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HomeMy WebLinkAbout15488 ORD - 04/23/1980• 4 -18 -80 -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 IDE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: ELLA"BARNES UNIT'18 .1. Cheyenne Street, from Baldwin Boulevard to Agnes Street;. .2. Osage Street; from Chippewa` Streetto Agnes. Street, '3. Eleanor.Street,-from Ruth Street to Agnes -Street, 4. Navajo Street, from Osage Street to•Baldwin .Boulevard, 5. Chippewa, Huron and Lou Streets; from Osage Street to Virginia'Street, 6. Ruth Street, from Eleanor ,Street to Osage Street, . 7. Mary Street, from Francisca Street.to Eleanor Street, 8. Elesa Street, from Mary Street to Agnes Street, DETERMINING AND FIRING 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 ABUTTING PROPERTY; ORDERING AND ShIrING A HEARING To BE HELD MAY 21. 1980. AT -7:00 P.M.. IN THE CAFETERIA OF ZAVALA ELEMENTARY SCHOOL, 3102 HIGHLAND AVENUE 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 THH CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, heretofore, on the 23rd day of April, 1980 . the. City Council by enactment of Ordinance No. 15487 determined that -it was necessary to improve the following by paving and sidewalks, as hereinafter more fully described: .1. Cheyenne Street, from Baldwin Boulevard to.Agnes Street, •.2. Osage Street, from Chippewa'Street to Agnes Street,. '3. Eleanor. Street, from Ruth Street to Agnes.Street, 4. Navajo Street, from Osage Street to•Baldwin Boulevard, 5. Chippewa; Huron and Lou Streets, from Osage Street to Virginia Street, 6. Ruth.Street, from Eleanor. Street to Osage Street, 7. Mary Street, from Francisca Street'. to Eleanor Street, 8. Elesa Street, from Mary Street to -Agnes 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 hit zzit‘iiTiLMEA 15488 AUG . g Law WHEREAS, 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 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 railway 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 bas, in accordance with the law, filed bis 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 coat 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 ail other matters required by the applicable law: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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. -2- 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 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 Teas, and known. as Chapter 106 of the Acts of the said Session, together with any amend- ments thereto, now shown as Article 1105b of Vernoa'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- • All assessments, however, are to be made and levied by the City Council as it may deem just and equitable, having is 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 i and railways and street railways, and as to -the benefits to said property by reason of said improvement, or any other natter or thing in connection therewith, which hearing shall be held in the Cafeteria, Zavala Elementary School. 3102 Highland Ave..City of Corpus Christi, Nneces County, Tetras, on the 21st day of May , 1980 , at 7:00 P.M., at which time all the said owners, their agents or attorneys or other interested persona are notified to appear and be heard, and at said hearing said owners and other persons nay appear, by counsel or in person, and nay 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 shames Article 1105b df 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. -4- • 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 ofstreets 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 tam rolls of said City at the addresses -shown thereon;. and when a_apecial tam 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 data 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-auch rendered tax rolls of the City, then addressed to such railways -or street railways as the names shown on the current-anrendered 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 bight -key. 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 bearing 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, turnauts,.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 -5- 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 2 day of ATTEST: Aa i1 , 1980 . C e . etary, , 'ya ta91( APPROVED: 21St DAY OF April , 19 80. THE OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 23 day of ,19YO 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, The Charter rule was suspend 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 passe. by the following vote: Luther Jones / Edward L. Sample 1 Dr. Jack Best ' David Diaz Jack K. Dumphy Betty N. Turner /. . Cliff Zarsky 1 . 15488 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING CAFETERIA, ZAVALA ELEMENTARY SCHOOL 3102 HIGHLAND AVENUE MAY 21, 1980 7:00 P.M. PRESENT: Mayor Luther Jones Council Members: David Diaz Jack K. Dumphy Cliff Zarsky ABSENT: Mayor Pro Tem Edward L. Sample Dr. Jack Best Betty N. Turner City Manager R. Marvin Townsend Asst. City Attorney Robert Coffin Acting Asst.City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order at Zavala Elementary School, introduced the Council Members present, and stated that the purpose of the Special Meeting was to conduct a public hearing on the assessment hearing on Street Improvements for the Ella Barnes Unit 1B Street Improvement Project and also on the closing of several portions of street rights-of-way, a portion of Navajo Street and a portion of Mary Street. Acting Assistant City Secretary Dorothy Zahn verified that the necessary quorum of required Charter Officers was present to conduct a legally constituted meeting. Motion by Diaz that Mayor Pro Tem Edward L. Sample, Council Member Jack Best, and Council Member Betty N. Turner be excused for Just cause; seconded by Zarsky; and passed unanimously. Mayor Jones explained that part of the funds for this project were included in the 1977 Bond Program and a portion of the funds will be provided by the Community Development Program. He also stated that the property owners will pay only approximately 20% of the cost of the street improvements. City Manager R. Marvin Townsend further explained that this public hearing is actually a combined hearing to consider the assessments associated with the street Improvement project and the closing of three small parcels of Ruth -Huron street rights-of-way,a portion of Navajo Street from Baldwin Boulevard to Virginia Avenue and a portion of Mary Street Immediately west of Eleanor Street. He then requested that one of the residents of the area be allowed to make a statement. 