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HomeMy WebLinkAbout12013 ORD - 04/24/1974JRR:oc:4 /23/74 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 STREETS, BY THE CONSTRUCTION OF SIDEWALKS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: HORNE ROAD FROM NAPLES TO RAMSEY, AS ABUTS LOT 1, BLOCK 12, ARCADIA VILLAGE AND LOT 3, MODERN HOME ANNEX; AND RAMSEY STREET FROM HORNE ROAD TO HOUSTON STREET, AS ABUTS LOT 3, MODERN HOME ANNEX; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE VAID AND ASSESSED AGAINST 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, MAY 22, 1974, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines: (a) That the City Council has heretofore, by ordinance, ordered the construction of sidewalks on the hereinafter named i streets in the City of Corpus Christi, Texas, within the limits defined: Horne Road from Naples to Ramsey, as abuts Lot 1, Block 12, Arcadia Village and Lot 3, Modern Home Annex; and Ramsey Street from Horne Road to Houston Street, as abuts Lot 3, Modern Home Annex; and in the manner and according to the plans and specifications therefore, which said plans and specifications have been approved and adopted by the City Council. (b) That a Notice duly enacted in the name of the City of Corpus Christi, Texas, of the enactment of the said above described ordinance, has heretofore been filed with the County Clerk of Nueces County, Texas, the County in which the 12013 JRR:oc:4 /23/74/lst City of Corpus Christi is situated, and such Notice has been duly recorded in the Deed of Trust Records of Nueces County, Texas. (c) That the City Council of the City of Corpus Christi, Texas, has caused the Director of Engineering and Physical Development to prepare and file estimates of the costs of such improvements, and estimates of the amount per front foot to be assessed against the property abutting said sidewalks; and the Director of Engineering and Physical Development has heretofore filed said estimates and a statement of other matters relating thereto with said City Council, and the same having been received, examined and approved by said City Council; and that in accordance with said statement of the estimate so filed by the Director of Engineering and Physical Development and herein approved, the amount of said estimated costs are herein approved, and the amount of said estimated costs are hereinafter stated and set out and a schedule contained in Section 2 hereof. SECTION 2. The written statement and report of the Director of Engineering and Physical Development heretofore filed with the City Council, showing the estimated total costs of the construction of said sidewalks, showing the amount per front foot proposed to be assessed against the abutting property and against the real and true owners thereof for said improvements, showing total estimated cost of the construction of said side- walks proposed to be assessed against and paid to the City of Corpus Christi by the abutting property and the real and true owners thereof to reimburse the said City for a portion of the costs of said improvements and showing the total estimated cost of said improvements, having been received and examined by the City Council said report and the estimates therein shown are hereby in all things approved and adopted; and it is hereby found and determined by the said City Council that the estimated costs of said improvements as above described on said streets are as follows, to -wit: - 2 - PRELIMINARY ASSESSMENT ROLL SIDEWALK IMPROVEMENTS ALONG HORNE ROAD FROM NAPLES TO RAMSEY AND ALONG TO HOUSTON STREET This project is a continuation to the sidewalks on Horne Road Project along Horne Road to Ramsey and along Ramsey to Houston Street, and is to be constructed by change order to the Horne Road Project. The sidewalk is to be constructed 4' wide 4" thick standard reinforced. The assessment rates have been determined in accordance with the City's policy for using the low bid submitted by Asphalt Paving and Construction Company on item #1, but item #2 is assessed 100 %, as this property did not construct sidewalk as a platting obligation. The assessment rates are as follows: Sidewalk (assessment rate) 0.75 /S.F. Sidewalk (1007 cost) 0.88 /S.F. Total Contract Price (by change order) $2,820.85 Preliminary Assessment 2,600.22 City's Portion $ 220.63 /Z_ ames K. Lontos Director Engineering & Physical Development 4/24/74 ajr • SIDEWALK IMPROVEMENTS FROM NAPLES STREET TO RAMSEY ONTO HOUSTON STREET ON TWO PROPERTIES DESCRIBED. Page ITEM NO. OWMM AND PROPERTY DESCRIMON QUANTITY ASSESSED P I DES6aP'EZON OF ASST RATE AMMM TOTAL AMOUNT' ASSES= BEGINN G AT NAPLES S NORTH SIDE 1 Ray B. Sands * .441.28SF/ Sidewalk .38 167.69 Lot 1 Block 12 Arcadia Village *Property Eides. on street 167.69 601 Chase being iMpnoved 2 Diomede Grissino.& Joyce Helene Grissino Lot 3 Modern Home Anises 2,764.24SF Sidewalk .88 2,432.53 '2;432:53 HOUSTON Er. INTERSECTIO EbD OF PROJECT Total Contract Price $2,820.85 Preliminary Assessments 2,600.22 City's Portion $ 220.63 • JRR:oc:4 /23/74/lst • 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 thereof, 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 3. That a hearing shall be given to said owners of abutting 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 Chambers of the City Hall in the City of Corpus Christi, Nueces County, on the 22nd day of May, 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 shall 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 and 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 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 said City. Said notice shall be by advertisement inserted at leastthree times in a newspaper published in the City of Corpus Christi, Texas, the - 3 - 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. THE CITY SECRETARY IS HEREBY FURTHER DIRECTED TO GIVE ADDITIONAL WRITTEN NOTICE OF THE HEARING BY DEPOSITING IN THE UNITED STATES MAIL, AT LEAST FOURTEEN (14) DAYS BEFORE THE DATE OF THE HEARINGS 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 STREETS PORTION OR PORTIONS THEREOF TO BE IMPROVED, SUCH ADDITIONAL NOTICE SHALL BE ¢IVEN 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 THD ADDRESS SO SHOWN ORS IF THE NAME OF SUCH RESPECTIVE RAILWAYS DO 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, HIGHWAYSj STREETS OR PORTIONS THEREOF TO BE IMPROVED, STATE THE ESTIMATED AMOUNT OR AMOUNTS PER FRONT FOOT PROPOSED TO BE 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 C05T OF THE IMPROVEMENTS ON EACH SUCH HIGHWAY, OR STREETS PORTION OR PORTIONS THEREOF ANDS IF THE IMPROVEMENTS ARE TO BE CONSTRUCTED IN ANY PART OF THE AREA BETWEEN AND - 4 - • �y� 011 / UNDER RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS, AND SWITCHES, AND TWO (2) FEET ON EACH SIDE THEREOF OF ANY RAILWAY, STREET RAILWAY OR INTERURBAN, SHALL ALSO STATE THE AMOUNT PROPOSED TO BE ASSESSED THEREFOR, AND SHALL STATE TIIE TIME AND PLACE AT WHICH HEARING SHALL BE HELD, PROVIDED, HOWEVER, THAT ANY FAILURE OF THE PROPERTY OWNERS TO RECEIVE SAID NOTICE, SHALL NOT INVALIDATE THESE PROCEEDINGS. SECTION 4. 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 PUBLIC 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 ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 15 ACCORDINGLY SO ORDAINED,* THIS THE DAY OF ATTEST-. r / � CITY SECR ARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF CITY ATTORNEY C Corpus Christi, Texas • T day of 19 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 James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby Jsmes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark