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HomeMy WebLinkAbout15246 ORD - 12/05/1979AN'ORDINANCE DE1BRNINING THE NECESSITY FOR AND ORDERING THE IMPROVE- MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: Broadmoor Park Area Niagara, Sarita, and Cleo Streets, from Baldwin Boulevard to South Port Avenue, 2. Sonora Street, from Sarita Street to David Street, 3. McDaniel Street, from Sarita Street to David Street, 4. Shely Street, from Niagara Street to David Street. 'REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA- TIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi deems it necessary to perma- nently improve the hereinafter named streets within the City of Corpus Christi: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following streets shall be improved by the raising, grading, filling, widening, paving, repaving or repairing same, by the construction, reconstruction, repairing or realigning concrete sidewalks, curbs, gutters and driveways where the Director of Engineering and Physical Development determines adequate sidewalks, curbs, gutters, and driveways are not now installed on proper grade and line, and by constructing such storm sewers and drains, together with all other incidentals and appurtenances, all as deemed adequate by the Director of Engineering and Physica] Development and as provided for in the plans and specifications for such improvements - to be prepared by said Director of Engineering and Physical Development, said streets to be paved. and curbs and gutters -installed as shown on, the . plans and specifications for such improvements on file in the office of the Director of Engineering and Physical Development: Broadmoor Park Area 1. Niagara, Sarita, and Cleo Streets, from Baldwin Boulevard to South Port Avenue, 2. Sonora Street, from Sarita Street to David Street, 3. McDaniel Street, from Sarita Street to David Street, 4. Shely Street, from Niagara Street to David Street. SECTION 2. That the cost of said improvements shall be assessed against adjoining property and paid for as follows, to -wit: A. Improvements - Street shall contain a paved surface, plus two feet (2') of curb and gutter section on each side, a minimum of four - foot (4') wide sidewalk on each side, or wider where needed, plus driveways as needed. The paved surface shall be as determined by the Department of Engineering and Physical Development and approved by the City Council. B. Assessment Policy - Property owners abutting on each side of the street shall be assessed on the front foot basis as follows: 1. Ninety percent (90%) of cost of improvements relating to pavement for one-half of the street abutting property. Such improvements shall include excavation, caliche base, shell base, and include six and one-half percent (6 1/2%) of construction costs for engineering. In calculating this rate, credit shall be given to the abutting owners for an assumed 18 -foot wide section of pavement which will be an assumed 9 feet abutting each property, where pavement exists. 2. One hundred percent (100%) of cost of construction of curbs and gutters, plus six and one-half percent (6 1/2%) of construction costs of engineering. rt> • •3. Eighty percent (80%) of cost of construction of side-- ' walk, plus six and one-half percent (6 1/2%) of -construction • costs for engineering. . 4. One hundred percent (100%) of cost of•_construction of driveways, plus six and one-half percent (6 1/2%) of construction costs for engineering. 5. Where churches abut on two streets and double frontages are indicated, then the assessment rate for the church shall be reduced to 50% of the residential rate on the street which the improvements physically side; the determination as to whether the property is siding will be dependent upon the actual location of improvements on the property. The above method shall be used regardless of depth and shape of lot and any peculiar characteristics, subject, however, to a finding by the City Council of inequality or injustice and corresponding adjustment. Credit shall be given for existing curbs, gutters, sidewalks and driveways, if they meet the standards of the City of Corpus Christi at the time of construction, and for the amount shown to have been previously spent for permanent type pavement by the abutting property owner, in excess of the 9 -foot wide pavement credit abutting the property as described above. Property which sides along the street being improved shall be assessed the rate computed above including driveways. Property backing onto a street being paved will be assessed the same rate as above except if access is prohibited, then the rate will be reduced by 50%. Where it becomes necessary to construct a header curb along the property line of commercially used properties to prevent -vehicles from park- ing, backing or turning on the sidewalk, the header curb will be 100% assessed, plus 6 1/2% of construction costs for engineering, against the abutting property. Where the City Council finds that property is platted for and committed in writing to one- or two-family residential use and so used at the time of assessment, or platted without improvements but committed in writing to one- or two-family residential use or in use for church or school purposes, then the assessment rate will not exceed $4.75 for curb and gutter and pavement and 100% of driveway cost. Property in this category which sides on a street _._tieing improved shall be assessed°not exceeding 50% of the $4.75'rate,-as'' .well as 50% of sidewalk, and 100% of driveways:-.,',,,- :',,r. ., _ Property which is used for single-family purposes and backing onto 'the street being improved will not be assessed for curbs, gutters or pavement, but will be assessed 50% of sidewalk, included in the street improvement where no sidewalk exists in front of property; provided that, where the property is over 250 feet deep, then the rate will be the same as if property were fronting the street. The determination of the assessment rate shall be made by applying the unit prices obtained by bids to the calculated quantities and front foot measurements, for the improvements abutting the property. The cost assessed against said owners and their property shall be payable in monthly installments not to exceed sixty (60) in number, the first of which shall be payable within thirty (30) days from the date of completion of said improvements and their acceptance by the City of Corpus Christi, and one installment each month thereafter until paid, together with interest thereon at the rate of five and one-quarter (5 1/4%) percent, with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and accrued interest thereon. The total number of monthly installments on owner -occupied property may be extended beyond sixty (60) in number so that, at the owner's request, the total monthly payments will not exceed Ten ($10.00)Dollars per month. Any property owner against whom and against whose property an assessment has been levied may pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improve- ments. That no such assessments shall be made against any owner of abutting property, or of a street railway or steam railway, if any, until after the notice and hearing provided by law, and no assessment shall be made against an owner of abutting property in excess of the benefits to such property in enhanced value thereof by means of such improvements. 1. •.,, For, that part7of the cost of the'improvements that shall be • determined to.be levied against the owners of -abutting -property and their -• property shall be levied by assessment as herein provided, and said improvements may further be secured by Mechanic's Liens to be executed in favor of the City of Corpus Christi, provided by law in accordance with the terms and provisions of this ordinance. Paving certificates evidencing the assessment shall be issued in favor of the City of Corpus Christi for the amount of the assessment, whether the property -owners have executed Mechanic's Liens to secure the payment or not, and shall be pay- able for the purpose of financing paving improvement costs. That the Director of Engineering and Physical Development is hereby directed to prepare at once specifications and file the same with the City Council for the hereinabove.described improvements. That in the specifications prepared, provision shall be made to require all contractors to maintain for a term not less than one (1) year all pavements and improve- ments hereinabove described, if, in the judgment of the City Council, it is deemed advisable to require same. That such specifications shall require the bidder to make a bid -upon the type of improvements above described, with maintenance requirements as herein provided. That the specifications shall also state the amount of the performance bond and payment bond, each of which shall equal the amount of the bid, as well as the method by which it is proposed to pay the cost of said improvements, said method being in accordance with this ordinance. 