HomeMy WebLinkAbout12102 ORD - 06/05/19740 JRR:jkh:6 -4 -74; lst
•
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:
CHICO STREET, FROM THE NORTH RIGHT -OF -WAY LINE OF
HOWARD STREET TO THE SOUTH RIGHT -OF -WAY LINE OF
COMANCHE STREET;
DETERMINING AND FIRING THE PORTION OF SAID COSTS TO
BE PAID 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, JULY 10,
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.
WHEREAS, heretofore, on the 5th day of June, 1974, the City
Council by enactment of Ordinance No. 12101 determined that it was
necessary to improve the following by paving:
and
Chico Street, from the north right -of -way line of
Howard Street to the south right -of -way line of
Comanche Street;
WHEREAS, by the terms of said ordinance, specifications were
ordered to be made by the Director of Engineering and Physical Develop-
ment, for the improvement of the aforesaid street, 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 owners thereof abutting upon the aforesaid street,
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 improvement of the street and portions enumerated above. Any existing
.-21-02
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 of Corpus Christt 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, and 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 Developmentand prepared by him for the improvements of the afore-
said street, within the limits set forth, having been carefully considered
by the City Council, be, and the same is hereby,. approved and adopted as
the specifications for the improvements of said street 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 shall be published at least once in each week for two (2)
consecutive weeks. All bids shall be received subject to the terms and pro-
visions 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-
Called 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, now shown as Article 1105h of Vernon's Texas Civil Statutes, as an
alternative method for the construction of street improvements 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 street with the amount or
amounts 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-
PRELIMTNQRY ASSESSiIENT ROLL
Chico Street Improvements
This street is proposed to be included in the Lsmar School Area Street Improvements
Project now under contract by Heldenfels Brothers by addendum, and is to be constructed
by excavation to a width to permit a 28' back of curb to back of curb pavement, a 4'
wide sidewalk along the east side and driveways where shown on the plans as at the
owner's request;
Chico Street, from the N. R. 0. W. line of Howard Street to the S. R. 0. W.
line of Comanche Street
The assessments have been prepared by using the unit prices in the low bid and applying
those prices to the front footage of the abutting property owner.
The assessment rates are as follows:
Curb, gutter and pavement
Sidewalk $6.27 p.l.f.
Driveways $ •72 p•s.f.
$1.38 p.s.f.
TOTAL COST OF PROJECT $9,200.00
TOTAL PRFLU41 RY ASSESSMENTS 3,011.06
NET CITY COST ,
James K. Lontos, .E.
Director Engineering &
Physical Development
C l O Sq- 1, FRO' M P
1D OLHFao 1
r OWDM AND
170_ PROPF -RCY DESCRIPTIO.1
Chico Street, fr
315 Augustine Sanchez
Lot 206, Blk. 1
Lo— Alta Addition
2354 Howard Street
316 Acme Ref. Co.
Lot 25, Bkk l
Loma. Alta Addition
3111 Polk
Houston, Texss 77003
317
Chico Street,
Tex -wax -Railroad
R.O.W. from S.R.o- . =ne
Of from Ho-. --xd Street
to S.R.O.W. line Ccrnche
Street
OUSYITITY DESCRLaTI03 TOTAL
ASSESSED OF P.ELE AP.ONRIT AMOUNT
ASSESSMENT ASSESSED,
Howard Stre
t to Comanche
at Howard St
eet
East
S de.
101.50 L.F.
C,G, & Pvmt.
-0- S.F.
Sidewalk
48.75 S.F.
Driveway
108.50 L.F.
.C, G & Pvmt.
-0 -- S.F.
Sidewalk
-0- S.F.
Driveway
Tnanche St-'
et Intersecti
!d Fast Si
Chico Street
Loa3sd Str
t to Camanehe
t Howa=,-!
+ eet
West
ide
59.50 L.F.
C, G & Pvmt
0- S.F.
Sidewalk
0- S.F.
Driveway
Manche
3 West
end
Chico Street
Street
6.27
.72
1.38
6.27
-72
1.38
$ 636.43
-0-
67.28
703- 5
68o .3C
-0- -0-
T-70.30
6.27 1,627.07
..72 -0-
1.38 1 -0-
( t
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 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 10'"th day of.July., 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
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 FURTIIER DIRECTED TO GIVE ADDITIONAL
WRITTEN NOTICE OF THE HEARING BY DEPOSITING IN THE UNITED STATES MAIL, AT
LEAST FOURTEEN (1Y) DAYS BEFORE THE DATE OF THE HEARING] WRITTEN NOTICE
OF SUCH HEARINGS 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 CR03SINO
ANY HIGHWAY OR STREETS 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 HEARINGS A WRITTEN NOTICE
OF SUCH HEARINGS POSTAGE PREPAID IN AN ENVELOPE ADDRESSED TO THE SAID
RAILWAY OR STREET RAILWAY AS SHOWN ON THE THEN CURRENT RENDERED TAX ROLLS
OF SAID CITYj AT THIS ADDRESS SO SHOWN ORS IF THE NAME OF SUCH RESPECTIVE
RAILWAYS DO NOT APPEAR ON SUCH RENDEREW 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 LEVIEDj SHALL STATE THE HIGHWAY
HIGHWAYS, 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 HIGHWAYS 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 HIGHWAYS OR STREET, PORTION OR PORTIONS THEREOF, ANDS IF THE
IMPROVEMENTS ARE TO BE CONSTRUCTED IN ANY PART OF THE AREA BETWEEN AND
UNDER RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS, AND SWITCHES, AND TWO
(2) FEET ON EACH SIDE THEREOF OF ANY RAILWAYS STREET RAILWAY OR INTERURBAN
SHALL ALSO STATE THE AMOUNT PROPOSED TO BE ASSESSED THEREFORE AND SHALL
-5-
STATE THE TIME AND PLACE AT WHICH HEARING SHALL DE HELD PROVIDED, HOWEVER,
THAT 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 PROVIDEDi 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 COUNCILS 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 IS ACCORDINGLY SO ORDAINED THIS THE
DRY OF �
ATTEST:
CITY SECRET Rr P1AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF
/'i PKI CITY ATTORNEY
Corpus Christi, Texas
day of .t.�... a� , 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
WN
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the fo lowing vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark