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Home My WebLink About11927 ORD - 02/27/1974MLM:e:2/27/74 • 1st AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Nueces Bay Boulevard, from Interstate Highway 37 to Leopard Street; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST THE ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, MARCH 27, 1974 AT 3:00 P.M. IN THE CITY COUNCIL CHAMBER AT CITY HALL, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, heretofore on the 27th day of F bruary, 1974, the City Council by enactment of Ordinance No. 1192 determined that it was necessary to improve the following street by paving: and 1. Nueces Bay Boulevard, from Interstate Highway 37 to Leopard Street; WHEREAS, by the terms of said ordinance, specifications were ordered to be made by the Director of Engineering & Physical Development, for the improvement of the aforesaid streets, within the limits defined, as provided by said ordinance; and WHEREAS, the said specifications have been prepared and are now submitted to the City Council for approval and adoption; and WHEREAS, the City Council of the City of Corpus Christi is of the opinion that it is necessary to levy an assessment against the property and the owners4hereof abutting upon the aforesaid streets, within the limits defined, and against street and railway companies whose tracks occupy said street, if any, for a part of the cost of improving said street, fixing a time for the hearing of the owners of said property, and the said railway companies, concerning the same, and directing the City Secretary to give notice of said hearing, as required by law; and WHEREAS, the City Council has heretofore, by ordinance, ordered the improvements of the street and portions enumerated above. Any existing 11927 curbs, gutters in place, meeting the specifications set by the City Council, or which can be utilized, shall be left in place, if any, and corresponding credits to the property owners shall be allowed on the assessments; and WHEREAS, the Director of Engineering and Physical Development of the City o£ Corpus Christi has, in accordance with the law, filed his report with the City Council, setting forth the participation by the railway companies and street railway companies, if any, and the property owners, in the cost thereof, together with the names of the owners and the description of said property, aid the work to be done adjacent thereto, and the amount to be assessed against each lot or parcel and its owner and all other matters required by the applicable law: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the specifications so presented to the City Council of the City of Corpus Christi by the Director of Engineering and Physical Development and prepared by him for the improvements of the aforesaid streets, within the limits set forth, having been carefully considered by the City Council, be, and the same are hereby, approved and adopted as the specifications for the improvement of said streets hereinabove enumerated, within the limits defined. SECTION 2. That the City Secretary be, and he is hereby, instructed to advertise for sealed bids for the construction of the improvements called for by this ordinance, such advertisement for bids to be published in the Corpus Christi Times, the official publication of the City of Corpus Christi, which is a newspaper of general circulation in the City of Corpus Christi. The advertisement shell be published at least once in each week for two (2) consecutive weeks. All bids shall be received subject to the terms and provisions of the Charter of the City, of Corpus Christi, and shall be filed with the City Secretary on the date and hours specified and shall be opened and read in the presence of the City Council in a public meeting of the said City Council. SECTION 3. The City Council, in initiating this proceeding, is acting under the terms and provisions of the Act passed at the First -2- Ce3]ed Session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the Acts of the said Session, together with any amendments thereto, no-,r shown as Article 1105b of Veraon!s Texas Civil Statutes, as an alternative method for the construction of street improve- ments in the City of Corpus Christi, Texas. SECTION 4. That the report or statement filed by the Director of Engineering and Physical Development having been duly examined is hereby approved. SECTION 5. That there is hereby found and determined that the. cost of improvements on the hereinafter described streets with the amount or emouats per front foot proposed to be assessed for such improvements against abutting property and the owners thereof, and against street and railway companies whose tracks occupy said streets, if any, are as follows, to -wit: -3- FRELIBUNARY ASSESSMENT ROLL Nueces Bay Boulevard, from Interstate 37 frontage road to the north R.O.W. line of Leopard Street. The construction of the street will consist of the excavation to a width and depth to permit the construction of standard curb and gutter section, a compacted 6" lime stabilized subgrade, an 8" lime stabilized caliche base to a width of 45' back to back of curb transitioning into a width of 55' back to back of curb at the intersection of I.H. 37 and Leopard Street to permit a right turn lane. Also to be constructed are concrete sidewalks varying in width from 4' to 6' tied r to back of curb 4" thick and 6" thick reinforced concrete driveways where shown on the plans or requested by the owners. The assessment rates have been determined in accordance with the City policy and by using the low bid submitted by Asphalt Paving and Construction Company, and applying the rate to the front footage of the abutting property. The assessment rates as applied are as follows; 45' wide street, curb, gutter and pavement $12.84 P.L.F. Sidewalk 0.81 P.S.F. Driveway 1.49 P.S.F. Credit has been given for all sidewalk, driveway and curb and gutter in place and meeting City standards. Y,aximum assessment rate for property committed to one and two family residential use or church or school as established by City Ordinance for curb, gutter and pavement is $4.75 P.L.F. or less according to bid price. TOTAL CONTRACT PRICE $89,243.95 TOTAL PRELINIINARY ASSESSMENTS $32,476.13 G TOTAL CITY PORTION 6 767.82 �A ✓ James K. Lontos "7 ' Director Engineing & �;' ` Physical Development Nueces Bay Blvd. From I.H. 37 to Leopard Page Beg�,.aing approx. 25' N/E of the a S. S. G__ner.of Lot 166 Baymoor Addition ITEM 110. OW= AND PROPERTY DESCR=ION QUANTITY ASSESSED DESC=IOX OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED West 'ide 1. Heriberto F. Garza S 25.00 L.F. C, G, Pvmt. 2.38 59.50 Lot 166 Baymoor Addn. E 16.00 L.F. C, G, Pvmt. 4.75 76.00 3110 Huisache Street 144.00 S.F. Sidewalk 0.41 .59.04 194.54 uisache St. ntersection 2. C.R. Lehman S 131.50 L.F. C, G, Pvmt. 2.38 312.97 Lot 100 F 12.00 L.E. C, G, Pvmt. 4.75 57.00 Baymoor Adda. 526.00 S.F. Sidewalk 0.41 215.66 3101 Ruisache -0- S.F. Driveway. -0- -0- 585.63 3. C.W. Bertsch S 131.50 L.F. C, G, Pvmt. 2.38 312.97 Lot 99 F 12.00 L.F. C, G, Pvmt. 4.75 57.00 Baymoor Addn. 526.00 S.F. Sidewalk 0.41 215.66 585.63 3102 Magnolia -0- S.F. Driveway Magnolia St. ntersection 4. Jessie Torres Garza S 131.50 L.F. C, G, Pvmt. 2.38 312.95 Lot 33 Baymoor Addn. F 12.00 L.F. C, G, Pvmt. 4.75 57.00 3101 Magnolia 478.00 S.F. Sidewalk 0.41 195.98 197.02 S.F. Driveway 12' 1.49 293.56 859.49 5. Mamie E. Stafford 137.50 L.F. C, G, Pvmt. 12.84 1765.50 Lot 32 Baymoor Addn. 3102 Buddy Laurence Drive 526.00 S.F. Sidewalk 0.81 426.o6 - 0 - S.F. Driveway. -0- -0- 2191.56 6. U.S. Postal Service * - 0 - C, G, Pvmt. -0- -0- Lot 2, 1 -R & 3 Block 1 * - 0 - Sidewalk -0- -0- - 0 - Driveway -0- -0- -0- Driscoll Village ¢2 *Credit exis Imp. 7. Kroger Family Center 381.73 L.F. C, G, Pvmt. 12.84 4901.41 Lot 4 Block 1 1 202.92 S.F. Sidewalk 0.81 974.37 Driscoll Village C2 781.08 S.F. Driveway 2 -35' 1.49 1163.81 7039.59 /o Robert D. McKee Post Office Box 42045 Houston, TX 77042 Leopard Street Intersection End Wesi Side Page ITEM 110. OWNER AND PROPERTY DESCRIPTION QUANTPS'Y ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED Nueces Bay B vd.,.from 1.1. 37 Access Road to Leopard Street Beginning at Lot 9 For ast Park Unit 2 8. ircle R. Coporation 209.22 LF C, G, Pvmt. 12.84 2686.38 ots 9 -10 & 11 *- 0 - Sidewalk -0- -U- orrest Park Unit 2 1,172.54 SF Driveway 2 -35' 1.49 1747.08 4433.46 ..Winston J. Stevens, Tr. 638 Maryland Avenue hoenix, Ar. 85016 9. eorge Byrd 141.48 IF C, G, Pvmt. 12.84 1816.60 of 1 Block 2 * -0- SF Sidewalk -0- -0- arthlome Addition 486.02 SF Driveway 22' 1.49 724.17 2540.77 142 Fisher C.C. 10. aestside Automotive of C.C. 295.79 IF C, G, Pvmt. 12.84 3797.94 ots 1, 3, 4 & 5 * - 0 - Sidewalk 1 -16' -0- -0- lock 1 Barthlome Addn. 664.52 SF Driveway 1 -13' 1.49 990.13 4788.07 2 R.O.W. of Rose Street losed Buddy Lawr nce Dr. Int. 11. St. John's Lutheran Church 62.76 IF C,G, Pvmt. 4.75 298.11 Lot 5 Block 4 * - 0 -SF Sidewalk -0- -0- Barthlome Adda. & Lily - 0 -SF Driveway -0- -0- 298.11 Street (Closed) 12. Pearl Fischer 285.44 LF C, G. Pvmt. 12.84 3665.05 Lots 1 & 2 Block 4 * - 0 -SF Sidewalk -0- -0- Barthlome Addn. & 2 Lily 547.52 SF Driveway 25' 1.49 815.80 4480.85 Street (Closed) Antelope St. Intersection 13. Dairy Queen Store #11 174.69 IF C, G, Pvmt. 12.84 2243.02 Lots 3, 4 & 5 Block 6 * - 0 -SF Sidewalk -0- -0- Barthlome Addition * - 0 -SF Driveway -0- -0- 2243.02 AVTC 835 Petroleum Tower C.C. 14. Edgar M. Linkerhoger 87.36 IF C, G, Pvmt. 12.84 1121.70 Lot 6 & Pt. Lot 7 Blk 6 209.44 SF Sidewalk 0.81 168.65 Barthlome Addition 633.60 SF Driveway 35' 1.49 944.06 2235.41 P. 0. Box 151 C.C. Leopard Str et Intersectio Total ontract Price $ 89,243.95 End East Side Total Preliminary Assmts.$ 32,476.1311 End Nueces Bay Blvd. Total ( ity Cost All assessments, however, are to be made and levied by the City Council as it may deem just and equitable, having in view the special benefits in enhanced value to be received by such parcels of property and owners there- of, the equities of such owners, and the adjustment of the apportionment of the cost of improvements so as to produce a substantial equality of benefits received and burdens imposed. SECTION 6. That a hearing shall be given to said owners of abut- ting property, and of railways and of street railways, if any, or their agents or attorneys, and all persons interested in said matter, as to the amount to be assessed against each owner and his abutting property and railways and street railways, and as to the benefits to said property by reason of said improvement, or any other matter. or thing in connection therewith, which hearing shall be held in the Council Chamber at City Hall in the City of Corpus Christi, County of Nueces, on the 27th day of March, 1974 at 3:00 o'clock P.M., at which time all the said owners, their agents or attorneys or other interested persons are notified to appear and be heard, and at said hearing said owners and other persons may appear, by counsel or in person, and may offer evidence, and said hearing shell be adjourned from day to day until fully accomplished. The City Secretary of the City of Corpus Christi is hereby directed to give notice of the time and place of such hearing end of other matters and facts in accordance with the terms and provisions of the Act passed at 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 amend- ments thereto, now shorn as Article 1105b of Vermon's Texas Civil Statutes, which said law, as an alternative method for the construction of street i= provements in the City of Corpus Christi, Texas, has been adopted by said City. Said notice shall be by advertisement inserted at least three times in a newspaper published in the City of Corpus Christi, Texas, the first publication to be made at least twenty -one (21) days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of the said Act. -4- • THE CITY SECRETARY IS HEREBY FURTHER DIRECTED TO GIVE ADDITIONAL 1:' ITTEnI NOTICE OF THE HEARING BY DEPOSITING IN THE UNITED STATES MAIL, AT LEAST FOURTEEN (14) DAYS BEFORE THE DATE OF THE HEARING, WRITTEN NOTICE OF SUCH HEARING, POSTAGE PREPAID, IN AN ENVELOPE ADDRESSED TO THE OWNERS OF THE RESPECTIVE PROPERTIES ABUTTING SUCH STREETS, HIGHWAYS OR PORTIONS OF STREETS OR HIGHWAYS TO BE IMPROVED, AS THE NAMES OF SUCH OWNERS ARE SHOWN ON THE THEN CURRENT RENDERED TAX ROLLS OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AT THE ADDRESSES SO SHOWN, OR IF THE NAMES OF SUCH RESPECTIVE OWNERS DO NOT APPEAR ON SUCH RENDERED TAX ROLLS, THEN ADDRESSED TO SUCH OWNERS AS THEIR NAMES ARE SHOWN ON THE UNRENDERED TAX ROLLS OF SAID CITY AT THE ADDRESSES SHOWN THEREON; AND WHEN A SPECIAL TAX IS PROPOSED TO BE LEVIED AGAINST ANY RAILWAY OR STREET - RAILWAY USING, OCCUPYING OR CROSSING ANY HIGHWAY OR STREET, PORTION OR PORTIONS THEREOF TO BE IMPROVED, SUCH ADDITIONAL NOTICE SHALL BE GIVEN BY DEPOSITING IN THE UNITED STATES MAIL, AT LEAST FOURTEEN (14) DAYS BEFORE DATE OF THE HEARING, A WRITTEN NOTICE OF SUCH HEARING, POSTAGE PREPAID, IN AN ENVELOPE ADDRESSED TO THE SAID RAILWAY OR STREET RAILWAY AS SHOWN ON THE THEN CURRENT RENDERED TAX ROLLS OF SAID CITY, AT THE ADDRESS SO SHOWN, OR, IF THE NAME OF SUCH RESPECTIVE RAILWAYS 00 NOT APPEAR ON SUCH RENDERED TAX ROLLS OF_THE CITY, THEN. ADDRESSED TO SUCH RAILWAYS OR STREET RAILWAYS AS THE NAMES SHOWN ON THE CURRENT UNRENDERED TAX ROLLS OF SAID CITY, AT THE ADDRESSES SHOWN THEREON. SAID NOTICE SHALL DESCRIBE IN GENERAL TERMS THE NATURE OF THE IMPROVEMENTS FOR WHICH ASSESSMENTS ARE PROPOSED TO BE LEVIED, SHALL STATE THE HIGHWAY, HIGHWAYS, STREETS OR PORTIONS THEREOF TO BE IMPROVED, STATE THE ESTIMATED AMOUNT OR AMOUNTS PER FRONT FOOT PROPOSED TO AE ASSESSED AGAINST THE OWNER OR OWNERS OF ABUTTING PROPERTY AND SUCH PROPERTY ON EACH HIGHWAY, OR STREET OR PORTION THEREOF WITH REFERENCE TO WHICH HEARING MENTIONED IN THE NOTICE SHALL BE HELD, AND SHALL STATE, THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS ON EACH SUCH HIGHWAY, OR STREET, PORTION OR PORTIONS THEREOF, AND, IF THE IMPROVEMENTS ARE TO BE CONSTRUCTED IN 'ANY PART OF THE AREA BETWEEN AMD UNDER RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS, AND SWITCHES, AND TWO (2) FEET ON EACH SIDE THEREOF OF ANY RAILWAY, STREET RAILWAY OR INTERURBAN,I i SHALL ALSO STATE THE AMOUNT PROPOSED TO BE ASSESSED THEREFOR, AND SHALL -5- STATE THE TIME AND PLACE AT WHICH HEARING SHALL BE HELD, PROVIDED, HOWEVER, TIIAT ANY FAILURE OF THE PROPERTY OWNERS TO RECEIVE SAID NOTICE, SHALL NOT INVALIDATE THESE PROCEEDINGS. SECTION 7. THAT THE NEED FOR THE ADOPTION OF THE PLANS AND PROCEEDING WITH THE IMPROVEMENTS AS HEREIN PROVIDED, AND THE IMPORTANCE OF PROMPTLY EXAMINING THE REPORT OF THE DIRECTOR OF ENGINEERING SERVICES AND MAKING A DECISION THEREON, CREATES A PUB41C EMERGENCY AND AN IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS OROINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER !TS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1-4z DAY OF February 1974. ATTEST: c ClTf SECRET RY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 97 DAY OF February '1974 . *Ilt(,W z CITY ATTORNEY Corpus Christi, Texas ,Z day of 19-ZX TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby Jam ea T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark p The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez .? , Gabe Lozano, Sr. J. Howard Stark