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 said Session, together with any amend- ments therto, 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 adopred by the said City. SECTION 4. That after approval by the City Council of plans <, +w .:and. specifications, bids .shall be itaken for .the construction of ahe, ,work,n,„,$r__ _ for the type of construction enumerated above and set forth in said plans - - and specifications, and the work shall be done, with the materials and according to plans and methods selected by the City Council, after the bids are opened and contract awarded. SECTION 5. That it is further provided as is stipulated by the provisions of the Charter of the City of Corpus Christi, Texas, and the laws above identified, that said improvements may be omitted in front of any property exempt from the lien of special assessment for street improve- ments without invalidating or affecting the assessments against the other property abutting upon said street. Further, the City Secretary of the City of Corpus Christi, Texas, is hereby authorized and directed to prepare a notice in the name of said City of action taken herein and to have same filed by the County Clerk of Nueces County, Texas, among the Mortgage Records of- said County. SECTION 6. That the need for preparation of plans and proceeding with improvements as herein provided as promptly as possible creates a public emergency and an imperative public necessity requiring the suspen- sion 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, and having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction and that such ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the N5 day of .o-gee4r7 e4 /979 ATTEST: City Secretary APP OV DA: IG� . DAY OF 7% J l J. BRUCE AYCOCK, CITY ATTORNEY By Y 'N Assistant Ci.y •rney ITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas day of J.1i-.n1 e// , 19 7i7 TO 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. V Respectfully, MAYOR THE CITY OJ CORPUS CHRISTI, TEXAS The Charter rule was suspended by the Luther Jones .1 Edward L. Sample - 4 Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: 1524 161726 611.616 !BACEi116 NOTICE THE STATE OF TEXAS X COUNTY OF NUECES aTATE OF TEXAS COUNTY OF NUECES 1 hereby certify that Ms instillment was DEED on Me date and at the time stamped hereon hy me; and ma dtdy RECORDED. in the•Yohime end Page of the neared RECOR011 of Nueces County, texas, es stamped hereon by me, aR DEC 6 1979 4. ze;w*afited COUNTY CLERK, NUECES COUNTY. TEXAS That the City of Corpus Christi, Tenaa , acting by and through its duly elected and constituted City Council, on the 5th day of December{ , 1979 , by Ordinance No. 15246 determined the— necessity he— necessity for and ordered the improvement of a portion of the following street(s): 1; Niagara, Sarita, and Cleo Streets, from Baldwin Blvd. to South Port Avenue; 2. Sonora Street, from Sarita Street to David Street; 3. McDaniel Street, from Sarita Street to David Street; and 4. Shely Street, from Niagara Street to David Street, within the City of Corpus Christi, Nueces County, Texas, said street(s), within the limits above described, to be improved by raising, grading, filling, widening, paving, repaving or repairing same and by the con— struction, reconstruction, -repairing or realigning of concrete sidewalks, curbs, gutters, and driveways where the Director of Engineering and Physical Development determines adequate sidewalks, curbs, gutters and driveways are not now installed on proper grade and line, and by the construction of such storm sewers and drains, if any, together with ail other necessary incidentals and appurtenances, all as deemed adequate by the Director of Engineering and Physical Development and as provided for in the plans and specifications for such improvements thereof as prepared by said Director of Engineering and Physical Development. That Ordinance No. 15246 , passed by the City Council on the 5th day of December , 1979 , provided that the amounts payable by the real and true owners of said abutting property shall be paid and become payable in one of the following methods at the o`ption'of the property owner: 1. All in cash within thirty (30) days after completion and acceptance by the City; or, 2. Payment in monthly installments not to exceed sixty (60) ;in number, the first of which shall be payable within thirty (30) days from the completion of said improvements and their acceptance by the City of Corpus Christi, and one installment each month thereafter until paid, REED RECORD V01:1.722 FACE 803 s'01L616 YfACE1117 4ED RECORD:i VOL 1722 fhcE 804 together- with 'interest .thereon at the rate: of'flve and cne=quarter,, -t (5-1%4%) percent, with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and accrued interest thereon. The total number of monthly installments on owner -occupied property may be extended beyond sixty (60) in number so _that, at the owner's request, the total monthly payments will not exceed Ten Dollars ($10.00) per month. Any property owner against whom and against whose property an•assessment has been levied may pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements. And said ordinance further provided that the