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HomeMy WebLinkAbout18781 ORD - 04/09/1985AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF Annaville Area, No. 2 1. Heizer Drive, from Near Westview Drive to McKenzie Road, 2. Emnord Loop, from Heizer Drive to Heizer Drive, 3. Veda Drive, from Fmnord Loop to Heizer Drive. 4. Hurst Drive, from Emmrd Loop to Emmrd Loop, 5. Sammons and Nida Drives, from Heizer Drive to Leopard Street, 6. Guess Drive, from Hilltop Road to Violet Road, and 7. Sunny Drive, from Violet Road to Leonard Drive. AND DECLARING AN EMERGENCY. 'Wove thEheASinafe r CnitmyeofstCaert(ss)Chwriitstiin dtehmCiitty noefceCsosrapruys tCo rpetmnetly NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. 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 sidewalk, curbs, gutters and driveways where the City Engineer determines adequate sidewalks, 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 appurtenances, all asdeemed 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 01.137.01 Annaville Area, No 2 1. Heizer Drive, from Near Westview Drive to McKenzie Road, 2. Enmord Loop, from Helier Drive to Herter Drive, 3. Veda Drive, from Emimrd Loop to Herter Drive. 4. Hurst Drive, from Emnord Loop to Emnord Loop, 5. Sammons and Nide Drives, from Herter Drive to Leopard Street, 6. Guess Drive, from Hilltop Road to Violet Road, and 7. Sunny Drive, from Violet Road to Leonard Drive 18781 MICROFILMED SECTION 2. That th 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 o each side, a 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. 8. Assessment Rates - Property ow abutting o each side of the street shall be assessed an the front foot basisras follows- n 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 o11, 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 a 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 awn only 1n the vent 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 portionthereof does not exist, the abutting omer shall be assessed up to 90% 0f 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 0f construction of curb and gutters, plus eight percent (8%) of construction costs for engineering. 3 Eighty percent (80%) f cost of construction of sidewalk plus eight percent (8%) of construction costs 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. 01.137 01 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 ow excess of the 9 -foot wide pavement credit abutting the property as described above Where such credits are e given, they ill be based on30 year life for curb and gutter, sidewalks and driveways (i.e. prorate 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 therate above except if access if 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 c cially 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 011 be 100% assessed, plus 8% of construction costs for engineering, against such abutting property. When the City Council finds that the property being as ssed meets the following criter,a, a special rate will be established as tndi Gated below a. The property is platted and used for one -or two-family residential use, and b The property is zoned R-10 or 0-10 and conta,ns 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 dalThmeertyonvet ownr emonand rdosfeochurch, parish e. The property is owned by a college, orschool, both publicor nonprofit private, and is in use for such college or r schoolpurposes at the time of assessment exceed $9.75e assessment tfrat on for properties meeting the above criteria shall not per cu gutter and pavement and $1.00 per square 01.137.01 foot for sidewalks. Driveways shall be assessed at 100% of cost. Property siding o street being improved shall be sassessed not a ceeding 50% of the be edffor rndurb, gutter, pavement and sidewalk, the determination of siding will Driveways shall uponthe exthedeactual this f improvements on the property. dys provision. Property backing on the street being improved shall not be a ssed e for curb, gutter and pavement unless driveway access is allowed, then the property will be a ssed 50% of the residentialfronting rate for curb, gutter and pavements and 50% of the residential rate for sidewalks except that where sidewalk exists in front of the property there will be no sidewalk int. Driveway shall be prohibited where the City Traffic Engineer ccneer determines that traffic, pedestrian or other conditions render the construction of driveways unsafe orcontrary to the public interest, or where such restriction is placed on the approved plat of said property. If property being s s s ssed is over 250 feet in dept, the assessment rate shall be the same a ifthe property were fronting the street. Assessment rates per this ordinance are summarized in the following table: SUMMARY OF ASSESSMENT RATES Maximmum Maxyyimum Maximum Frontine PROPLR1Y PLAf1LD AND USED Rate i FOR RR -1A, 0-10, ore cR-29asate described herein a) Curb, gutter and b) Sidewalkment c) Driveway d) Header Curb 59.75 L.F. $4.80 L.F. *0% min -50% max. 1 0D 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 PPOPERTY N01 MEETING CRI16RIA FOR SPLCIAL RATE a) Curb, Gutter and Pavement b) Sidewalk 8) Driveway d) Header Curb $19.50 L.F. 1.00 S.F. 100% of bid price 100% of bid price $19 50 L.F. *119.50 L.F 1.00 S.F. 1.00 S.F 100% of 61d price 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. Nhere no all-weather road exists with asphalt or concrete surface, the rates as calculated under Section 1, paragraph 0 sha11apply. 01.137.01 0. Payment of Assessment. Any propertyer against whom and against whose property n 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. Any property owner may exercise the option by agreement to pay the cost assessed in equal monthlInstallments not to exceed o e hundred twenty (120) innumber, the first of which shall be payabletheirwithin ptance by the City from mfthe Corpus of Christi, completion one said ne installment eath 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. 