HomeMy WebLinkAbout15247 ORD - 12/05/1979AN ORDINANCE
APPROVING AND ADOPTING THE WRITTEN STATEMENT AND
REPORT OF TOE DIRECTOR OF ENGINEERING AND PHYSICAL •
DEVELOPMENT, SHOWING ESTIMATES OF T}IE VARIOUS COSTS
FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE
CITY OF CORPUS -CHRISTI, SUECES 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. Shely Street, from Niagara Street to David Street.
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-ABUTTIN PROPERTY; ORDERING
AND SETTING A HEARING TO BE HELD JANUARY 2, 1980
AT 7:00 P.M., IN THE CAFETERIA OF TRAVIS ELEMENTARY
SCHOOL, 1645 TARLTON STREET
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 5th day of -December, 1979
the City Council by enactment of Ordinance No. 15246 determined that
it was necessary to improve the following by paving and sidewalks, as
hereinafter more fully described:
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,NeF �N'
3. McDaniel Street, from Sarita Street to David Street, ��
4 Shely Street, from Niagara Street to David Street.
• . 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
WHEREAS, the said specifications have been prepared and are
not submitted to the City Council for approval and adoption; and
15247
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,
within the limits defined, and against street and riilway 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
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 CO3NCIL OF THE CITY
OP 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 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
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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
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:
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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 Cafeteria, Travis Elementary
School. 1645 Tarlton St., City of Corpus Christi, Nueces County, Texas,
on the 2nd day of January , 1980 , at 7:00 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
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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 5th
day of December , 1979 .
ATTEST:
City Secretary.
APPROVED:
By
4th DAY OF December , 1979 .
J. BRUCE AYCOCK, CITY ATTORNEY
Asst. City Attorney
MA7iY° /
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
day of�,�jyio , 19 77
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
Y/41:41""7-
THE CITY F ORPUS 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
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
passed
by the following vote:
1524:7