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.,,,