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HomeMy WebLinkAbout18668 ORD - 01/29/1985AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF 1. Wildcat Drive, from F.M. 624 to Teague Lane, and 2. Teague Lane, from Wildcat Drive to Calallen Drive; AND DECLARING AN EMERGENCY. improve thWEeSnate r 1nmeSres) demCiitty ofc eCosrarys to rptmnently 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 nstalled on proper grade and line, and by constructing such storm sewers and drains, together with all other incidentals and appurtenances, allas deemed adequate by the City Engineer and s provided for in the plans and specifications for such improvements, said streeto s) to be paved and curbs and gutters installed as shown n the plans and specifications for such improvements on file in the office of the City Engineer 1. Wildcat Drive, from F M. 624 to Teague Lane, and 2. Teague Lane, dram W11d004 Drive to Calallen 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 an 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 ow abutting oneach side of the street shall be assessed on the front foot bass s as follows. 1. Ninety percent (00%) 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 o 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 an5 umed 9 feet abutting such property, where pavement e01505.Where such 9 -foot wide section of pavement or portion thereof exists, 186418 the same shall be credited to the abutting owner only in the event such pavement exists between the centerline of the anginal right-of-way dedication and the abutting property line of the property to be assessed. Where such 18 -foot section of pavement or portionthereof does not exist, the abutting owner shall be as ssed up o 90% of the actual cost of construction of suchsection, 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. curb One andhundred gutters,percent pluseight percent(8%) of i)of s construction construction costs for engineering 3 Eighty plus eight percent (8%)) off construction c.walk constructionforengineering 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 inlustice and corresponding adjustment C. Assessment Policy - General. Credit shall be iven for existing cubs, 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 far permanent type pavement by the abutting property ow • s 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 0111 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 above except if access is prohibited, then the rate wall be reduced by 50%. c 3 The sidewalk rate shall be a maximum of 81.00 per square foot 4. Where it becomes ncsary 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 following 'Cit!%:,Ce't4=7"rafte1,11rg! ntaMellya's'e'121::Z:=1:?" the ihe 1platted and used for one -or two-family resldenttel 858, and b. The property is and "rta"' a of one igagl;:1, c The property is zoned R-2 and contains no more than two one -family dwellings or one two-family dwelling. d. The proporty ns ooned by and used church, parish hall, temple. caraont or s000stery purposes 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 19.75 per linear foot for curb, gutter and pavement and 81.00 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 allmred, 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 property being assessed is over 250 feet in dent, the assessment rate shall ethesame as if the property were fronting the street. Assessment rates per this ordinance are summarized In the following table SUMMARY OF ASSESSMENT RATES Maximqum Maxgqimum Maximum yimum FrontinPROPLRTY PLATTED AND WAD Rate FOR AR -10, R -1B, ore cR-Z as ate described herein a) Curb, gutter and b) Sidewalknt ay d) Header Curb 59.75 L.F. 04.58 L.F. .0% min. -50% max. 1.00 S.F. 0.50 S.F. '0% min. -50% max. 100% of bid price 100% of bid price 100% of bid price 100% of bid price 100% of bid price 100% of bid price PROPERTY NO MEETING CRITERIA FOR SPECIAL AAT a) Curb, Gutter and Pavement $19.50 L.F. $19.50 L.F. '$19.50 L F. b) Sidewalk 1.00 S.F. 1 00 S.F. 1.00 S.F. d) D 100% of bid riveway 100% of bid price 100% of bid price 100% of bid price except as provided elsewhere in this ordinance 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 a10 -weather road exists with asphaltor concrete surface, the rates as calculated under Section 1, paragraph B shall apply. 