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HomeMy WebLinkAbout15446 ORD - 04/02/1980jkh: 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: Comanche Street, the south side, from Culberson Street to Coke 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 APRIL 30, 1980 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: 15446 Comanche Street, the south side, from Culberson Street to Coke 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 -2- • 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 COMANCHE STREET SIDEWALK IMPROVEMENTS This project shall include sidewalk improvements to the following street: Comanche Street, the south side, from Culberson Street to Coke Street. This construction shall consist of replacement of curb and gutter as required, the laying of a 7' wide reinforced concrete sidewalk 6" thick and a retaining wall along the abutting property lines. Concrete steps shall be constructed to provide property access as shown on the plans. The assessment rate has been calculated in accordance with the City's current policy and construction will be accomplished by the successful low bidder, R. S. Black, an individual. SIDEWALK Bid Price $2.50 per S.F. Assessment Rate $ .75 per S.F. Total Contract Price $15,304.50 Total Preliminary Assessments 1,570.12 Total City Portion $13,734.38 Jia./d1 James -K. Lontos, P.E., Director Engineering & Physical Development • Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE , AMOUNT TOTAL AMOUNT ASSESSED PRELIMINARY ASSESSMENT ROLL COMANCHE STREET CULBERSON STREET TO CORE STREET SOUTH SIDE 1. H. C. & H. A. Raffle 350.00 S.F. Sidewalk .75 262.50 Box 1662, 78405 Lot 10, Block 7 262.50 Paul Court Addition 2. Earl Mittler, et ux 350.00 S.F. Sidewalk .75 262.50 11430 Whisper Green San Antonio, Tx. 78230 Lot 9, Block 7 262.50 Paul Court Addition 3. James C. Martin 350.00 S.F. Sidewalk .75 262.50 608 Waco 78401 Lot 8, Block 7 262.50 Paul Court Addition 4. Mirece Wilson 350.00 S.F. Sidewalk ..75 262.50 2101 Van Loan 78407 Lot 7, Block 7 262.50 1 Paul Court Addition 5. Raquel R. Aldrighetti 350.00 S.F. Sidewalk .75 262.50 1817 Comanche 78408 Lot 6, Block 7 262.50 Paul Court Addition 6. Max Orshanski, Est. 343.49 S.F. Sidewalk .75 257.62 C/o Abe Block Box 882 78403 257.62 Lot 5, Block 7 Paul Court Addition * Cr. 1 L.F. RTN - TOTAL ASSESSMENT 1 570.12 END COMANCHE STREET SOUTH SITE NO IMPROVEMENTS SONSTRUCTED NORTH SITE • 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 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 of the City Hall in the City of Corpus Christi, Nueces County, on; April 10, 1980, 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 inperson, 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 leastthree tines 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 HAIL, 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 1F THE NAMES OF SUCH RESPECTIVE OWNERS DONOT APPEAR ON SUCH RENDERED TAX ROLLS, THEN ADDRESSED T0 -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 PIVEN 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, 1F THE NAME OF SUCH RESPECTIVE RAILWAYS DO NOT APPEAR ON SUCH RENDEREO 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, 1F 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 SHALL ' AND 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 IMPROVEMENTS AS 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 BEPASSED -FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER L PASSAGE, IT IS ACCORDINGLY SO ORDAINED; THIS THE• DAY OF ATTEST: CI Y SECRETARY APPROVED: B Asst. CITY ATTORNEY 7- DAY OF J. BRUC4 YCOCK, THE CITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Ts �' „L day of � , 19 O q a 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 THE CI F CORPUS CHRISTI, TEXAS The Charter rule was suspendeby 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 passeby the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15446