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HomeMy WebLinkAbout15058 ORD - 08/15/1979f , jkh:8-f3-79;lst Cr- AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOW- ING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: H. E. B. PARK AND TENNIS CENTER AREA Shely Street, from Churchill Drive to Ayers Street; 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; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON SEPTEMBER 12, 1979, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, AT CITY HALL, 302 S. SHORELINE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, 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. 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: 01'1* 15058 H.E.B. PARK AND TENNIS CENTER AREA Shely Street, from Churchill Drive to Ayers Street 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 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: - -3- PRELIMINARY ASSESSMENT ROLL SIDEWALK PROGRAM H.E.B. PARK AND TENNIS CENTER AREA This project is for construction of sidewalks along the following street. H.E.B. Park and Tennis Center Area Shely Street, from Churchill Drive to Ayers Street. Improvements will be constructed on both sides of the street and shall consist of a 4' wide reinforced concrete sidewalk 4" thick. This is an assessment project to be constructed in conjunctionwith the H.E.B. Park and Tennis Center Expansion and the relocation of Shely Street. Abutting property owners are assessed in accordance with the current assessment policy of the City of Corpus Christi. The low bid for this construction was submitted by Asphalt Paving and Construction Company. The maximum assessment rate for sidewalk by City ordinance is $.75 per square foot. Total Contract Price Preliminary Assessments City's Share $69,592.45 3,505.94 $66,086.51 James K. Lon os, P.E., Director Engineering & Physical Development 4 r PRELIMINARY ASSESSMENT ROLL SIDEWALK PROGRAM H.E.S. PARK AND TENNIS CENTER AREA This project is for construction of sidewalks along the following street. H.E.B. Park and Tennis Center Area Shely Street, from Churchill Drive to Ayers Street. Improvements will be constructed on both sides of the street and shall consist of a 4' wide reinforced concrete sidewalk 4" thick. This is an assessment project to be constructed in conjunctionwith the H.E.B. Park and Tennis Center Expansion and the relocation of Shely Street. Abutting property owners are assessed in accordance with the current assessment policy of the City of Corpus Christi. The low bid for this construction was submitted by Asphalt Paving and Construction Company. The maximum assessment rate for sidewalk by City ordinance is $.75 per square foot. Total Contract Price Preliminary Assessments City's Share $69,592.45 3,505.94 $66,086.51 01P-1 41 7 James K. Lon os, P.E., Director Engineering & Physical Development 1_ Page 1 ITEM NO. I OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL , AMOUNT ASSESSED PRILIMINARY ASSESSMENT ROLL H.E.B. TENNIS CENTER SIDEWALK IMPROVEMENTS SHELY STREET CHURCHILL DRIVE TO AYERS STREET NORTH SIDE S-1. Teoudlo Garcia *477.99 S.F. Sidewalk .38 181.64 2926 Churchill Dr. 78404 69.11 S.F. " .75 51.83 Lot 1, Block 11 , Pineda Park $ 233.47 * Side on Shely Street R -1B 2. City of Corpus Christi -0- S.F. - -0- -0- H.E.B. Tennis Center • -0- 3. IND. Lodge 1337 -0- S.F. - -0- -0- i AF & AMS P.O. Box 3526 78404 -0- Lots 11 & 12, Block 12 Pineda Park No. 2 * Cr. Exst. S/W 4. B.W. Bell & C.C. Speed 1,680.00 S.F. Sidewalk .75 1,260.00 1309 Ocean Dr. 78404 Lots 13, 14, 15, 16, 17, 18 and 19, Block 12 1,260.00 Pineda Park No. 2 . B-4 . Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL 'AMOUNT ASSESSED 5. Rene R. Soliz * -0- S.F. - -0- -0- 2821 Ayers 78404 Lot 21, Block 12 -0- Pineda Park No. 2 B-4 * Cr. Exst. S/W AYERS STR3ET END SHELY STREET NORTH SIDE SHELY STRTET CIMRCHILL DRIVE TO AYERS STREET SOUTH SIDE S-6. Reynaldo Madrigal *477.99 S.F. Sidewalk .38 181.64 3002 Churchill 78404 69.11 S.F. " .75 51.83 Lot 11, Block 6 Pineda Park $ 233.47 R -1B * Side on' Shcly Street 7. City of Corpus Christi -0- S.F. - -0- -0- H.E.B. Tennis Center . -0- PIG STREET INTERSECTION 8. William E. Humiston 1,140.00 S.F. Sidewalk .75 855.00 4014 Little John 78411 * 80.00,S.F. " " .75 60.00 Lots 1, 2, 3, 4 & NW 35' of Lot 5, Block 14 915.00 Pineda Park No. 2 B-4 * RTN. on Fig Street Page 3 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT ' TOTAL AMOUNT ASSESSED '9. H.E.B. Store Prop. #2 *784.00 S.F. Sidewalk .75 588.00 P.O. Box 9216 78408 SE 25' of Lot 5 & Lots 6, 7, & 8, Block 14 $ 588.00 Pineda Park No. 2 B-4 * CR. 9 L.F. Existing Improvements - 10. Fred Brunkenoefer *368.00 S.F. Sidewalk .75 276.00 2901 Ayers 78404 Lot 9, Block 14 276.00 Pineda Park No. 2 B-4 ' * CR. 33 L.F. Existing Improvements ' TOTAL $3,505.94 AYERS STREET END SHELY STREET SOUTH SIZE END SIDEWALK ASSESSMENT 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 pf 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! September 12, 1979, at 3:00 p.m., in the City Council Chambers, 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 evidenbe, 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. 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 (1 4) 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 1F 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 15 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 (i4) 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 'fAX ROLLS OF SAID CITY, AT THE ADDRESS SO SHOWN, OR, IF 'THE NAME OF SUCH RESPECTIVE RAILWAYS 60 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, DR STREET, PORTION OR PORTIONS THEREOF, AND, IF THE IMPROVEMENTS ARE TO BE CONSTRUCTED IN ANY PART OF THE AREA BETWEEN AND - 5 - 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 4. THAT THE NEED FOR THE ADOPTION OF THE PLANS AND PROCEEDING WITH THE IHPROVEMENTS A5 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 IS ACCORDINGLY SO ORDAINED; THIS THE 15th DAY OF August , 1979 ATTEST: 1/6 CIT- SECRETARY • APPROVED: lath DAY OF Au Hst , lg7q• J. BRUT AYC. K, CITY ATTORNEY Asst. CITY ATTORNE// By THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas J'c day of, 19 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, MA HE CIT OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15058