1 • Minutes Special Council Meeting May 21, 1980 Page 2 Mr. Vidal Najar stated that he was Instrumental in obtaining the signatures on the Voluntary Paving Petition which resulted In the realization of this street improvement protect and expressed appreciation to the Council Members for attending the meeting. City Manager Townsend called on Assistant City Attorney Robert Coffin to conduct the public hearing on the preliminary assessments. Assistant City Attorney Coffin informed the Council that this hearing is required by Article 1105 of the State Statutes and the purpose of the hearing Is to determine If the assessments levied will enhance the affected property at least in the amount of the assessments. Mr. Coffin called as his first witness, Mr. Gerald Smith. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith is a registered professional engineer in the State of Texas; he is a graduate of the University of Texas at Austin; that his current position is Chief Engineer in the Department of Engineering and Physical Development for the City of Corpus Christi; that he has been employed by the City for over 20 years; and that he is thoroughly familiar with the Ella Barnes Unit 1B Street Improvement Protect. Mr. Coffin then asked Mr. Smith to describe the project. Chief Engineer Smith explained that the project is the third and last phase of the Ella Barnes Street Improvement projects; funding will be provided from the 1977 Bond Program and the 5th Year Community Development Program; and the protect was included in the bond program as a result of Voluntary Paving Petitions. Mr. Smith referred to a map projected on the screen and located the following streets which are included in the project: 1. Cheyenne Street, from Baldwin Boulevard to Agnes Street; 2. Osage Street, from Chippewa Street to Agnes Street; 3. Eleanor Street, from Ruth Street to Agnes Street; 4. Navajo Street, from Osage Street to Baldwin Boulevard; 5. Chippewa, Huron and Lou Streets, from Osage Street to Virginia Street; 6. Ruth Street, from Eleanor Street to Osage Street; 7. Mary Street, from Francesca Street to Eleanor Street; and 8. Elesa Street, from Mary Street to Agnes Street. Chief Engineer Smith Informed the Council that the streets will be con- structed by excavation to a width and depth to permit the laying of a standard 6" 1 • Minutes Special Council Meeting May 21, 1980 Page 3 compacted subgrade, 8" compacted caliche base and 1}" or 2" Type "D" Hot -Mix Asphaltic surface for a 28' wide street on Comanche Street and a 26' wide street on the other streets. Mr. Smith stated that also included in the project will be 4' or 5' wide reinforced sidewalks 4" thick and 6" thick reinforced driveways as shown on the construction plans or as requested by the property owners. Mr. Smith continued by stating that the lowest bid was that submitted by King Construction Company in the amount of $1,131,964.50; the total preliminary assessments is $254,606.90; and the City portion of the protect will be $877,357.60. He explained the method of computing the assessment rates, noting that the maximum rate for one and two-family residences, churches and schools will be $4.75 per linear foot for curb, gutter and pavement and $0.75 per square foot for sidewalks. Mr. Smith also stated that commercial properties Included in the project will be assessed at commercial rates. He noted that the project assessment roll consists of 250 items. Chief Engineer Smith also mentioned the streets proposed for closing as a part of this project, i.e., Mary Street, immediately west of Eleanor Street, and Navajo Street from Baldwin Street to Virginia Street. He stated that the first street is unopened and the second intersects Baldwin at an acute angle. Mr. Smith also stated that during this public hearing, consideration will be given to the closing of street rights-of-way, which he located on the map. For the benefit of the members of the audience who did not speak English, Mr. Victor Medina, Construction Inspector who is a registered engineer In the State of Texas, translated the foregoing Into Spanish. Chief Engineer Smith explained the reason for the closing of the various streets. Assistant City Attorney Coffin inquired as to the anticipated date of com- pletion of this project, and Mr. Smith stated that the project will require 300 working days, which will be approximately 15 months. He also pointed out that new water lines will be installed as a part of this project. Chief Engineer Smith informed the audience that payments of the assess- ments will not be due until the protect is completed; cash payments will be accepted; or the property owners may pay their assessments in equal installments ti Minutes Special Council Meeting May 21, 1980 Page 4 over a five-year period at an Interest rate of 54%, indicating further that in hardship cases, the period of time may be extended up to 10 years. Assistant City Attorney Coffin called as his next witness, Mr. William J. "Bill" Holly, Real Estate Broker. Through questioning of Mr. Holly, Mr. Coffin determined that he is a qualified real estate