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Home My WebLink About15622 ORD - 07/02/1980Jkh:7-2-80;1st • AN ORDINANCE REAPPROVING AND READOPTING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOW- ING THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOW- ING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: PORT AVENUE N.H. 102) FROM STATE HIGHWAY 286 TO AYERS STREET; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST LOT 7A, BLOCK 8-1 OF THE PORT AYERS SUBURBAN CENTER ADDITION ABUTTING THE SAID IMPROVE- MENTS AND THE PORTION TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESS- MENT AGAINST THE SAID ABUTTING PROPERTY, REOPENING THE HEARING CLOSED BY ORDINANCE NO. 14794 BY ORDERING AND SETTING A HEARING TO BE HELD ON JULY 30, 1980, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, 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, TO AFFORD THE OWNER OF THE SAID LOT 7A, BLOCK B-1, PORT AYERS SUBURBAN CENTER ADDITION, THE OPPORTUNITY TO BE HEARD; AND DECLARING AN EMERGENCY. • WHEREAS, the City Council of Corpus Christi, by duly enacted ordi- nance passed and approved on the 31st day of January, 1979, determined the necessity for, and ordered the improvement of Port Avenue (M.H.102) from State Highway 286 to Ayers Street, in the manner and according to the plans and specifications approved and adopted by the City Council on January 31, 1979, and the said City Council caused the Director of Engineering and Physical Development to prepare and file estimates of the cost of such improvements and the estimates to be assessed against abutting property, and set a public hearing on February 21, 1979, said hearing having been held in the Council Chambers at City Hall on said date; and WHEREAS, following the aforesaid public hearing, the public hearing was closed and adjustments made to the final assessment roll and assessments levied against abutting property owners on the aforesaid street; and WHEREAS, due to error in property description, the owner of Lot 7A, Block B-1, Port Ayers Suburban Center Addition, was not notified of the public hearing conducted on February 21, 1979, and said owner has requested to be heard concerning the improvements abutting said Lot 7A and the assess- ments proposed to be levied or levied against said property; and WHEREAS, the City Council is desirous of affording the owner of Lot 7A, Block 8-1, Port Ayers Suburban Center Addition, an opportunity to 45) heard: oCPesIIj* • 15f ga ',� 1i • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the written statement of the Director of Engineer- ing and Physical DevelopmentshDwing the various costs for the improvement of the following street in the City of Corpus Christi, Nueces County, Texas, be reapproved and readopted: Port Avenue (M.H. 102) from State Highway 286 to Ayers Street, the same as were adopted by Ordinance No. 14742 and as amended by Ordinance Nos. 14794 and 15503. SECTION 2. That it is hereby found and determined that the cost of improvements on the said Port Avenue (M.H. 102) abutting Lot 7A, Block B-1, Port Ayers Suburban Center Addition, with the amount or amounts per front foot proposed to be assessed for such improvements are as follows, to -wit: -2- CORRECTED ASSESSMENT ROLL PORT AVENUE N.H. 102), FROM STATE HIGHWAY 286 TO AYERS STREET PROJECT NUMBER MR -009(3) JUNE 18, 1980 • This project includes the construction of street improvements within the limits discribed. The improvements shall consist of excavation to a width and depth to provide a roadway of 72' 10" and 77' measured from the'back of the curb with a _ 6" compacted lime stablized subgrade, a 6" flexible base, a 51" asphalt stablized base and 14" hot -mix asphaltic concrete. Standard 4" thick reinforced sidewalks and 6" thick reinforced concrete driveways will be constructed according to the plans and specifications of the State Department of Highways and Public Transportation. This project is being constructed jointly by the City and the State Department of Highways and Public Transportation. This is an -Improvement assessment project and abutting property owners are assessed in accordance with the assessment policy of the City of Corpus Christi. Based on the low bid submitted by Heldenfels Brothers, Inc. and the assessment policy, the assessment rates are as follows: Curb, Gutter & Pavement @ $53.92 per L.F. Sidewalk @ $10.81 per S.Y. Driveway @ $ 2.54 per S.F. Header Curb. @ $ 5.86 per L.E. Maximum assessment rate established by City Ordinance: Curb, Gutter & Pavement Sidewalk Total Contract Price Federal/State Share • City Share Final Assessments @ $14.25 per L.F. @ $ .75 per S.F. $1,211,279.46 772,529.46 438,750.00 $ 194,571.42 James f6 \Piyr/ice es KR. on R. s, .E., Director Engineering & Physical Development • ER 0. OWNER M D PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT • TOTAL AMOUNT ASSESSED • PRELIMINARY ASSESSMENT ROLL PORT AVENUE.• ' S.H. 286 TO AYERS ST. • 4C Stephen Leon Loeb Tr. 136.95 L.F. C.G.6 PVMT. 14.25 1,951.54 C/o Pizza Ian Inc. 347.80 S.F. SIDEWALK .75 260.85 Boa 22247 296.52 S.F. D/W 1-25C 2.54 753.16 Dallas, Texas 75222 296.52 S.F. D/W 1-25C 2.54 753.16 Lot 7A, Block B-1 $3.718.71 Port Ayers Suburban Center B-4 - • • - "i • 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 parcel of property and the 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 the owner of property abutting said Port Avenue (M.H. 102), said property being described as Lot 7A, Block B-1, Port Ayers Suburban Center Addition, situated in the City of Corpus Christi, Nueces County, Texas, as to the amount to be assessed against said owner and his abutting property, 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 City Council Chambers, City Hall, in the City of Corpus Christi, Nueces County, Texas, on the 30th day of July, 1980, at 3:00 P.M., at which time said owner or his agent or attorney may appear and may offer evidence. The hearing closed by Ordinance No. 14794 is hereby reopened only as to the property hereinabove described. 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 amendment thereto, now shown as Article 1105b of Vernon's Texas Civil Statutes, which said law, as an alternative method for the construction of street improve- ments 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, the first publication to be made at least 21 days before the date of such 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 owner of Lot 7A, Block B-1, Port Ayers Suburban Center Addition, and at the address shown on the current rendered tax rolls of the City of Corpus Christi or -3- • • if not rendered, then as shown on the unrendered tax roll of said City at the address 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, street or portions thereof to be improved, state the estimated amount or amounts per front foot proposed to be assessed against the owner 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 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 owner to receive said notice, shall not invalidate these proceedings. SECTION 4. That the need for the readoption of the plans and proceedings with the improvements as herein provided and the importance of providing an opportunity of the aforesaid property owner to appear before the City Council and be heard concerning assessments abutting his property 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 that such emergency and necessity 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 Ay-iLlay of July, 1980. ATTEST: APPROVED: 2nd DAY OF JULY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 4R/)4 Slay of_________, , 19 gr 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 Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky MAY TH TY OF CORPUS CHRISTI, TEXAS suspended by the following vote: 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: 15