HomeMy WebLinkAbout020566 ORD - 01/17/1989AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS:
Del Mar College Area Streets
1. Edwards Street, from Ayers Street to Naples
Street, and
2. Naples Street, from Edwards Street to Kosar
Street.
REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND
FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO
FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY,
TEXAS AS TO THE ACTION HEREIN: PROVIDING HOW SUCH IMPROVEMENTS
SHALL BE PAID: 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:
Del Mar College Area Streets
1. Edwards Street, from Ayers Street to Naples
Street, and
2. Naples Street, from Edwards Street to Kosar
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
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(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
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 is
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 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-lA or R-16 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 depth, the
assessment rate shall be the same as if the property were fronting the
street.
Assessment rates per this ordinance are summarized in the
following table:
SUMMARY OF ASSESSMENT RATES
Maximum Maximum Maximum
Fronting Rate Siding Rate Backing Rate
PROPERTY PLATTED AND USED FOR R -1A, R-16, 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
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.
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 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, i f , 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
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 at three regular meetings so
that this ordinance is passed and shall take effect upon first reading as
an emergency measure this the 1'7 day of C..,flLf , 19.
ATTEST:
City Secretary MAY
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: g7 DAY OF t..C,_.
HAL GEORGE, CITY ATTORNEY
t
, 19 ?
Assistant City Attorney
Corpus Christi, Texas
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,
99.045.01
Council Members
Respectfully,
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner 0-11_,
David Berlanga, Sr. abl,
Leo Guerrero atp
C1 i f Moss [,ii/i-3
Bill Pruet
Mary Rhodes a,./(1('>
Frank.Schwing, Jr. U64_>
Mary Pat S 1 a v i k kti)
Linda Strong 0-11,/
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