appraiser and broker registered in the State of Texas; that he has been practicing this profession for 28 years; that he has been appraising property in the City of Corpus Christi and Nueces County for that period of time; and that he is thoroughly familiar with the property included in the Ella Barnes Area Street Improvement, Unit 1B, project. Mr. Holly also testified that he Is quite familiar with this entire area and that he has examined each and every one of the parcels listed on the prelimi- nary assessment roll. Mr. Coffin asked Mr. Holly if, in his opinion, all of the properties on the assessment roll will in fact be enhanced at least in the amount of the assessments. Mr. Holly stated that 50 pieces of property are zoned either commercial or apartment but are occupied by single-family dwellings, but if these properties were zoned to reflect their actual use, they would also be enhanced at least in the amount of the assessments. Mr. Holly further testified that he only found one odd -shaped lot that is triangular in shape on which he recommended an adjust- ment, as follows: Item No. 1 Owner - Aileen Moore Waters Property - Lots 6 and 7, Block 27, Meadowpark Addition Suggested reduction - $298.90 In regard to the parcels that are listed on the tax rolls as "1-2" or "A-2" zoned property, City Manager Townsend explained that if the property owners agreed to have their property downzoned to "R -1B", the City will initiate the necessary zoning changes, which will enable the City to reduce the assessments on such property. Mr. Townsend suggested that those property owners so affected sign a list requesting that their property be rezoned to order to obtain such a reduction. Assistant City Attorney Coffin stated that this concludes the formal testi- mony for this hearing. ti Minutes Special Council Meeting May 21, 1980 Page 5 Mayor Jones called for comments from the audience in regard to this project. City Manager Townsend suggested that the members of the audience be allowed to address any one of the three matters under consideration, including the assess- ments, the street closings and the abandonment of street rights-of-way. An unidentified gentleman inquired about the traffic situation at the Intersection of Huron -Ruth Streets. Chief Engineer Smith explained that the planned curve will improve the traffic at this location, which now has an abrupt "dog leg." Mr. Stephen Ayala expressed opposition to the closing of a portion of Navajo Street because he feels that the owner immediately in front of his property might construct a fence, thereby blocking the view of his property from Baldwin Boulevard. City Manager Townsend stated that provided there are no comments from other members of the audience, the staff will be glad to work with Mr. Ayala and the other property owners to see if something can be worked out in regard to this street closing. Ms. Frank Pedraza, 502 Cheyenne, stated that her family owns an apartment building at the corner of Cheyenne and Navajo; they have 16 units and plan addi- tional construction; a number of the residents travel through Navajo Street; and they would prefer that the street not be closed. City Manager Townsend explained that the reason the staff recommends the closing of this portion of the street is because it is very dangerous to have streets intersecting in this manner. Mr. Tom Stewart, Director of Traffic and Transit, confirmed this statement and noted that when two streets intersect at a sharp angle, a hazardous situation exists, and the closing of this portion of Navajo Street will eliminate the con- dition. Mr. Ernest Brlones, Director of Planning and Urban Development, explained to the property owners in English and Spanish the method by which they may request that their property, if it is being utilized for single-family dwellings, can be downzoned from commercial or apartment use to "R -1B" in order to obtain a lower assessment rate. Mr. Briones suggested that they sign the petition being circu- lated, following which the City will initiate the zoning process. Minutes Special Council Meeting May 21, 1980 Page 6 Mr. Ausenclo V. Chapa, 818 Eleanor Street, spoke in Spanish and expressed opposition to the closing of the portion of Mary Street. Mr. Briones explained that this portion of the street is not now open and only exists on paper. Mr. Chapa then suggested that the City purchase the lot between Osage Street and Eleanor Street in order that Mary Street could be extended through to Osage Street to provide better traffic circulation for this area. City Manager Townsend agreed that this suggestion has merit and stated that the staff will be glad to examine this possibility. An unidentified lady in the audience inquired as to why the City crews never sweep the streets in this area. Mr. Smith explained that the Street Division crews concentrate on the major streets; it is difficult for them to sweep the streets when there are no curbs and gutters and cars are parked along the street; but he stated that when the streets are improved through this protect, the Street Division crews will be able to sweep the streets in this neighborhood. Mayor Jones also assured the property owners that their streets will be swept as soon as the construction protect is completed. No one else spoke in regard to the matters under consideration. Mayor Jones stated that he had enjoyed attending the meeting with the citizens of this neighborhood. The other Council Members addressed the audience and expressed the same sentiments. City Manager Townsend introduced members of the City staff who will be working with the citizens of this area on this street improvement protect. There being no further business to come before the Council, on motion by Diaz, seconded by Zarsky and passed unanimously, the Special Council Meeting was adjourned at 8:20 p.m., May 21, 1980.