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HomeMy WebLinkAbout14862 ORD - 04/18/1979jkh:4-18-79;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 STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: BETEL STREET, FROM BURNET STREET TO THE CROSSTOWN EXPRESSWAY; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY TBE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A BEARING TO BE HELD MAY 16, 1979, AT 3:00 P.M., IN THE COUNCIL CHAMBERS AICIIY HALL, 302 S. SHORELINE IN THE CITY OF CORPUS CHRISTI, TEXAS, 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 18th day of April, 1979 • the City Council by enactment of Ordinance No. 14861 determined that it was necessary to improve the following by paving and sidewalks, as hereinafter more fully described: Betel Street, from Burnet Street to the Crosstown Expressway; and 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 WNEREAS, 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 3s 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 14862 MICROFILMED AUL p 81980 • 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 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 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 descrip- tion 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, TEAS: 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 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 -herein- above 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 -2- • 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 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 amend- ments thereto, now shown as Article 1105b 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- • PRELIMINARY ASSESSMENT ROLL Betel Street from Burnet Street to Crosstown Expressway. This project includes construction of street improvements to the above named street within the limits described. The improvements consist of excavation to a width and depth to provide for the laying of a standard curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 1" Type "D" Bot -Mix Asphaltic pavement. The street will be 28' wide on the existing 50' right-of-way. There will be 4' wide reinforced sidewalks and 6" thick reinforced driveways as shown on the construction plans or where requested by the owner. The assessment rates have been calculated in accordance with the current paving policy adoped by the City. Based on the lowest bid price submitted for the Lozano School Area street improvements of which Betel Street is a part, the assessment rates are as follows: 28' Wide Street, Back of'Curb 4" Curb, Gutter, & Pavement 6" Curb, Gutter, & Pavement $8.29 per L.F. $8.61 per L.F. Sidewalk $1.04 per.S.F. Driveway $1.97 per S.F. All properties, one and two family use, churches and schools have been assessed at the maximum rate established by the City Council as: Curb, Gutter & Pavement $4.75 per L.F. Sidewalk $ .75 per S.F. JKL/dl Total Contract Price by Change Order Total Preliminary Assessment Total City Portion $33,000.00 12,321.10 $20,678.90 James K. Loos, P.E., Director Engineering & Physical Development Page • 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED LOZANO SCHOOL AREA ADDITIONAL STREET . BETEL STREET Bur-iet to CrossTown Expressway North S=de 299 Susie Arsuaga * 56.00 L.F. C.G.& PVMT. 4.75 266.00 1805 Lipan 78408 240.00 S.F. S/W .75 180.00 Lot 1, Block 13 -0- S.F. D/W .00 -0- Temple Addition R -1B 446.00 * Cr. 4 ft. RNT from Burnet 300 Olivia Ruiz Rodriguez 52.00 L.F. C.C.& PVMT. 4.75 247.00 3829 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 2, Block 13 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition • R -1B 547.41 301 Fiorentino G. Castillo 52.00 L.F. C.G.& PVMT. 4.75 247.00 - 3825 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 3, Block 13 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition . R -1B 547.41 302 Milton Villegas 52.00 L.F. C.G.& PVMT. 4.75 247.00 3821 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 4, Block 13 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 547.41 303 Abel H. Moreno 52.00 L.F. C.G.& PVMT. 4.75 247.00 3809 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 5, Block 13 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 547.41 • Page 2 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED • 304 Manuel H. Garcia • 52.00 L.F. C.G.& PVMT. 4.75 247.00 3813 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 6, Block 13 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 547.41 305 Jesus B. Aguilar 52.00 L.F. C.G.& PVMT. 4.75 247.00 3809 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 7, Block 13 73.30 S.F. D/W 1-10 1.97 144.41 • Temple Addition R -1B 547.41 306 Herman Renaud 53.00 L.F. C.G.& PVMT. 4.75 251.75 429 W. Armour Ave. 212.00 S.F. S/W .75 159.00 Wilwaukee, Wis. 53207 73.30 S.F. D/W 1-10 1.97 144.41 Lot 8, Block 13 Temple Addition ' 555.16 R -1B (F)307 Juan L. Flores * 50.00 L.E. C.G.& POMT. 4.75 237.50 (5)263 3801 Betel 78416 240.00 S.F. S/W .75 180.00 ' Lot 9, Block 13 -0- S.F. D/W .00 -0- Temple Addition R -1B 417.50 * Cr. 10' RTN from Tasco St. TASCO STREET =NTERSECTION (F)308 Ubaldo Cruz * 47.00 L.F. G.G.