0. Payment of Assessment Any property owner against whom and against whose property anassessment has been leviedmay pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements. Any property owner may exercise the option by agreement to pay the cost a ssed in equal monthly installments not to a ceed p e 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 (B%), 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. E. Reverting of Assessment Rates - Rates for assessments as indicated herein will not apply to properties abut: g those streets not reconstructed a part of the program entitled Voluntary Paving Program'. approved in the General Referendum Bond Election held on November 8, 1917, and further described a 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 005010k Street, and Houston Street from Kostoryz Street to Green Grove, said streets will be assessed using rates asestablished per Ordinance Na. 15779 passed and approved by the City Council on September 24, 1980. That no such assessments shall be made against any ow of abutting property, or of a street railway or steam railway, if any, until after the notice and hearing provided by law, and 00 s ment shall be made against an ovmer of abutting property in a of the benefits to such property in enhanced value thereof by means of such improvements For that part of the cast 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 to favor of the City of Corpus Christi, provided by law in accordance with the terns 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 x property to a of the benefits to such property 111 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 assent 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 terns and provisions of this ordinance. Paving certificates evidencing the a ment shall be issued i favor of the City of Corpus Christi for the amount o£ the assessment, whether theproperty be owners have executed Mechanic's ens to secure thepayment or not, ne shallpayable for the purpose of financing paving Improvementcost That the City Engineer, in accordance with the above instructions, is hereby directed to c ordinate the preparation f plans and specifications and file ane 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, 1n 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, 8 well as the method by which it is proposed to pay the cost 0f said improvements, said method being to 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 a Chapter 106 of the Acts of said Session, together with any amendments thereto, now shown as Article 11050 of Vernon's Texas Civil Statutes, which said law, as n alternative method for the construction of st tmprovements to the City of Corpus Christi, Texas, has been adapted 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, then 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 Pecords 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 shalltake effect upon first reading as an emergency measure this the 29th day of January, 1985. Y0R V THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, xas, eur day of1986 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Far the reasonsset 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 solutions 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, MAY Council Members The above ordinance was passe Luther Jones Betty N. Turner 1 David Berlanga, Sr 1 Welder Brown / Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat 5lavik THE CITOF CORPUS CHRISTI, TEXAS he following vote: 199119 611196.3 IWwE1437 41635 NOTICE DEED RECORDS 11950 inti 914 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That the City of Corpus Christi, acting by and through its duly elected and constituted City Council, an the 29th day of January 29, 1985, by Ordinance No. 18668 determined the necessity for and ordered the improvement of a portion of the following street 1. Wildcat Orive, from F M 624 to Te0gue Lane, a d 2. Teague Lane, from Wildcat Drive t0 20101100 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 repairingineand by the construction, reconstruction, repairing realigning ofconcrete 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 s rsand 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 Na. 18668, passed by the City Council on the 29th day of January, 1985, provided that the amounts payable by the real and true oymers of said abutting property shall be paid and become payable in ane of the following methods at the option of the property owner. 1. A11 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) 1n 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 aneinstallment ea h m nth thereafter until paid, together with interest thereon t 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 withoutinterest within thirty (30) days after 81,0 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. CITY OF CORPUS CHRISTI LEGAL DEPARTMENT P 0 B08 9277 CORPUS CHRISTI, TEXAS 78969 '111963 181111438 It. City of Carpus Christi has caused this Notice to be '/ ting .G heCecreytary, andnhaey omff/ic6ia2l seal o,f 1the$ rty. CITY OF CORPUS CHRISTI BYDorathy ZnitnykjSle=ary THE STATE OF TEXAS COUNTY OF NUECES 4 BEFORE ME, the undersigned authority, an this day personally appeared DOROTHY ZAHN, Acting 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 n her capacity as Acting City Secretary, for the purpose and consideration therein expressed, and as the act and deed of said City of Corpus Christi. GIVEN UNDER MY j1AND ANO SEAL this the OQday of .o 19 `QS. µ,,, v ) FAWt,�TiWjL prlp,f Notary Public igp�aWeigm+b Nueces County/State of Texas "0R RECORD FEB 71 nY '8S dWOdoxs 813351 2P11 SFR -g FEB 1 1985 exC'V.a' 4m NUM x CITY OF CORPUS CHRISTI LEGAL DEPARTMENT P 0 BOX9277 CORPUS CHRISTI, TEXAS 78469 DEED RECOROSvni 19S1 r'i 1915