amounts payable by the abutting property, and the real and true owners thereof, to be assessed against said property and said true owners thereof shall constitute a first and prior lien on such abutting property ard.a personal liability of the real and true owners thereof. Therefore, the City of Corpus Christi, Texas, has caused this Notice to be filed by Bill G. Read , City Secretary, and ' Jthe',Oefficial seal -of the City to be hereto affixed this the 5th day of ---....,\_1 ; C1 _;>;Ilis = -c .De mbgr• i",'+, ;,19 791A. R 4\\'' I C S j • City Secretary THE STATE OF TEXAS X 1 1 CITY OF CORPUS CHRISTI B• 1 G. Read COUNTY OF NUECES 1 RECORDERS MEMORANDUM ALL NAMES NOT TYPED UNDER SIGNATURES BEFORE ME, the undersigned authority, on this day personally appeared Bill G. Read , City Secretary of the City of Corpus Christi, known to me to be the person whose name is subscribed to the _ __ fere_geing instrument and acknowledged tome,_ that_ho_sinned the <:ar e i j . his capacity as City -Secretary for the purposes and consideration therein expressed, and as the act and deed of said City of Corpus Christi, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 5th day of December , 19 79 . FILED FOR RECORD DEC 6 4 so 'x'19 • COUNTY CLERK NUECES COUNTY TX. Notary Public in for Nueces Count Texas \;c1, NOTICE THE STATE OF TEXAS I COUNTY OF NUECES X That the City of Corpus Christi, Texas, acting by and through its duly elected and constituted City Council, on the 5th day of December , 1979 , by Ordinance No. 15246 determined the necessity for and ordered the improvement of a portion of the following street(s): 1. Niagara, Sarita, and Cleo Streets, from Baldwin Blvd. to South Port Avenue; 2. Sonora Street, from Sarita Street to David Street; 3. McDaniel Street, from Sarita Street to David Street; and 4. Shely Street, from Niagara Street to David Street, within the City of Corpus Christi, Nueces County, Texas, said street(s), within the limits above described, to be improved by raising, grading, filling, widening, paving, repaving or repairing same and by the con- struction, reconstruction,.repairing or realigning of concrete sidewalks, curbs, gutters, and driveways where the Director of Engineering and Physical Development determines adequate sidewalks, curbs, gutters and -driveways are not'now installed on proper grade and line, and by the construction of such storm sewers and drains, if any, together with all other necessary incidentals and appurtenances, all as deemed adequate by the Director of Engineering and Physical Development and as provided for in the plans and specifications for such improvements thereof as prepared by said Director of Engineering and Physical Development. That Ordinance No. 15246 , passed by the City Council on the 5th day of December , 1979 , provided that the amounts ' payable by the real and true owners of said abutting property shall be paid and become payable in one of the following methods at the option of the property owner: 1. All in cash within thirty (30) days after completion and acceptance by the City; or, 2. Payment in monthly installments not to exceed sixty (60) in number, the first of which shall be payable within thirty (30) days from the compinrion of said improvements and their acceptance by the City of Corpus Christi, and one installment each month thereafter until paid, • together with interest thereon at the rate of five and one-quarter (5-1/4%) percent, with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and accrued interest thereon. The total number of monthly installments on owner -occupied property may be extended beyond sixty (60) in number so that, at the owner's request, the total monthly payments will not exceed Ten Dollars ($10.00) per month. Any property owner against whom and against whose property an assessment has been levied may pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements. And said ordinance further provided that the amounts payable by the abutting property, and the real and true owners thereof, to be assessed against said property and said true owners thereof shall constitute a first and prior lien on such abutting property and a personal liability of the real and true owners thereof. Therefore, the City of Corpus Christi, Texas, has caused this. Notice to be filed by Bill G. Read , City Secretary, and the official seal of the City to be hereto affixed this the 5th day of ' I Decembew, s F� • , 1979 . THE STATE OF TEXAS X COUNTY OF NUMBS X CITY OF CORPUS CHRISTI By -?�,G�- P✓ • /� fa.