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 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 Belli 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 00 sssed using rates a 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 proper a dor 00 hearing street railway o steam railway, if any, until after the provided by law, and no assessment shall be made against n owner n of butting property i of the befits to such property in enhanced value thereof by meansof 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 as s ent shall be made against an owner of abutting property e inans of excess essp01 thebenefitsto such property in enhanced value thereof by For that part of the cost of the improvements that shall be determined o 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 to favor of the City of Corpus Christi for the annum of the assessment, whether the property owners rsehave ve exeexecuted mechanic's Liens to se re the payment or not, an paya purpose of financing pavingimprovementcasts. 01 137.01 That the City Engineer, in accordance with the above instructions, 15 hereby directed to coordinate the preparation of plans and specifications and file same with the City Council for the hereinabove described improvements. That inthe specifications prepared, provision shall be made to require all contractors to maintain, for a [ of less than one year, all pavements and improvements hereinabove described, if, in the judgment f 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 106of the Acts f id Session, together with any amendments thereto, now shown as Article 11050 of Vernon's Texas Civil Statutes, which said law, a an alternative method for the construction of street improvements in 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 asisstipulated 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, theCity Secretary of the City of Corpus Christi, Texas, is hereby authorized and directed to prepare a notice in the e 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 o construction of public improvements, such finding f 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 01.137.01 Is passed and shall take effect upon first reading as an emergency measure this the 9th day of April, 1985. ATTEST C /ty=:Q e4414—. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: OAY OF APRIL, 1985 EL BRUCE ,,EITY TTORNEY By A 01.137.01 Citysty t Corpus Christi, Teey� 9 day of/lT' , 1913.5— TO 985 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, emergency requiring Charter rule as to consideration and voting upon ordinances orr solutionsat three regular s meetings; nano therefore, request that you date tis Charter od red, and tats this ordinance orresolution finally on the date it is introduced, or at the present meeting oftheCity Council. Respectfully, Respectfully, Council Members MAYOR THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passe the following vote Luther Jones //�� Or. Jack Best aft./ David errlan9a, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 18781 1 i978 iv.42292 .12831 NOTICE 2S/1 DEED RECORDS YOL19G0 162 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS. COUNTY OF NUECES § That the City of Corpus Christi, acting by and through it dpi' elected and constituted City Council, on the 9th day of April 9, 1985, by Ordinance No 18781 determined the necessity for and ordered the improvement of a portion of the following street. Annaville Area, Na. 2 1. Heizer Drive, from near Westview Drive to McKenzie Read, 2. Enmord Loop, from Heizer Drive to Heizer Drive, 3. Veda Drive, from Emnord Loop to Herter Drive, 4. Hurst Drive, from Enmord Loop to Enmord Loop, 5. Sammons and Nida Drives, from Heizer Drive to Leopard Street, 6. Guess Drive. from Hilitop Road to Violet Road, and 7. Sunny Drive, from Violet Road to Leonard Drive. within the City of Carpus Christi, Nueces County, Texas, said streets within the limits above described to be improved by the raising, grading, filling, widening, paving, repaving or repairing s d by the construction, o reconstruction, repairing realigning ofa anconcrete sidewalks, curbs, gutters, and driveways wherethe City Engineer determines adequate sidewalks, curand by gutters nstructionwao such are not storm sewers now seweinstalled d onproper ifrany and together with all other necessary incidentals and rsappurtenances, alln 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. 18781, passed by the City Council on the 9th day df April, 1985, 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. A11 In cash within thirty (30) days after completion and acceptance by the City or, 2. Payment in Installments nstallments t to exceed o hundred twenty (120) In number, the first fwhich 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 01.142.01 n 87(978 88482293 maturity by the payment of the principal and accrued interest thereon. Any property owner against whom and against whose property anassessment has been levied yn pay the hole assessment chargeable to im withoutinterest within - thirty (30) days after theacceptance 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 o 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 filed bya Armando Chapa, Cit�,y Secretary, a d 1A� fficsal seal 01 the ty to be hereto affixed this the 4 y3 day of n G Oz './ 19 . CITY OFCORPUS CHRISTI 0y�Pf,Hp Armando Chapa, City Secretaryu THE STATE OF TEXAS 4 COUNTY OF NUKES 4 BEFORE ME, the undersigned authority, on this day personally appeared ARMAN00 CHAPA 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 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. q,,46/ GIVEN UNDER MY19AND AND SEAL this the /0,., day of TEREESA BROWN 11.41= II.Ariso Notary Public Nueces County/State of Texas Z�dM nu} Ea°N"d yAl of Nuem, G uNnry�leit��s�mpee Ae�mevmcw APR 17 1985 DEED RECORDS \ VOL 196O 1150 163 .s.,,,