HomeMy WebLinkAbout17207 ORD - 08/18/1982AN ORDINANCE
APPROVING THE WRITTEN STATEMENT OF THE DIRECTOR OF
ENGINEERING AND PHYSICAL DEVELOPMENT OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREETS:
Spohn Hospital Area
1. Furman Street, from South Staples Street to South
Caranchua Street,
2. Hancock and Buford Streets, from South Staples Street
to Santa Fe Street,
3. Booty Street, from South Staples Street to Ayers
Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to
Hancock Street;
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED
AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY
THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY
ROLL FOR SEPTEMBER 22, 1982, AT 7:00 P.M. , IN THE
COUNCIL CHAMBERS AT CITY HALL; AND DECLARING AN
EMERGENCY.
WHEREAS, heretofore on the 18th day of August, 1982 the City
Council by enactment of Ordinance No. 17207 determined that it was necessary
to improve the following by paving and sidewalks, as hereinafter more fully
described:
Spohn Hospital Area
1. Furman Street, from South Staples Street to South
Caranchua Street,
2. Hancock and Buford Streets, from South Staples Street
to Santa Fe Street,
3. Booty Street, from South Staples Street to Ayers
Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to
Hancock Street;
17207
SEP 2 1984
MICKEILMED
0
WHEREAS, by the terms of said ordinance, the Director of
Engineering and Physical Development was ordered to coordinate the
preparation of plans and specifications under the terms of the City's
agreement with the State Department of Highways and Public Transportation for
the improvement of the aforesaid street, within the limits defined, as
provided by said ordinance; and
WHEREAS, the said plans and specifications have been prepared; 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 theretofore, 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, and
the cost thereof, together with the names of the owners and the description
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 COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the plans and specifications so presented to the
City Council of the City of Corpus Christi by the Director of Engineering and
Physical Development, having been carefully considered by the City Council,
the same are hereby, approved and adopted for the improvements of said street
hereinabove enumerated, within the limits defined.
SECTION 2. The City Council, in initiating this proceedings, is
acting under the terms and provisions of the Act passed at the First Called
Session to 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 Civil Statutes, as an
alternative method for the construction of street improvements in the City of
Corpus Christi, Texas.
SECTION 3. That the report or statement filed by the Director of
Engineering and Physical Development, having been duly examined, is hereby
approved.
SECTION 4. That it is hereby found and determined that the cost of
improvements on the hereinafter described street, within the limits defined,
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 street, if any, are as
follows, to wit:
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 5. 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 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 City Council Chambers, City Hall, in the City of
Corpus Christi, Nueces County, Texas, on the 22d day of September, 1982 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 to 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, 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 owners of
street 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 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 of 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 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 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 6. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
take immediate action to preserve and protect public property by expediting
the construction of public improvements, such finding of an emergency is made
and declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shall take effect upon first reading as an emergency
measure this the Ai day of August, 1982.
ATTEST:
Secretary MA
APPR,VgD:
jc DAY OF atir,, 1982
J. BRUCE AYCOCK, CITY TORNEY
By
Assistant City ey
op.
OF
THE CI CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
/day of
8lbat— , 1982
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is,
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
The above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYO
THE CIT OF CORPUS CHRISTI, TEXAS
passed by the following vote:
17207
THE STATE OF TEXAS §
COUNTY OF NUEC S §
253176
NOTICE
DEED RECORDS -
vot.18341,AGE 292
R011779 IMAGE 281 n
KNOW ALL MEN BY THESE PRESENTS:
That the city of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the 18th day of August, 1982, by
Ordinance No. 17207 determined the necessity for and ordered the improvement
of a portion of the following street:
Spohn Hospital
1. Furman Street, from South Staples Street to South Caranchua
Street,
2. Hancock and Buford Streets, from South Staples Street to Santa
Fe Street,
3. Booty Street, from South Staples Street to Ayers Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to Hancock Street
within the City of Corpus Christi, Nueces County, Texas, said streets within
the limits above described to be improved by the raising, grading, filling,
widening, paving, repaving or repairing same and by the construction,
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. 17207 , passed by the City Council on the 18th
day of August, 1982, 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 one hundred
' twenty (120) 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
ROIL 779 NAGE 282
paid, together with interest thereon at the rate of eight percent (8%)
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.
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 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 has caused this Notice to be
.--„1/4.1 S
--"-IPMJ1:144,111,G. Read, City Secretary, and the official seal of the City to
13:),,i ' •
,rnet7›''5•0 S
oLattpxed,this the 3.g1=' day of August, 1982.
.,,,)••„.. -1 /
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally
appeared BILL G. READ, City Secretary of the City of Corpus Christi, known to
CITY OF CORPUS CHRISTI
By
Bi G. Read, Cillek:Ty
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 purpose and consideration therein expressed, and as the act and deed
of said City of Corpus Christi.
GIVEN UNDER MY HAND
1982.
AND SEAL this the ‘,9 3.-4-e day of
7_.d,a-54,gfra 7/-7
Notary PublAc
mY Commission Expire9 -
Nueces County/State of Texas
olitTle OE TEXAS I
count ofi NUECED
1 hereby aartify that this Instrument Wee Farago
deb end et the time stamped hereon by me; Ind was,
RECORDED, in the Voiume and Page of the wed
of Nueces County, Texas, as stamped hereon by me, on 1.
AUG 24 1982
414
COUNTY CLERK,
NUECES COMP!. TEXA
&cum
City of C. C.
Legal Department
P. 0. Box 9277
C. C., Tx. 78408
VOL igg'47EOR