-- I • Bill G. Read City Secretary BEFORE ME, the undersigned authority, on this day personally appeared Bill G. Read , City Secretary of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he signed the same in his capacity as City Secretary for the purposes and consideration therein expressed, and as the act and deed of said City of Corpus Christi, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 5th day of December , 19 79 . Mrs. Ortiz stated that previously cars were driven all over the park; dirt was placed at the entrance to the park which prevented this; but she feels that the ' dirt should be used to fill in the park, even though it was objectionable when the vehicles were dr'iven.all through the park., Mayor Jones suggested that a staff report be provided on the status of the improvements to the park, - Mr. Utter reiterated that this project was in the 6th year plan because the City is required to submit a three-year plan following the various public hearings at the'time the application is submitted -each year. Mayor Jones informed the Council that he has visited Los Encinos Park and. had' discovered that this'park has much more equipment than many other parks, par ticularly the park on Congressional and St. Andrews Park.' Mayor Jones contended • that a great deal of progress has occurred in the development of Los Encinos Park. Council Member Diaz suggested -to Mrs. -Ortiz that she provide the City staff I - with a list of the improvements that the area residents would like to have in Los Encinos Park. #: No one else spoke in regard to this matter:, Motion by Best that the°.hearing, be closed, •seconded by Turner and passed unanimously. - *_ * * is * -*..a .*.;�C J4ayor Jones announced -the;'publ`.i4c :hearing sthedul-ed';fpr foltowi ;matter: Piel'fni'nary,assessment;.roil lfor" improvements; to" South Port Avenue' from: Agnes' to ,. :B.uford Streets. The. roll -consists of -25"4items and wtotals135,952.`32: .Tlie project is being constructed by,;the 'State -Department of .Highways and- Pub1'.ic-T.ransportat'ion at,'ai cost •of $195;51'5 2 City;lianager Townsend,explained -that the nature of hear trig "is=totconsi•der, the prel imieary, assessments on' the'street improvement ,project ,for South- from-Ag' outh Port: Avenue . from-A`gries to'Buford?Streets.' He reminded. the "Council -that 'this project had been discussed'on,several occasions during previous Council Meetings because. of.`Uie: necessity for eliminating -the head -in parking on this portion' of the street.; informed the Council that the purpose of the -public hearing is to determine whether-. or not the abutting property' owners!. •property'will be enhanced at least in, the • Minutes Regular Council' Meet December 5, 1979•_:, Page amount of the assessments. Mr. Townsend then requested that Mr. Gerald Smith, -Chief Engineer, Department of Engineering and Physical Development, explain the scope of the.project. Chief -Engineer Smith displayed;tg"m*showing.the limits of the Port Avenue project and explained that this was included in the 1977 Bond'Program; it is being-= constructed jointly with the State.Department of Highways and Public Transportation; ' this is.the last 'portion of three projects for improvements to Port Avenue; the State advertised and received bids on the project; and the -low bidder was'Heldenfels Brothers, Inc. • _ Mr. Smith then displayed a design'drewing of the proposed improvements -and., explained that head -in parking will be eliminated but that parallel parking will. be included in the project. Mr. Smith continued his presentation by stating that the assessment roll includes 52 items but there are .only 26 property owners that are being assessed for for some amount; theassessmentroll was prepared in accordance with the City's ordinance pertaining to assessments;'the total bid cost for Port Avenue improve- ments is 5195,515.02; the City's cost will be $69,693.50; and the total preliminary assessments are135,.287.78. "'He also 'informed; the Council that included in this -' • total project 'are the Morgan,Avenue, PorttoS.H.'286, overlay; and the South Staples„ Carroll Lane to Annapolis .Drive,, overlay, for a total project cost o S487,1o5:25. _ ?6 tity- Manager Townsend =questioned Mr. •Smith and ,ascertained "that he is, a , gdalified-profe_ssional"erigineer, regis"tered'in`the State of Texas','that;h'e hasp been employed-by,€the City-0Corpus ,Christi ,for :20' years, and that'he;is thoroughly_ • familiar:with the project Under di;scussion.- Mayor". Jones .requested that; Mr..Smi�th-•explain the payment plan of: the.,assess,- ments. Chief -Engineer "Smith, stated that the property"owners may pay in cash or in monthly.:instatiinents over -a perlod of five years, or in of hardshipr, for a longer period of -time; the'interest rate would be 54%; and .that no payment would be due— .. until the work on the project is -completed. He also -informed the Council"that�•the• Minutes - Regular Council Meeting December 5, 1979 Page 9 , property owners will be credited for existing curbs, gutters and sidewalks and that there is no assessment for asphalt.' Council Member Turner asked Mr. Smith if the property owners affected- by the assessments had, been informed of the fact that they would be assessed for this work. - Mr. Smith.assured her that all property owners -were informed of,the amount of -their assessments and that a public hearing on the matter would be con ducted today. - City Manager Townsend also stated that the proper legal notice had been published three times in the Corpus Christi Caller -Times. Mayor Jones inquired as tomwhether or not property owners usually pay the assessments for street improvements levied against. their property. City Manager Townsend replied that he felt that payments were made but he would have to provide the Council with a report on thea p yment of assessments. City Attorney J. Bruce Aycock determined, through questioning of Mr. Smith, that cost estimates were prepared prior to this hearing and before construction was started. City Attorney Aycock called as his next witness,.Mr. W. J. "Bill" Holly,. and after questioning, determined•that he is a licensed real estate broker in ,the State of Texas;, that he has been .in the. real estate business for 25 years; .,'•: .and that he -is experienced as a real estate appraiser Mr 'Molly verified, that' - he' had examd°. e ineach'' and, every piece of property included in -this• project•,, and • • =that, "rn.•his opinion;.'all ofthem, would be enhanced at least in the amount of the'' assessioent-levied:. Mr:'Holiy testified'that included `in the assessment roil ,:'was only. one odd -shaped, or triangular„ lot;'but-since this°proper.y is'zoned Light Industrial...and,'•is-being-fully utilized, he -does not recommend any -adjust=-'•. int: NO one from'the audience spoke. in regard to this matter. Motion by 'Diaz that, the hearing be'closed, seconded by Turner and oass??.„ a;raimousiy: City, Manager' Townsend'comnented that the absence of -any opposition to the iprelimgnary,assessments indicated thatthe Engineering staffrespons'ible for the e. Minutes " Regular Council Meeting , "December 5,1979' Page 10. - paving assessments had obviously performed an excellent job in explaining the pro- posed assessments to the property owners involved. ****************- City Secretary Read suggested that the ordinance pertaining, to the street - improvements in' the Broadmoor Park Area be considered by the Council at this time., -City Manager Townsend briefly explained theordinance and stated that there is a need to approve this ordinance at this tine to provide an opportunity for notice to be filed in the Office of the_Nueces County Clerk.- City lerk.City Secretary Read polled the Council for their votes;'and the following - ordinance was approved:' ORDINANCE t10."'i5246: DETERMINING THE•NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI; NUECES COUNTY, TEXAS: BROADMOOR PARK AREA: 1. Niagara, Sarita, and Cleo Streets, from Baldwin Boulevard to South Port Avenue, 2. Sonora Street, from•Sarita Street to David Street, 3. McDaniel Street, from Sarita Street to David Street, 4. Shel'y Street, from Niagara Street, to David'Street. 'REQUIRING THE DIRECTOWOF,ENGINEERING'AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE .OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH!- ' 1MPGOVEMENTS SHALL BE PAID; AND DECLARING,AN',CMERGENCY,. '- The Charter Rule, was suspended and:the'foregoing ordinance passed by ths,following vote_ . Jones,• Sample, best, Oiai;; •Dun�hy,',Turner-` and Zarsky voting "Aye". `''' ' " "' * * * * -ft * * * _*'a * *'-*' -* * Mayor Jones.caLled for the City Manager''s Reports: City Manager Townsend i presented the following items with, related ;comrlents;end explanations. and."r'ecoomende ., that: ' - . a. A+public hearing be, --held on December -12,, 1979 on the request of Pendaris; Corporation to amend the Master Transportation Plan so' that F.M. 1889 will-,,- - not extend -through -the subdivisi'on." , b. A public -hearing be -held on December 19, 1979 on the closing of a portion of Snowgoose Road (Lots 11, 12, 21, and 22, Section 5, Flour Bluff and cncinal Farm and Garden Tracts). The final plat of Club Estates Unit 4 was approved by the Planning Commission subject to•ennexation,.which has been accomplished, and closure -and rerouting of a portion of Snowgoose•Road. Jhe subdivision is, located south of Saratoga end east of 'Everhart.. C.. A public hearing be held-at,2:00,p.m.-during the Regular Council Meeting on December 15, 1979 to closethe,deadend portion of John Street from the -east, right-of-way line of Port Avenue -to;the west -right-of-way -line of the. railroad at the, request of 'the abutting :property,.,owner.