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