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HomeMy WebLinkAbout021153 ORD - 05/07/1991AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF AYERS STREET, FROM SANTA FE STREET TO BALDWIN BOULEVARD, AS PART OF THE AYERS STREET IMPROVEMENTS, PHASE II PROJECT; 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 streets within the City of Corpus Christi: Avers Street Improvements, Phase II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Ayers Street, from Santa Fe Street to Baldwin Boulevard SECTION 1. That the following street 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 streets 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: Ayers Street, from Santa Fe Street to Baldwin Boulevard. 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: AG9300.001.kp Ili t) 0211 3 MlckOFfl 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 credit will be given for such improvements which have been in service in excess of 30 years. AG9300.001.kp 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. 5. Increased Costs for head -in parking. a. No assessments be made for 3 feet of the head -in parking approach adjacent to the curb as this area would be considered as valley gutter for drainage purposes. b. If head -in parking approach depths (distance from curb to property line) exceed 8 feet, then 4 -feet of the driveway would be assessed as sidewalk at $1.00/S.F. c. The remainder of the head -in parking approach will be assessed as driveway. 6. 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; b. The property is zoned R -1A or R -1B and contains a maximum of one single-family dwelling; c. The property is zoned R-2 and contains no more than two one -family dwellings or one two-family dwelling; AG9300.001.kp d. The property is owned by and used for church, parish hall, temple, convent or monastery purposes; or 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. Except for the property assessed pursuant to C. Assessment Policy - General, paragraph 5 above, 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 -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 AG9300.001.kp $4.88 L.F. 0.50 S.F. 100%/bid price 100%/bid price *0% min. -50% max. *0% min. -50$ 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 $19.50 L.F. 1.00 S.F. 100%/bid price 100% bid price *$19.50 L.F. 1.00 S.F. 100%/bid price 100%/bid price *except as provided elsewhere in this ordinance **except for the property assessed pursuant to C. Assessment Policy - General, paragraph 5. 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. 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 is directed to coordinate the preparation of plans and specifications and file same with the City Council for the hereinabove described improvements. That in the AG9300.001.kp 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 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 AG9300.001.kp consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall a effect upoqt 'rst readin9,i s an emergency measure this the day of , 19 City Secretary. APPROVED: cR DAY OF CYia JAMES R. BRAY JR., CITY ATTORNEY By y4 LWV7L aF ait) Assistant City Attorney AG9300.001.kp MAYOR `f THE CI 19 91 CORPUS CHRISTI Corpus Christi, Texas 1 day of kt/ ,19 (7/ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: ((y /..1t o— Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 7 4/ 021153