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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