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HomeMy WebLinkAbout021864 ORD - 02/08/1994AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: Annaville Area Street Improvements No. 3, Phase I Mayfield Drive - Violet Road to Starlite 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: Annaville Area Street Improvements No. 3 Phase I Mayfield Drive - Violet Road to Starlite 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 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: Annaville Area Street Improvements No. 3, Phase I Mayfield Drive - Violet Road to Starlite Lane; 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 \AG5000.474. skp 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. 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 \AG5000.474. skp 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 g day of 4( , 19 Ly ATTEST: City Secretary MAYOR THE CITY APPROVED: A DAY OF ,l,l:Li-La , 19c7et JAMES R. BRAY JR., CITY ATTORNEY J Assistant City Attorne \AG5000.474. skp CORPUS CHRISTI Corpus Christi, Texas 8 day of re brtA(,i, , 19 44 -- 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 C OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\045 T aQ 186 THE STATE OF TEXAS § COUNTY OF NUECES § DOC* 895890 NOTICE KNOW ALL MEN BY THESE PRESENTS: That the City of Corpus Christi, gacting and constituted City Council, on the V day by Ordinance No. ei8(e1 determined the by and through its duly elected of Xe , yy 19� , necessity f and ordered the improvement of a portion of the following streets: Annaville Area Street Improvements No. 3, Phase I Mayfield Drive - Violet Road to Starlite Lane 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. Estimated amount per front foot proposed to be assessed against owner: Item 6" Curb, Gutter & Pavement 28'-0" B -B Sidewalk - 4' Conc. S/W Driveways Adiusted Bid Price Plus Assessments Engineering Costs Rates $23.61 $ 1.56 $ 4.21 Residential, Church & School Property 6" Curb, Gutter & Pavement Sidewalk (4') Driveways L.F. S.F. S.F. $19.50 L.F. $ 1.00 S.F. $ 4.21 S.F. $ 9.75 L.F. $ 1.00 S.F. $ 4.21 S.F. Cost 'h Street (C & G, Pavement & Sidewalk) 28' B -B $44.51 L.F. Construction Cost Preliminary Assessments City Portion $368,286.30 99,108.47 $268,177.83 That Or finance No. on/ n,5 , passed by the City Council on the g day of ,�(E;e , 19.9c/ , provided that the amounts payable by the real and true own s 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 chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements; or, AG5000. 481 1 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 Secretar , and the official seal of the City to be hereto affixed this the I day of 1994/ . THE STATE OF TEXAS § COUNTY OF NUECES § 4:1-4:74 OF CORPUS CHRISTI By Armando Chapa, City Secret(dry 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 199y y 470 gz77 �c_ -T qg 0/ AG5000.481 day of y./,4yl601,J No ary Public, ate of Texas SAUNDRA K KOENNING Notary Puble STATE OF TEXAS My Comm. Eery, April 21, Me FILED FOR iECOID DOC# 895890 $9 02-09-1994 04:38:27 ERNEST M. BRIONES NUECES COUtTy y provision herein which restricts the Salt, Rectal or so et the described REAL PROPERTY because bl Rear, Colo STATE OFTEXAS ReWLSTSRmrdiap.iampMASteluswNSnalOri in, COUNTY OF NUECES IntsW end mtenkreable under FEDERAL LAW, 3/181 I hereby cetity matthis insbumendrnsFlLEDMFdeNumbe Sequence en Ste date and at the time stamped herein by me, aM was duly RECORDED. in the ONicial Public Records of Nueces County, Texas en FEB. 91194 ' I�CCJ�AI.J° COUNTY CLERK NUECES COUNTY, TEXAS 2