundary of Edgewood Park to Fannin Elementary School near Devon Drive. Project Site II Through the Crockett Heights Subdivision along the north side of the City drainage and utility easement, from near Greenwood Drive to Burnet Street. Project Site III Rose and Pierpont Streets, along the west side, from Leopard Street to Roy Miller High School. within the City of Corpus Christi, Nueces County, Texas, said streets within the limits above described to be improved by the construction, reconstruction, repairing or realigning of concrete sidewalks where the City Engineer determines adequate sidewalks are not now installed on proper grade and line and as provided for in the plans and specifications for such improvements thereof as prepared by said City Engineer. Said ordinance further provides that a portion of the cost of said improvements is to be specially assessed as a lien upon the property abutting said street and as a personal liability against the owners of such abutting property, such assessments to be payable to the City of Corpus Christi. That Ordinance No. 17813, passed by the City Council on the 7th day of September, 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 e Aoi [ 855 IMAGF±971 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. The total number of monthly installments on owner -occupied property may be 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 � iahn, Assistant City Secretary, and the official seal of the su'`= µ g w• 1.� ;;Cit".�:to�')Se�'fSeroetoaaffixed this the 2,1:4, day of 171 ;A4A CITY OF CORPUS CHRISTI By tus,0', Do o.hy-,2a111.2;.'•,G ty;Secretakyat ;THE 'STATE OF TEXAS § `-"', s o ..i .. J? CJ the undersigned authority:; 'on `this`; da/ , persorial7y r:f�, , "k COUNTY OF NUECES BEFORE ME, appeared DOROTHY ZAHN, Assistant 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 she signed the same in her ca acas Assistant City Secretary, for the purpose and consideration 11...ther, :i,n°,expressed, and as the act and deed of said City of Corpus Christi. 0p4r �/ GIVEN UNDER MY HAND AND SEAL this the dayof 'r. � , 19 k c . 8 :1 �' t 8' ^+� Public J r 'ep County/State of Texas J ri °„° v (a vti885 mu 989 N v L,'