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Home My WebLink About13421 ORD - 09/29/1976jkh.9- 29 -76; 1st AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOWING ESTIMATES OF VARIOUS COSTS FOR IMPROVEMENT OF: UNIT VIII OF THE SIDEWALK PROGRAM, 1. Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; 2. UpRiver Road, from Cantwell Drive to Van Cura Drive, south side only; 3. Carroll Lane, from Wesleyan Church to connection of existing sidewalk, west side only; and 4. McArdle Road, from Broughton Drive to Carroll Lane, ~ north side only, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETER- MINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD OCTOBER 27, 1976, AT 4:00 P.M., IN THE COUNCIL ,CHAMBERS OF CITY HALL, AT 302 SOUTH SHORELINE, 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 streets in the City of Corpus Christi, Texas, within the limits defined: UNIT VIII OF THE SIDEWALK PROGRAM 1. Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; 2. UpRiver Road, from Cantwell Drive to VanCura Drive, south side only; 3. Carroll Lane, from Wesleyan Church to connection of existing sidewalk, west side only; and 4. McArdle Road, from Broughton Drive to Carroll Lane, north side only, and in the manner and according to the plans and specifications therefor, which said plans and specifications have been approved and adopted by the City Council. , A11CROFILWED)f JUN s3.01980 13421 . (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 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 sidewalks 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 PROGRAM UNIT VIII This project includes the construction of 4' wide 4" thick reinforced sidewalks on the streets listed below for the purpose of improving the safety of pedestrian traffic. The streets that are to be improved as mentioned above are: 1. Calallen Drive, from Smith Drive to Burning Tree Lane, West side only; 2. Up River Road, from Cantwell Drive to Van Cura Drive, South side only; 3. Carroll Lane, from Wesleyan Church to connection of existing sidewalk, West side only; 4. McArdle Road, from Broughton Drive to Carroll Lane, North side only; The assessment rate has been calculated in accordance with the City's assessment policy, and the low bid submitted by B & B Builders based on the above policy the assessment rate is: Sidewalk @ $0.75 per square foot Total Bid Price $27,349.64 Preliminary Assessment 9,625.56 TOTAL CITY COST $17,724.08 ELF James K. onto P.E., Director Engineering & Physical Development JKL /lo Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCR73?TION OF ASSESSIdF NT RATE AMOUNT TOTAL fi-m6 u ASSESSED SIDEWALK P GRAM UNIT VIII CALAL EN DRIVE FR )M SMITH DRI TO BURNING TR E LANE WE 3T SIDE 1. Frederick A:- Lupton 807.84 S.F. S/W .75 605.88 605.88 4701 Calallen Dr.- Lot 26, Blk.. A River Forest Addn. 2. Melvin B. O'Bryant 320.00 S.F. S/W .75 240.00 240.00 4709 Calallen Dr. Lot 25, Blk. A River Forest Addis. 3.' Almon R. Montgomery 320.00 S.F. S/W .75 240.00 240.00 4717 Calallen Dr. Lot 24, Blk. A - River Forest Addn. 4. James J. McMarken 320.00 S.F. S/W .75 240.00 240.00 4717 Calallen Dr. Lot 23, Blk. A River Forest Addu. S. Edward D. Loften 320.00 S.F. S/W .75 240.00 240.00 4721 Calallen Dr. Lot 22, Blk. A River Forest Addn. Page 2 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTIONT OF ASSESSMENT RATE !-IrGU7T ASSESSED 6. Leo Weikel 320.00 S.F. S/W .75 240.00 240.00 4725 Calallen Dr. Lot 21, Blk. A River Forest Addn. 7. Dorothy S. Bell 320.00 S.F. S/W .75 240.00 240.00 4729 Calallen Dr. Lot 20, Blk. A River Forest Addn. 8. Homer Villarreal 320.00 S.F. S/W .75 240.00 240.00 4733 Calallen Dr. Lot 19, Blk. A River Forest Addn. 9. Roy Gott 320.00 S.F. S/W .75 240.00 240.00 3901 Starlite Ln. Lot 18, Blk. A River Forest Addn. 10. Elmer Davis Barber 320.00 S.F. S/W .75 240.00 240.00 4807 Calallen Dr. Lot 17, Blk. A River Forest Addn. 11. A. R. Ramirez 320.00 S.F. S/W .75 240.00 240.00. 4809 Calallen Lot 16, Blk. A River Forest Addn. Page 3 ITEM NO. OWIM AND PROPEICY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 12. Patrick D. Leyethy 320.00 S.F. S/W .75 240.00 240.00 151 -A River Forest Lot 15, Blk. A River Forest Addn. 13.(S) Frank Robinson 460.00 S.F. S/W •38 174.80 174.80 13601 River Forest Lot 14, Blk. A- River Forest Addn. RIVER FOREST DRIVE INTERSEC ION 14.