HomeMy WebLinkAbout021691 ORD - 06/22/1993AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS:
Wynn Seale Area Street Improvements, Phase II
16th Street - Ayers Street to Cole Street
17th Street - Ayers Street to Cole Street
18th Street - Ayers Street to Cole Street
Cole Street - 18th Street to 15th 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:
Wynn Seale Area Street Improvements, Phase II
16th Street - Ayers Street to Cole Street
17th Street - Ayers Street to Cole Street
18th Street - Ayers Street to Cole Street
Cole Street - 18th Street to 15th Street;
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:
021691 MICROFILM F I
AG5000.373. a
Wynn Seale Area Street Improvements, Phase II
16th Street - Ayers Street to Cole Street
17th Street - Ayers Street to Cole Street
18th Street - Ayers Street to Cole Street
Cole Street - 18th Street to 15th Street;
SECTION 2. That the cost of said improvements shall be
assessed against property and paid for as set out in Section 49-21
of the Corpus Christi Code of Ordinances.
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 which shall be determined
to be levied against the owners of abutting property and their
property shall be levied by assessment as provided therein, and
said improvements may further be secured by 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.
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 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 specifications 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 Article
1105b of Vernon's Texas Civil Statutes, as an alternative method
for the construction of street improvements in the City of Corpus
Christi, Texas, which method has been adopted by the said City.
AG5000.373.ajr
2
SECTION 4. That after approval by the City Council of
plans and specifications, bids shall be taken for the construction
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 for immediate action necessary for the
efficient and effective administration of City affairs, such
finding of an emergency is made and declared requiring suspension
of the Charter rule as to consideration and voting upon ordinances
at two regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the
as day of /Av , 19 /Z .
ATTE THE CITY OF CORPUS CHRISTI
Armando Chapa, City SecrLtary
MAYOR, RY •DES
APPROVED: 7 DAY OF Ks.LA , 1993
JAMES R. BRAY JR., CITY ATTORNEY
Alison Gallaway
Assistant City Attorney
AG5000.373.ajr 3
Corpus Christi, Texas
2 Z day of
iikvue
19 Gt�
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 two 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 ORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes /}�,t�
Jack Best ,
Melody Cooper,
Cezar Galindo 1,
Betty Jean Longoria 6"1C
Edward A. Martin r
Dr. David McNichols ay.
David Noyola
Clif Moss
\forme\065
THE STATE OF TEXAS 5
COUNTY OF NUECES
5
DOC# 861447
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 022 day of, 1993 ,
by Ordinance No. 02/69/ determined the nece sity for and ordered the
improvement of a portion of the following streets:
Wynn Seale Area Street Improvements, Phase II
16th Street - Ayers Street to Cole Street
17th Street - Ayers Street to Cole Street
18th Street - Ayers Street to Cole Street
Cole Street - 18th Street to 15th 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.
Item
Estimated amount per front foot proposed to be assessed against owner:
Adiusted
Bid Price Plus
Engineering Costs
Curb, Gutter & Pavement
28'-0" B -B $21.25 L.F.
40'-0" B -B $38.07 L.F.
Sidewalk - 4' Conc. $ 1.81.S.F.
- 5' Tied Conc. $ 2.23 S.F.
Driveways $ 2.97 S.F.
Residential, Church & School Property
Assessments
Rates
$19.50 L.F.
$19.50 L.F.
$ 1.00 S.F.
$ 2.97 S.F.
6" Curb, Gutter & Pavement $ 9.75 L.F.
Sidewalk (4' and 5' Tied) $ 1.00 S.F.
Driveways $ 2.97 S.F.
Cost lk Street (C & G, Pavement & Sidewalk) 28' B -B $45.32 L.F.
40' B -B $65.54 L.F.
Total Bid Price
Preliminary Assessments
City Portion
$645,660.00
127,025.91
$518,634.09
That Ordinance No. Q W6 9/ , passed by the City Council on the a Z
day of 'MOW/ , 19 fl , provided that the amounts payable by the
real and tcpue owners of said abutting property shall be paid and become payable
in one of the following methods at the option of the property owner:
AG5000.375 1
1. 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; 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. 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 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 aa day of , 1993 .
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS 2HRSSTI
By
Armando Chapa, City Secrsttary
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 HAND AND SEAL this the a3 day of
1993 .
ci
5%7
(Th, C
c\ �� l
ceTy' ')?LiCt
Any prevision herein which restricts the Sale, Rental er net
et the described REAL PROPERTY because of Race, Color,
Radtke, Sax, Handicap Familial Statusor National Origin, is
invefid and metre embk under FEDERAL LAW, 3/12/89.
AG5000.375
T r
----Notary Public,
J
State o Texas l/
FILED FOR REC0RD
DOC* 861447 $8
06-23-1993 02:30:00
ERNEST M. BRIONES
NUECES COUNTY
STATE Of !EAS
COUHiY Or hh,ECES
i her Eby cardty that lt,is instrument was FILED in File Number
Seo ,t r _x on the :late and at the time stamped herein by me. and
'Hy FttCO!tED, in Sic Ch!;1 Public Records ol
Neects Cu i t , Teas en
JUN 7 3 1993
COUNTY CLERK
NUECES COUNTY, TEXAS
2