& PVMT. 4.75 223.25 3745 Betel 78416 228.00 S.F. S/W .75 171.00. Lot 1, Block 4 -0- S.F. D/W .00 -0- Temple Addition R -1B 394.25 * Cr. 10' RTN from Tasco St 309 Adelina Duque 50.00 L.F. C.G.& PVMT. 4.75 237.50 3741 Betel 78416 200.00 S.F. S/W .75 150.00 Lot 2, Block 4 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 531.91 Page • 3 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 310 Gilberto R. Plata 3737 Betel 78416 Lot 3, Block 4 Temple Addition R -1B 311 0. Balderas 3733 Betel 78416 Lot 4, Block 4 Temple Addition R -1B * Cr. Exst. Impvts. * * 50.00 L.F. C.G.& PVMT. 200.00 S.F. S/W 73.30 S.F. D/W 1-10 05.00 L.F. C.G.& PVMT. 28.00 S.F. S/W -0- S.F. D/W CROSSTOWN EXPRESSWAY. END BETEL STREET NORTH SIDE BETEL STREET BURNET STREET TO CROSSTOWN EXPRESSWAY SOUTH S_DE 312 Jovita Y. Capetillo 3834 Betel 78416 Lot 18, Block 14 Temple Addition R -1B * Cr. 4' RTN from Burnet St 313 Osvaldo Garcia 9665 Paula 78410 Lot 17, Block 14 Temple Addition R -1B 314 Mary Corona Vasquez 3826 Betel 78416 Lot 16, Block 14 Temple Addition R -1B * 56.00 L.F. C.G.& PVMT. 240.00 S.F. S/W 73.30 S.F. D/W 1-10 52.00 L.F. C.G.& PVMT. 208.00 S.F. S/W 73.30 S.F. D/W 1-10 52.00 L.F. C.G.& PVMT. 208.00 S.F. S/W 73.30 S.F. D/W 1-10 4.75 . 75 1.97 4.75 .75 .00 4.75 . 75 1.97 4.75 .75 1.97 4.75 .75 1.97 237.50 150.00 144.41 23.75 21.00 -0- 266.00 180.00 144.41 247.00 156.00 144.41 237.00 156.00 144.41 531.91 44.75 590.41 547.41 547.41 • Page 4 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 315 Abel V. Gonzalez 52.00 L.F. C.G.& PVMT. 4.75 247.00 3822 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 15, Block 14 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 547.41 316 Jose A. Morales 52.00 L.F. C.G.& PVMT. 4.75 247.00 3818 Betel 78416 208.00 S.F. S/W .75 156.00 Lot 14, Block 14 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 547.41 317 Rodolfo Soliz 52.00 L.F. J.G.& PVMT. 4.75 247.00 3814 Betel 78416 208.00 S.F. 5/W .75 156.00 Lot 13, Block 14 70.38 S.F. )/W 1-108 1.97 138.65 Temple Addition R -1B 541.65 318 R. & R. Carbajal 52.00 L.F. C.G.& PVMT. 4.75 247.00 C/o Sonia Chapa 208.00 S.F. S/W .75 156.00 3802 Betel 78416 70.38 S.F. D/W 1-108 1.97 138.65 Lot 12, Block 14 Temple Addition 541.65 R -1B 319 Jessie Rivera 53.00 L.F. :.G.& PVMT. 4.75 251.75 3806 Betel 78416 212.00 S.F. 3/W .75 159.00 Lot 11, Block 14 73.30 S.F. )/W 1-10 1.97 144.41 Temple Addition R -1B 555.16 7)320 Mrs. Robert Jimenez * 12.50 L.F. C.G.& PVMT. 4.75 59.38 5)264 519 Adam Street 240.00 S.F. S/W .75 180.00 San Antonio, TX 78210 -0- S.F. D/W .00 -0- Lot 10, Block 14 Temple Addition 239.38 R -1B * Cr. 47.50' RTN from Tasco 4ASCO STREET INTERSECTION • Page 5' ITEM NO. OWNER MD PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED (F)321 Pedro P. Trujillo * 47.00 L.F. C.G.& PVMT. 4.75 223.25 3746 Betel 78416 228.00 S.F. S/W .75 171.00 Lot 24, Block 3 -0- S.F. D/W .00 -0- Temple Addition R -1B * Cr. 10' RTN from Tasco 394.25 322 Mary Alice Silvas 50.00 L.F. C.G.& PVMT. 4.75 237.50 1034 Meadowbrook 78412 200.00 S.F. S/W .75 150.00 Lot 23, Block 3 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 531.91 • 323 Raul R. Pena 50.00 L.F. C.G.& PVMT. 4.75 237.50 3738 Betel 78416 200.00 S.F. S/W .75 150.00 Lot 22, Block 3 73.30 S.F. D/W 1-10 1.97 144.41 Temple Addition R -1B 531.91 CROSSTOWN EXPRESSWAY END BETEL STREET SOUTH SITE TOTAL ASSESSMENT $12,321.90 • 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, 302 S. Shoreline, City of Corpus Christi, Nueces County, Texas, on the 16th day of May , 1979 , at 3:00 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 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. • • 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 its passage, IT IS ACCORDINGLY SO ORDAINED, this the 18th day of April ATTEST: 19 79 . APPROVED: 18th DAY OF J. BR1Jf:E A April Asst. City Attorne , 1979. ,tagrio /60" MAYOR THE CITY S CHRISTI, TEXAS • 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 its passage, IT IS ACCORDINGLY SO ORDAINED, this the 18th day of April ATTEST: Secretary, '9_.2L. APPROVED: 18th DAY OF 7.73T A April Asst. City Attorn// , 1979. MAYOR THE CITY -'+'IIS CHRISTI, TEXAS �_F Corpus Christi, Texas 14 day of '1a —t. , 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR CI US CHRISTI TEXAS The Charter rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample alp ouie The above ordinance was passed by the following vote: Gabe Lozano, Sr. -I "& Bob Gulley a-JS(f) David Diaz QU Ruth Gi U [(� j �� Joe Holt ' (Up • Tony Juarez, Jr. Edward L. Sample nCup 14862 • Corpus Christi, _Texas i Q �q __] _day of C , 19 ` l 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR CI 0 i • �US CHRISTI3TEXAS The Charter rule was suspended by the fallowing vote: Gabe Lozano, Sr. Bob Gulley 0.14 011p F1). David Diaz O,aa Ruth Gill Joe Holt a me) Tony Juarez, Jr. ,€) Edward L. Sample Qth The above ordinance was passed by the following vote: Gabe Lozano, Sr. v_ Bob Gulley � I,(,i David Diaz ,C, Ruth Gilles Joe Holt - (j r') Tony Juarez, Jr. 11 Edward L. Sample Qhs 14862