(S) Joe Cutler 460.00 S.F. S/W .38 174.80 174.80 13602 River Forest _ Lot 13, Blk. E River Forest Addn. 15. Elmo S. Masters 340.00 S.F. S/W .75 255.00 255.00 4909 Calallen Dr. Lot 14, Blk. E River Forest Addn. Page 4 ITEM NO. OWNER AND PROPERLY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE A -MOUNT TOTAL Ar:OJNT ASSESSED MESQUITE T LkIL INTERSECTION 16. Manfred M. Scheurich 340.00 S.F. S/W .75 255.00 255.00 Box 10101 Lot 1, Elk. J River Forest Adda. 17. Nueces Inv. Corp. 640.00 S.F. S/W .75 480.00 480.00 Rt. 8, Box 249B. - San Antonio, Tx. 78228 Lots 2 -3, Blk. F River Forest Addn. 18. Jessie E. Simmons 320.00 S.F. S/W .75 240.00 240.00 5013 Calallen Dr. Lot 4, Blk. F River Forest Addn. 19. Don Smith Co. 320.00 S.F. S/W .75 240.00 240.00 Rt. 8, Box 54ZA San Antonio, Tx. Lot 5, Blk. F River Forest Addn. 20. J. L. Keller 340.00 S.F. S/W .75 255.00 255.00 % Berl Himes 925 Barracuda Lot 6, Blk. F River Forest Addn. Page 5 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED MOUNTAIN TRAIL INTERSECTI N 21. Willard T. Martin, Jr. 560.00 S.F. S/W .75 420.00 420.00 P. 0. Box 969 Robstown, Tx. 78380 Lot 15, Blk. F River Forest Addn. 222 Don Smith Co. 540.00 S.F. S/W .75 405.00 405.00 Rt. 8, Box 542A San Antonio, Tx. 78228 Lot 16, Blk. F River Forest Addn. BURNING TREE LANE INTERSECT ON END OF C LEN DRIVE WE 3T SIDE UP'R VER ROAD ROM CANTWELL DR. TO VAN C L DR. SOUrH SIDE 23. Diamond Shamrock Corp. 288.00 S.F. S/W .75 216.00 216.00 P. 0. Box 631 Amarillo, Tx. 79105 Lot 6, Blk. 2 Page 6 =4 NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUP]T TOTAL AMOUNT ASSESSED 23A. Jack Jester 172.32 S.F. S/W .75 129.24 129.24 P. 0. Box 1392 78403 Lot 5, Navigation Hts. 24. James H. Belanger, Jr. 722.08 S.F. S/W .75 541.56 541.56 -629 Chamberl -Im 'A Kubela - ' 7! _. 25. Nat W. Hardy, Estt 545.80 S.F. S/W .75 409.35 409.35 P. 0. Box 6277, 78411 Lot 1, Blk. 2 Geistman, Tract LYNCH DRIVE INTERSECTION 26. Nat W. Hardy 545.80 S.F. S/W .75 409.35 409.35 P. 0. Box 6277 78411 Lot 1, Blk. 1 Geistman Tract 27. City of Corpus Christi 494.36 S.F. S/W .75 - 0 - - 0 - Lot 31- 32 -33, Blk. 1 Van Cura Addn. VAN CURA DR. INTERSECTION END OF UP RIVER ROAD SOUTI SIDE Page 7 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AVAOUNT TOTAL P1,10U1" 1' ASSESSED C LL LANE BEGINNING AT 1ST. WESLEYAN H. WE ,T SIDE 28. 1st. Wesleyan Church 420.00 S.F S/W .75 - 315.00 315.00 5405 Carroll Lane Lot 14, Blk. 21 Lynwood Pl. Unit 3 END AT 1ST WESLEYAN CH. WE 3T SIDE MC LE ROAD OM BROUGHT04 DR. TO CARROL LANE NORCH SIDE 29.() Michael T. Montemarro 480.00 S.F S/W .38 182.40 182.40 4838 Broughton Lot 18, Blk. 8 Central Park 30 () W. L. Fuller 480.00 S.F S/W .38 182.40 182.40 4837 Moravian Lot 19, Blk. 8 Central Park MORAVIAN D IVE INTERSECTI N Page 8 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSME }L RATE A•iJUIT TOTAL P?SOUivL ASSESSED 31.() Henry Gorman, et ux 480.00 S.F S/W .38 182.40 182.40 4838 Moravian Lot 18, Blk. 9 Central Patk 32.() Ariel N. Cantu 480.00 S.F S/W .38 182.40 182.40 4837 Kosarek Lot 19, Blk. 9 Central Park KOSARX DRIVE 33.() C.T. Sanchez, et ux 480.00 S.F. S/W .38 182.40 182.40 229 Edward Lot 18, Blk. 10 Central Park 34. S)Edmund Garcia, Sr. 480.00 S,F S/W .38 182.40 182:40 4837 Mokry Lot 19, Blk. 10 _ Central Park MOKRY DR 17E INTERSECTION Page 7 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 35.(S) Alfredo C. Carrisales 480.00 S.F S/W .38 182.40 182.40 4838 Mokry Lot 18, Blk. 11 Central Park 36. (S) Antonio M. Ramon 481.00 S.F S/W .38 _ 182.78 182.78 4853 Carroll Lane Lot 19, Blk. 11. Central Park CARROLL LANE INTERSECTION END OF M ARDLE ROAD NORTH SIDE $9,625.56 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 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 at City Hall, in the City of Corpus Christi, Nueces County, Texas, on the 27th day of October , 1976 , at 4 :00 F.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 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 tetras 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 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 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, 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 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 and 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 the 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 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 and Physical Development and making a decision thereon, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but 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 iy passage, IT IS ACCORDINGLY SO ORDAINED, this the aye day of 19�. ATTEST: RES - MW A I ffM / APPROVED: DAY OF /4 / % 6 , 19 Aar r City Attorney MAYOR / 3V2f THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI TEXA 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. RESPECTFULLYp (�L� MAYOR / 3 See/ THE CITY OF CORPUS CHRISTI, TE THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO) SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY aTFOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE