HomeMy WebLinkAbout021353 ORD - 03/24/1992AN ORDINANCE
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF
VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET:
REDBIRD LANE FROM CALALLEN DRIVE TO INTERSTATE HIGHWAY 37
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 DURING A
MEETING OF THE CITY COUNCIL ON APRIL 21, 1992, IN THE COUNCIL
CHAMBERS, CITY HALL, 1201 LEOPARD STREET, CORPUS CHRISTI,
TEXAS; AND DECLARING AN EMERGENCY.
WHEREAS, on the i dax of / 0 ✓! , 19r L , the City
Council by enactment of Ordinance No. (, 5,r determined that it was necessary
to improve the following by paving and sidewalks, as hereinafter more fully described:
Redbird Lane from Calallen Drive to Interstate Highway 37
Collectively called "Streets" herein.
WHEREAS, said ordinance ordered the City Engineer to prepare for the
improvement of the said Streets;
WHEREAS, the said plans and specifications have been prepared and are now
submitted to the City Council for approval and adoption;
WHEREAS, the Corpus Christi City Council determined the necessity of
levying an assessment for a part of the costs of improving said Streets against the property
and owners thereof abutting upon said Streets; the public hearing on said assessments shall
be during City Council meeting on ;
WHEREAS, City Council ordered said Street improvements. If any existing
curbs and gutters meet enumerated specifications and can be utilized they shall be left in
place and the affected property owners assessments shall be credited; and
WHEREAS, the City Engineer has filed his report setting out the names of the
property owners and a property description, the improvements to the abutting Streets and
the amount to be assessed against each lot or parcel and its owner.
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021353
MICROFILMED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the plans and specifications presented to the City Council
by the City Engineer, having been carefully considered, are hereby approved and adopted
for the improvements of said Streets.
SECTION 2. That the City Secretary 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 Caller -Times. 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 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 street and railway companies whose tracks
occupy said street, if any, are as follows, to wit:
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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, 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 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 during a meeting of the City Council on April 21,
1992, in the Council Chambers, City Hall, 1201 Leopard Street, Corpus Christi, Nueces
County, Texas, 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 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 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 Article.
The City Secretary is 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. 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
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portions thereof, 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 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 at three
regular meetings so that this ordinance is passed and shall take effect upon first reading as
an emergency measure this the day of , 1992.
A 1'1 EST:
APPROVED: DAY OF i }' U > , 1992
JAMES R. BRAY JR., CITY ATTORNEY
By 1 C. Yltmk !G C ax) )(Li
Assistant City Attorney J
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MAYOR
THE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
24 day of MTh el')
,19 (32
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CI'T'Y F CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
at lc:
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Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
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