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HomeMy WebLinkAbout19702 ORD - 04/07/1987AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Johanna Street Johanna Street, from Kostoryz Road to Bonham 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: Johanna Street Johanna Street, from Kostoryz Road to Bonham 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: 04P.071.01 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 concrete, and include eight percent (8%) of construction costs for engineering. In calculating this rate, credit 1.9702 MICROFILMED 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%. 04P.071.01 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. 04P.071.01 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% min. -50% max. 0.50 S.F. *0% min. -50% max. 100% of bid price 100% of bid price 100% of bid price 100% of bid price PROPERTY NOT MEETING CRITERIA FOR SPECIAL RATE a) Curb, Gutter and Pavement b) Sidewalk c) Driveway d) 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 04P.071.01 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 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 construction of improvements described herein is authorized concurrently herewith by contract with Hharbor Hyundai, Incorporated, hereinafter referred to as "developer", which shall be constructed in accordance with plans and specifications reviewed and approved by the City Engineer. That said contract with developer shall also state the amount of the performance and payment bond, each of which shall equal the amount of the contract price, or in lieu of said bonds, other security as may be acceptable to the City, 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 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 said contract with developer, the construction of the work for the type of construction enumerated above and set forth in said plans and specifications shall be done, with the materials and according to plans and methods adopted by said contract. 04P.071.01 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 pard and shal take -ffect upon first reading as an emergency measure this the /7 day of / ] , 19 �% • AT ST: y Secretary — MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY 0,19C7 HAL GEORGE, CITY ATTORNEY By Assistant Cithi orney 04P.071.01 Corpus Christi, Texas /VII day of , 1982 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 Council Members The above ordinance was passed by / ) /- OF /„ / 4 '11k 1 O Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 99.045.01 THE CI Y OF CORPUS CHRISTI, TEXAS the following vote: