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HomeMy WebLinkAbout12780 ORD - 09/03/1975Ojkh:9 -2 -75; 1st AN ORDINANCE APPROVING AND AD041NG 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 IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: Brownlee Boulevard Sidewalk, South Staples Street to Cole Street, east side only; Blundell Drive, southwesterly from Viola Avenue approximately 135 feet to existing street improvements; and Dodd Drive, southwesterly from Viola Avenue approximately 135 feet to existing street improvements; DETERMINING AND FIXING 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, OCTOBER 1, 1975, AT 3`00 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAI4S OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, heretofore, on the 3rd day of September, 1975, the City Council by enactment of Ordinance No. 12779 determined that it was necessary to improve the following by paving and sidewalks, as hereinafter more fully described: 1. Brownlee Boulevard Sidewalk, South Staples Street to Cole Street, east side only; 2. Blundell.Drive, southwesterly from Viola Avenue approximately 135 fleet to existing street improvements; and 3. Dodd Drive, southwesterly from Viola Avenue approximately 135 feet to existing street improvements; WHEREAS, by the terms of said ordinance, specifications were ordered to be made by the Director of Engineering and Physical Develop - went, 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, /a%Fl0 O O 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 IMEREAS, the City Council has heretofore, by ordinance, ordered the improvement of the street and portions enumerated above. Any existing curbs, gutters in place, neeting 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 Chrisit has, in accordance with the law, filed his report with the City Council, setting forth the participation by the railway companie: 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: VOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCM OF THE CITr OY 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. -2- 0 n 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 Called Session of the Fortieth Legislature of the State of Texas, and knourn as Chapter 106 of the Acts of the said Session, together with any amendments thereto, now shown as Article 11056 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 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- 1" o PRELIPIINARY ASSESSMENT ROLL September 3, 1975 BROWNLEE-STAPLES INTERSECTION BLUNDELL DRIVE AND DODD DRIVE STREET IMATOVEMTS O This project includes the extension of, and the construction of, pavement, curb and gutter on: 1. Brownlee Boulevard Sidewalk, South Staples Street to Cole Street, east side only; 2. Blundell Drive, Southwesterly from Viola Avenue approximately 135 feet to existing street improvements; and 3. Dodd Drive, southwesterly from Viola Avenue approximately 135 feet to existing street improvements. Blundell Drive and Dodd Drive shall be improved by excavating to a width and depth to permit the construction of a standard curb and gutter section 6" .compacted subgrade, 8" compacted caliche base and 1" Type D hot -mix asphalt surface to a roadway width of 28' back to back of curb, and a 5' wide 4" thick reinforced sidewalk tied to back of curb along Brownlee Boulevard from South Staples Street to Cole Street (east side). The assessment rates have been calculated on the lowest unit bid price submitted by Asphalt Paving and Construction Company, Inc. Based on this lowest bid price, the assessment rate is as follows: Curb, Gutter -ind Pavement @ $9.07 p.l.f. Sidewalk @ 1.20 p.s.P. Total Contract Price $22,428.60 Preliminary Assessments 2,543 -05 Total City Portion 19,$$5.55 tK. LontoP.EI rec_�i ✓r eering & Physical Development l ' O O Page 1 ITEM OWNER AND QUANTITY DESCRIPTION TOTAL N0. PROPERTY DESCRIPTIOTi ASSESSED OF RATE AMOUNT AMOUNT A.SSESSTWNT ASSESSED 1. 1® 4. Brownlee B ulevard From 3outh StaPleS to Cole Stree East Side Only Trammell -Crow Co. 610.00 S.F. S/YI 1.20 732.00 C/o George MCElroy Asso. 1011 Stemmons Tower South. Dallas, Texas 75207 Lot 12, Bik. u Del Mar Subd. End Brownl e Blvd. BLUNDELL DR1VE So hwesterly om Viola Avenu approximately 5 feet to e fisting street m rovem nts 9.07) Wm. P. Riddick 3433 manitou 78411 135 -00 L.F. C.G. & Pvmt. *3 -08 415.80 -0- S.F. S /41 Lot 7, Blk. 1 -0- S.F. D/W *34% of $9.07 = 3.08 (9.07) A. Garcia 135.00 L.F. C.G.& Pvmt. 'x'3.36 453.60 2501 Viola 78415 -0- S.F. S/W - Lot 8, Blk. 1 -0- S.F. D/W Warnecke Subd. *37% of $9.07 = 3.36 End Blunde 1 Drive - DODD DF VE So Ahwe sterly f rom Viola'Aven approximately 13 5 feet to exi sting street in rovemen s (9.07) Armando Avalos 135 -00 L.F. C.G.& Pvmt. *3.63 490.05 2531 Viola 78415 -O- S.F. S/W Lot 18, Blk. 1 -0- S.F. D/W Warnecke Subd. *40% of $9.07 = 3.63 I. 732.00 415.80 Y 453.6o 49o.05 �o err �R 0 - Page 2 ITEM OWNER AND QUANTITY DESCRIPTION 110. PROPERTY DESCRIPTIOII ASSESSED OF RATE AbIOWi T TOTAL ASSESsmcm ASSESSED 5. Ruben Eureste 2525 Viola 78415 Lot 17, Blk. 1 Warnecke Subd. *37%-Of $9.07 = 3.36 1 135.0, L_F. -O- S_F. -0- S.F. END END 0 Total Cunt Preliminar Total City ( 9.07) & Pvmt, x3.36 453.60 s/w D/W IF DODD DRIVE PROJECT act Price $22,428 Assessments 2,543 Portion 191 5 1 453.60 o: M 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 City Council Chambers at City Hall in the City of Corpus Christi, Nueces County, Texas, on the 1st day of October', 1975, at 3:00 P.M,t 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 council 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 Christ_ is hereby directed to give notice of the time and place of such hearing and of other natters 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 amendaents 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 terns and provisions of the said Act- -4- O THE CITY SECRETARY IS IIEREOY FURTHER DIRECTED TO GIVE ADDITIONAL %IRITTEid 110TICE OF THE HEAa ING UY DEPO.^,ITI,G IN THE UIXITED STATE., MAIL, AT LEAST FOURTEEN (lei) 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 OWNEIRS.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 NAI4ES 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 13 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 !•1AILj AT LEAS'• 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, OR, 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 OV 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 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 COST OF THE 111PROVEMENTS ON EACH SUCH HIGHWAY, OR STREET, PORTION OR PORTIONS THEREOF, AND, IF THE IMPROVEMENTS ARE TO BE CONSTRUCTED IN ANY PART OF THE AREA BETt/_EN AND UNDER RAILS AND TRACKS, DOUBLE TRACKS, TURNOUTS, AND SWITCHES, AND TWO (Z) FEET ON EACH SIDE THEREOF OF ANY RAILWAY, STREET RAILWAY OR INTERURBAN, SHALL ALSO STATE THE AMOUNT PROPOSED TO BE ASSESSED THEREFOR, AND SHALL —5— STATE THE TIt7E AI:D PLACE AT WHICH HEARING SHALL OC 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 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 INPERA- T1VE 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 CHAPTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROIfi AND AFTER ITS PASSAGES IT 13 ACCORDINGLY SO ORDAINED,-THIS THE DAY OF If Z4 V ATTEST: AOCIr SECRETARY P•iem THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF r- Y o-r C tTY ATTORNEY- TO THE MWERS OF THE CITY COUNCIL COPPUS CHRISTI, TEXAS 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- 910N OF 7HE 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, c i YOR Pro Tel THE CITY OF COR S CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON nom` EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FO LOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES YT RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE