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
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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.
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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.
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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
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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
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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
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