HomeMy WebLinkAbout18872 ORD - 06/11/1985AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF:
Timbergate Drive
Timbergate Drive -from Crossgate Subdivision to South
Staples Street; .'
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi deems it necessary to permanently
improve the hereinafter named street(s) within the City of Corpus Christi:
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 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 as deemed 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:
Timbergate Drive
Timbergate Drive, from Crossgate Subdivision to South
Staples Street;
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 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.
B. Assessment Rates - Property owners abutting on each side of the
street shall be assessed on the front foot basis as follows:
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 oil, asphalt surface or
ies7zMICROFILMED
• •
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 an 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 owner only in the
event 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 portion thereof does not exist, the
abutting owner shall be assessed up to 90% of 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 of construction of
curb and gutters, plus eight percent (8%) of construction
costs for engineering.
3. Eighty percent (80%) of 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.
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 owner, in excess 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 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 the same rate as above except if access if
prohibited, then the rate will be reduced by 50%.
03P.001.01 2
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 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.
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.
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 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 $9.75 per linear foot for curb, gutter and pavement and $1.00 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 allowed, 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 dept, the assessment rate shall
be the same as if the property were fronting the street.
03P.001.01 3
• . •
table:
Assessment rates per this ordinance are summarized in the following
SUMMARY OF ASSESSMENT RATES
Maximum Maximum Maximum
Fronting Rate Siding Rate Backing Rate
PROPERTY PLATTED AND USED FOR R -1A, R -1B, or R-2 as
described herein
a) Curb, gutter
and pavement
b) Sidewalk
c) Driveway
d) Header Curb
$9.75 L.F.
1.00 S.F.
100% of bid price
100% of bid price
$4.88 L.F.
0.50 S.F.
100% of bid price
100% of bid price
*0% min. -50% max.
*0% min. -50% max.
100% of bid price
100% of bid price
PROPERTY NOT MEETING CRITERIA FOR SPECIAL RATE
a) Curb, Gutter
and Pavement
1Sidewalk
Driveway
Header Curb
$19.50 L.F.
1.00 S.F.
100% of bid price
100% of bid price
$19.50 L.F.
1.00 S.F.
100% of bid price
100% of bid price
*except as provided elsewhere in this ordinance
*$19.50 L.F.
1.00 S.F.
100% of bid price
100% of bid price
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 all-weather
road exists with asphalt or concrete surface, the rates as calculated under
Section 1, paragraph B shall apply.
D. Payment of Assessment. 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. Any property owner may exercise
the option by agreement to pay the cost assessed in equal 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.
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 as
Various Neighborhood Streets in Proposition No. 9 on the ballot for such
referendum. For purposes of levying assessments against such properties
03P.001.01 4
•
abutting such Various Neighborhood Streets herewith identified as Balli 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 be assessed using rates as 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
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.
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 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.
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, in accordance with the above instructions, is
hereby directed to coordinate the preparation of plans and specifications and
file 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 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
03P.001.01 5
• ' •
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 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, the 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
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
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 shall take effect upon first reading as an emergency measure this
the llth day of June, 1985.
ATTEST:
City Secretary
ROVED: ' AY OF JUNE, 1985
e Io,son, Assistant City Attorney
MAYOR
03P.001.01 6
THE CITOF CORPUS CHRISTI, TEXAS
•
Corpus Christi, T as
itik day of ,( , 198.
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
1
///
THE Y OF CORPUS CHRISTI, TEXAS
Council Members
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
18872
n[.990 towl.961
THE STATE OF TEXAS §
COUNTY OF NUECES §
437278
NOTICE
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 llth day of June, 1985, by
Ordinance No. 18872 determined the necessity for and ordered the improvement of
a portion of the following street:
Timbergate Drive
Timbergate Drive, from Crossgate Subdivision to South
Staples Street;
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 repairing same and by the construction,
reconstruction, repairing or realigning of concrete 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 sewers and 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 No.
of June, 1985, provided that
said abutting property shall
methods at the option of the
1. All in cash
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
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. 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
18872, passed by the City Council on the llth day
the amounts payable by the real and true owners of
be paid and become payable in one of the following
property owner:
within thirty (30) days after completion and
02.140.01
ROIL 990 IMRCEi.962
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
filed by Armando Chapa, City Secretary, and the official seal of the City to be
hereto affixed this the f/,,;Q., day of , 19
CITY OF CORPUS CHRISTI
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
ARMANDO 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 his capacity as City Secretary, for the purpose
and consideration therein expressed, and as the act and deed of said City of
Corpus Christi.
GIVEN UNDER MY 3. AND SEAL this the
Oc
0 auLuce
�GJ
N. �0 u-
ceU go
4
02.140.01
TERESA BROWN
ARY PUBLIC, STATE 1E14/13,/,
MMyi
1I
day of
Notary Public
Nueces County/State of Texas
STATE OF TEXAS tt
COUNTY OF NUECES( ,i•
date and at hereby stamped npad hthat Instrument bwas FILED on the
RECORDED. in the Volume and Page of the named was
of Nueces County. Texas. as stamped hereon by me. on
JUN 14 1985
Z1:13/1
COUNTY CLERK
NUECES COUNTY. TEXAS CITY OF CORPUS CHRISTI
LEGAL DEPARTMENT
P. O. BOX 9277
CORPUS CHRISTI, TEXAS 78469
- DEED RECORDS
365
mi L990 94,ci1.96i
THE STATE OF TEXAS §
COUNTY OF NUECES §
437278
NOTICE
Yof��; D^\EED RECORDS
e4 tit 19.67 LASE 364
cJ}J
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 llth day of June, 1985, by
Ordinance No. 18872 determined the necessity for and ordered the improvement of
a portion of the following street:
Timbergate Drive
Timbergate Drive, from Crossgate Subdivision to South
Staples Street;
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 repairing same and by the construction,
reconstruction, repairing or realigning of concrete 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 sewers and 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 No.
of June, 1985, provided that
said abutting property shall
methods at the option of the
1. All in cash
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
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. 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
18872, passed by the City Council on the llth day
the amounts payable by the real and true owners of
be paid and become payable in one of the following
property owner:
within thirty (30) days after completion and
02.140.01
Rmaa990 wEE1962
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
filed by Armando Chapa, City Secretary, and the official seal of the City to be
hereto affixed this the //,,,t day of ,n , 19 (PS—.
CITY OF CORPUS CHRISTI
BY PliKel
Armando Chapa, City Secretor
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
ARMANDO 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 his capacity as City Secretary, for the purpose
and consideration therein expressed, and as the act and deed of said City of
Corpus Christi.
GIVEN UNDER MY 44qp AND SEAL this the 11 day of
�1 Lrr�r , 19 .
TERESA BROWNpI�
NOTARY1 E 5: rq(a
02.140.01
Aa.Q.ZYk7-00-4\J
Notary Public
Nueces County/State of Texas
STATE OF TEXAS t
COUNTY OF NUECESI
date and at theetime sstamcertify pedV this bmyent nes FILED on the
RECORDED, is the Volume and Page of the named ram RRECORDS
of Nuecas County. Tens, as stamped hereon by me. on
JUN 14 1985
kCOUNTY CLERK �o-
NUECES COUNTY. TEXASF
CITY OF CORPUS CHRISTI
LEGAL DEPARTMENT
P. 0. BOX 9277
CORPUS CHRISTI, TEXAS 78469 /J
DEED RECORDS
7P_17 -11w ; 365
Z1:13A