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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. AG5000.099.kp 1 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: AG5000.099.kp 2 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 AG5000.099.kp 3 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 AG5000.099.kp 4 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: 0h5k1& Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045