The URL can be used to link to this page

Home My WebLink About021857 ORD - 01/18/1994AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: McKinzie Road from Haven Drive to McKinzie Lane 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: McKinzie Road from Haven Drive to McKinzie Lane 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 Texas Department of Transportation to their standard specifications, including installing sidewalks at the City's request: McKinzie Road from Haven Drive to McKinzie Lane Collectively called "Street" herein. 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. SECTION 3. That any property owner against whom and against whose property and 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 signing the 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, AG5000.462.skp and one installment each month thereafter until paid, together with the 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 which 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 and second 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. SECTION 4. The City Engineer is directed to coordinate the preparation of plans and specifications with the Texas Department of Transportation, in accordance with their standard specifications. SECTION 5. That the City Council, in initiating this proceeding, is acting under the terms and provisions of 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 6. 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 AG5000.462.skp 2 THE STATE OF TEXAS COUNTY OF NUECES § NOTICE FILED FOR RECORD DOC* 892434 $11 KNOW ALL MEN 01-19-1994 08:39:33 Emmumi $ANTS: NUECES COUNTY That the City of Corpus Christi, acting by and through its duly elected and constituted City Council, on the /g day of, 19 95/ , by Ordinance No. 0,2/Rs7 fined t deter necessity for and ordered the improvement of the following streets: McKinzie Road from Haven Drive to McKinzie Lane within the City of Corpus Christi, Nueces County, Texas, and a lien assessed against each property owner abutting each street, or portion thereof improved. There will be a 4' wide or wider reinforced concrete sidewalk, 4" thick and 6" thick reinforced concrete driveway aprons constructed as shown on the plans. The assessment rates have been calculated in accordance with the City's current assessment policy. The assessment rates are as follows: Bid Price Plus Assessment Item Engineering Costs Rates Sidewalk $1.75 S.F. $1.00 S.F. Driveways $3.40 S.F. 3.40 S.F. Residential, Church & School Property Sidewalk $1.00 S.F. Driveways $3.40 S.F. Total Bid Price $3,304,985.40 Preliminary Assessments 60,762.99* City Costs 1,171 616.57* State Portion $2,072,605.84 *Represents total amount escrowed to Texas Department of Transportation - $1,232,379.56 That Ordinance of No. poll S8 , passed by the City Council of the day alto- 199e/ provided that the amounts pays e by treal and true owners of said abutting property shall be paid and become payable in one of the following methods at the option of the property owner: 1. Any property owner against whom and against whose property an assessment has been levied may pay the whole assessment AG5000.464. skp 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, Notice to be filed official seal of the of THE STATE OF TEXAS § COUNTY OF NUECES § the City of Corpus Christi has caused this by Armando Chapa, City Secretary, and the City to be hereto affixed this the /8" day , 19 q' CITY OF CORPUS CHRISTI By Armando Chapa, City S✓cretary 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 jet day of ,199y AG5000.464. skp ary Public, State tale effect upon first reading as an emergency measure this the 1day of yolk k0-0-1 , 19 ATTEST: ando Chapa, City(tecretary THE CITY OF CORPUS CHRISTI APPROVED: ID DAY OF�,, 1994 JAMES R. BRAY JR., CITTY ATTORNEY ByA Alison Gal away Assist nt City Attorney AG5000.462.skp 3 Corpus Christi, Texas day of SCA %�vV1 , 19 11-1 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 CIT F CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes 11ve cn� Dr. Jack Best Melody Cooper Qr Cezar Galindo 0 ly Betty Jean Longoria �//C��1-I Edward A. Martin (,1_. - Dr. David McNichols David Noyola Ctkrz-ilk Clif Moss \forme\065 021857