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
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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
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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
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