Loading...
HomeMy WebLinkAbout18933 ORD - 07/23/1985AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Timbergate Drive Timbergate Drive, from Crossgate Subdivision to South Staples Street; FINDING THAT THE OWNERS OF PROPERTY ABUTTING THE IMPROVEMENTS VOLUNTARILY AGREED TO PAY THE COST THEREOF; MAKING NO ASSESSMENT THEREFOR; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the llth day of June, 1985, determined the necessity for, and ordered the improvement of the following streets: Timbergate Drive Timbergate Drive, from Crossgate Subdivision to South Staples Street; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated June 11, 1985, a duly executed notice of said ordinance having been filed in the name of the said City with the County Clerk of Nueces County, Texas; and WHEREAS, the said City Council has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot proposed to be assessed against the property abutting upon a portion of the aforesaid streets within the limits herein defined, to be improved, and the real and true owners thereof, and said City Engineer has heretofore filed said estimates and a statement of other matters relating thereto with said City Council, and same has been received, examined and approved by said City Council; and WHEREAS, said City Council, by duly enacted ordinance dated June 11, 1985, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on the above named streets, within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated June 11, 1985, did order and set a hearing to be held at 2:00 p.m. on the 2nd day of July, 1985, in the Council Chambers, City Hall, 302 S. Shoreline, in the City of Corpus Christi, Texas, for the real and true owners of the property abutting upon said streets, within the limits above defined, and for all others owning or claiming any interest in, or otherwise interested in said property, or any of said matters as to the assessments and amounts to be assessed against each parcel of abutting property and the real and true owner or owners thereof, and as to the special benefits to accrue to said abutting property by virtue of said improvements, if any, or 03P.144.01 18933 MICROFILMED • concerning any error, invalidity, irregularity or deficiency in any proceedings, or contract, to appear and be heard in person or by counsel and offer evidence in reference to said matters; and the City Council did by said ordinance order and direct the City to give notice of said hearing to the owners abutting upon said streets as shown by the current ad valorem tax roll by mailing such notice to such owners and publishing said notice at least three times in the Corpus Christi Times before the date of the hearing, such notice of mail and by publication being in compliance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes of Texas; and WHEREAS, such notice was given said owners of property as shown on the current ad valorem tax roll within the limits of the streets being improved by mailing such notice at least fourteen (14) days prior to the hearing to such owners and by publishing three times notice of such hearing in the Corpus Christi Times, the first of which publication was at least twenty-one (21) days prior to the date of said hearing; both forms of notice being in compliance with and containing the information required by Article 1105b, Vernon's Annotated Civil Statutes; and WHEREAS, after due, regular and proper notice thereof, all as provided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on July 2, 1985, in the Council Chambers, City Hall, 301 S. Shoreline, in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said abovementioned persons, firms, corporations and estates, their agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and offered the following testimony: The City Engineer advised that the owners of the two parcels described on the assessment roll were in the process of preparing an agreement whereby the costs of said improvements would be shared by the parties and voluntarily be paid in accordance with said proposal. The City Engineer further advised that said hearing should be recessed to allow the parties sufficient time to effectuate said agreement. WHEREAS, no further parties appearing and no further testimony being offered as to the special benefits in relation to the enhanced value of said abutting property as compared to cost of the improvements of said portion of said streets proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceeding or contract heretofore had in reference to the portions of said streets to be improved; and WHEREAS, further proceedings in connection with said hearing were recessed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 03P.144.01 • SECTION 1. That said City Council hereby finds and determines that by Ordinance No. 18874 adopted by the City Council on the llth day of June 1985, authorizing an agreement with the Second Baptist Church, said owner with participation by owners of the remaining tract abutting the improvements to be constructed in Timbergate Drive, have voluntarily agreed to pay the full cost of said street construction; and, the City Council further finds, therefore, that no assessment for such costs is made or levied against said abutting property. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by the closing of such hearing on public street 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 23rd day of July, 1985. ATTEST: City Secretary MOM APPROVED : AY OF JULY, 1985: Assistant City`/orney 03P.144.01 THE CITY OF ORPUS CHRISTI, TEXAS Corpus Christi, Te 4;5 d day of , 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 CI "OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack. Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 18933