HomeMy WebLinkAbout020740 ORD - 08/08/1989AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS:
Gardendale Area, Phase II
Curtis Clark Drive, from Everhart Rd. to So. Staples
St.
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:
Curtis Clark Drive, from Everhart Rd. to So. Staples St.
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:
Gardendale Area, Phase II
Curtis Clark Drive, from Everhart Rd. to So. 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.
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20740 MICROFILMED
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 necessity
for a special rate and a 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
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credit will be given for such improvements which have been in
service in excess of 30 years.
1. Property which sides along the street shall be assessed
at the rate computed above including driveways.
2. Property backing onto the street 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.
5. 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 the street
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.
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Property backing on the street 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 assessmentrate 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 -1B, or R-2 as
described herein
a) Curb, gutter
and pavement $9.75 L.F.
b) Sidewalk 1.00 S.F.
c) Driveway 100%/bid price
d) Header Curb 100%/bid price
$4.88 L.F.
0.50 S.F.
100%/bid price
100%/bid price
*0% min. -50% max.
*0% min. -50% max.
100%/bid price
100%/bid price
PROPERTY NOT MEETING CRITERIA FOR SPECIAL RATE
a) Curb, Gutter
and Pavement $19.50 L.F.
b) Sidewalk 1.00 S.F.
c) Driveway 100%/bid price
d) Header Curb 100%/bid price
*except as provided elsewhere
$19.50
1.00
100%/bid
100% bid
L.F.
S.F.
price
price
in this ordinance
*$19.50 L.F.
1.00 S.F.
100%/bid price
100%/ 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
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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.
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.
That the City Engineer shall 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 the 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
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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 Deed 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 / day of
19
ATTEST:
City Secretary
APPROVED:
DAY OF
HAL GEORGE, CITY ATTORNEY
By
•a.L�-t -t-c� �-ti"LG L�---
MAYOR
THE CITY OF CORPUS CHRISTI
, 19
Assistant City Attorney
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Corpus Christi, Texas
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,
99.045.01
Council Members
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance ,;as passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
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