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HomeMy WebLinkAbout17544 ORD - 03/30/1983AN ORDINANCE APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF SOUTH PADRE ISLAND DRIVE, S.H. 358, NORTH AND SOUTH FRONTAGE ROADS AND BRIDGE APPROACHES TO CAYO DEL OSO BAY 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 APRIL 20, 1983 AT 3:00 P.M., IN THE COUNCIL CHAMBERS; AND DECLARING AN EMERGENCY. WHEREAS, heretofore on the 30th day of March, 1983 the City Council by enactment of Ordinance No. 17543 determined that it was necessary to improve the following by paving and sidewalks, as hereinafter more fully described: South Padre Island Drive, S.H. 358, North and South Frontage Roads and Bridge Approaches to Cayo Del Oso Bay WHEREAS, by the terms of said ordinance, specifications were ordered to be made by the City Engineer for the improvement of the aforesaid street(s), within the limits defined, as provided by said ordinance; and WHEREAS, the said plans and 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 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 City Engineer of the City of Corpus Christi has, inco ca, accordance with the law, filed his report with the City Council, setting 00, o forth the participation by the railway companies and street railway V companies, if any, and the property owners, and the cost thereof, together C/? 19514 mended by Ordinance No...../.243-3-- /9/-i a f' ,yam Data: 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 City Engineer, 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. 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 Texas, and known as Chapter 106 of the Acts of the said Session, together with any amendments thereto, now shown as Article 1105b of Vernon'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 City Engineer, having been duly examined, is hereby approved. SECTION 5. 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 2 street and railway companies whose tracks occupy said street, 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 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 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 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 20th day of April, 1983 at 3:00 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 4 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 7. 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 5 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 30th day of March, 1983. ATTEST: Cdcreta ry 114E4— DAY OF ,IiffisiititV, 1983 J. BRUCE AYCOCK, CITY ATTORNEY MAYOR 6 / /ice/ THE ITY OF CORPUS CHRISTI, TEXAS PRELIMINARY ASSESSMENT ROLL SOUTH PADRE ISLAND DRIVE (S.H. 358) CAYO DEL OSO BRIDGE AND FRONTAGE ROAD This project includes improvements to State Highway 358 and provides for a concrete bridge across Cayo del Oso Bay. The bridge will provide for four lanes of traffic divided by a center 'median barrier. Frontage roads will be constructed along each side of the highway. These roadways will be 30 feet in width to accommodate two lanes of traffic and will be constructed with an 8" lime stabilized subgrade, 20" flexible base, 41" asphalt stabilized base, 1 3/4" Type "B" Hot Mix and a 11" Type "D" Hot Mix asphaltic surface. A 6" curb and a 11/2' concrete gutter section will be constructed on the outboard side and a machine laid header curb constructed on the inboard side of the frontage roads. This project is being constructed jointly by the City and the State Department of Highways and Public Transportation and is an improvement assessment project. Based on the low bid submitted by F & E Erector Company, Inc. and the City's current assessment policy, abutting property owners are assessed at the follow- ing rates: Bid Price Assessment Rate Curb and Gutter $9.72 L.F. $9..2 L.F. Driveways $2.16 S.F. $2.16 S.F. Total Roadway Bid Price $5,916,515.00 State & Federal Share $5,836,295.00 Preliminary Assessments ' $ 15,918.44 City Share $ 64,301.56 Gerald Smith, P.E. City Engineer GS/dl 11 MARCY-22.1983 PAGE 2 DESCRIPTICN TOTAL f! ITEM OWNER AND QUANTITY OF AMOUNT :( NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED • ( CAYC DEL OSO BRIDGE 5 WILLIAM D BONILLA _ 431.70 L.F.C.G.0 PVMT. 9.72 4.196.12 2590 MORGAN 78405_ _ -0- L.F.C.G.0 PVMT. -0- -0- _ _ LOT A RLK 3 -0- S.F. S/W -0--0- SOUTHRAY ANNEX -0- S.F. S/W -0- -0- ( -0- S.F. D/W -0- -0- ( - 0- S.F. D/W -0- -0- 6 UNITED INVESTORS C/O RALPH COOK PO 304 8124 78412 LOT A RLK 2 i SOUTHDAY ANNEX 0 UNAMED DEDICATED STREET '( 4,196.12 ° 163.00 L.F.C.G.0 PVMT. 9.72 1.584.36 - 0- _ L.F.C.G.0 PVMT. -0- -0- - 0- S.F. S/W -0- - 0- S.F. S/W -0- -0- - 0- S.F. D/W -0- -0- -C- S.F. D/W -0- -0- Eh0 N0R7H SIDE END STATION 178.00 END PROJECT ,00 • r CTAL43SES3PEAT$ MARCH 22.1983 PAGE 2 OESCRIPTICN TOTAL C ITEM OWNER AND QUANTITY OF AMOUNT NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED f C l CAYC DEL OSO BRIDGE 5 WILLIAM J BONILLA 431.70 L.F.C.G.E PVMT. 9.72 4.196.12 2590 MORGAN 78405 -0- L.F.C.G.0 PVMT. -0- -0- LOT A BLK 3 -0- S.F. 5/8 -0- -0- SOUTHBAY ANNEX -0- S.F. S/8 -0- -0- -0- S.F. 0/W -0- -0- -0- S.F. 0/W -0- -0- UNAMED DEDICATED STREET 4,196.12 6 UNITED INVESTORS 163.00 L.F.C.G.E PVMT. 9.72 1,584.36 _ ( C/O RALPH LOOK -0- _ L.F.C.G.& PVMT.-0-_ _ -0- PO BOX 8124 7E412 _ -0- S.f. 5/8 -0- -0- LOT A BLK 2 -0- S.F. S/W -0- -0- ( SOUTHBAY ANNEX -0- S.F. D/W -0- -0- _ -C- S.F. D/W -0- -0- 1.584.36- EAD NORTH SIDE END STATICN 178.00 END PROJECT YGTAt-4SSESSREI,TS--Ee 15,-918:44- Corpus Christi, Texas d'day of &Lek , 1983 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; I/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 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed l,, Luther Jones Or Betty N. Turner " Jack K. Dumphy Bob Gulley lif _ Herbert L. Hawkins, Jr. t. _' Dr. Charles W. Kennedy 1 Cliff Zarsky the following vote: 174,1