HomeMy WebLinkAbout14673 ORD - 12/20/1978+ j kh":-.1- 2 -20 -78 ;1 s t
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AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
NORTH CARANCAHUA STREET FROM BUFFALO STREET TO WINNEBAGO
STREET:
WINNEBAGO STREET FROM NORTH CARANCAHUA STREET TO UPPER
BROADWAY:
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING
SAID STREETS WILL BE SPECIFICALLY BENEFITED AND
ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE-
MENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND
CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLEC-
TION; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council.of Corpus Christi, Texas, by
duly enacted ordinance passed and approved on the 8th day of
November , 1978, determined the necessity for, and ordered the
improvement of the following streets:
North Carancahua Street from Buffalo Street to
Winnebago Street;
Winnebago Street from North Carancahua Street to
Upper Broadway,
246, 3 DUL 0 81980
in the manner and according to the plans and specifications
heretofore approved and adopted by'the City Council by ordi-
nance dated November 8 , 1978, 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, said City Council of the City of Corpus
Christi, Texas, after having advertised for and received bids
on the construction of said improvements for the length of time
and in the manner and form as required by the Charter of said
City and the laws of the State of Texas, and after having duly
and regularly made appropriation of funds available for such
Purpose to cover the estimated cost of said improvements to said
City, all as provided by the Corpus Christi City Charter and by
law, did award a contract for the construction of said improve-
ments to their lowest and most advantageous bid and said contract
has been awarded to King Construction Company ,
as authorized by ordinance No. , dated December 20 , 1978
and the performance bond required by said contract has been pro-
perly furnished by said contractor and accepted by the said City
Council of said City as to form and amount as required by the
Charter of said City and the laws of the State of Texas; and
WHEREAS, the said City Council has caused the Director
of Engineering and Physical Development 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, ands
said Director of Engineering & Physical Development 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
ra
WHEREAS, said City Council, by duly enacted ordinance
dated November 8 , 19_Za, did determine the necessity of
levying an assessment for that portion of the cost of construct-
ing 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 November 8 ,
1978, did order and set a hearing to be held at 3:00 P.M. on
the 6th day of Dpcamhar , 1918_, at rn,,ncil Chemharc, c,t�f Wall ,
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 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 four-
teen (14) days prior to the hearing to such owners and by publish-
ing three times notice of such hearing in the Corpus Christi Times,
the first of which publication was at least twenty -one (21) days
3
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 December 6 , 19Z, in the Council Chambers at City Hall
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:
i.
4
mutes
Regular Council Meeting
December 6, 1978
Page 10
,ex lained that 6" curbs are planned for the adjacent business property and 4" curbs
will installed on the residential property; and stated that the necessary storm
sewers wi 1 also be installed. Mr. Smith also informed the Council that all of the
residential roperty involved in the assessment roll sides on Sacky Drive, and the
,property owners f such property will pay only 50% of the usual residential assess-
ment rate. He also stated that since a street does not actually exist at this time,
the owners of the comm cial property will be assessed to the center line of the
street. Mr. Smith also me tioned that the owners of the Lexington Manor Apartments
previously agreed to pay for a -half of the street construction which abuts their
property.
City Attorney Aycock called his next witness Mr. W. J. (Bill) Holly, a
licensed Real Estate Broker in the State of Texas. Mr. Aycock established Mr.
Holly's competency to testify in regard to ese preliminary assessments and
determined that he was familiar with the area a d had examined each and every
piece of property abutting on the proposed extensi of Sacky Drive.
Mr. Holly testified that, in his opinion, each and every piece of property
included in the assessment roll would be enhanced at leas in the amount of the
assessment to be levied. He also assured the Council that th re were no irregular
or odd - shaped lots involved in this project.
There were no questions from the Council or from the audien in regard to
this project.
Motion by Diaz that the hearing be closed, seconded by Sample and p ssed
unanimously.
Mayor Lozano announced the scheduled public hearing on the following:
(b) Preliminary assessment roll for improvements to N. Carancahua St. from -
Winnebago to Buffalo and Winnebago from N. Carancahua to Upper Broadway.
The assessment roll has been prepared in accordance with the current assessment
policy based on the low bid of King Construction Company of $40,177.40. The
preliminary roll totals $5,731.08 and involves 3 parcels.
City Manager Townsend stated that this assessment hearing is for North
- Carancahua Street from Winnebago to Buffalo and Winnebago from N. Carancahua to
Upper Broadway; there are no assessments involved on the Winnebago Street portion;
Y=
nutes
Regular Council Meeting
December 6, 1978
Page 11
and there are only three items included in the assessments for North Carancahua
Street, for a total of $5,731.08. He informed the Council that the lowest bid
was submitted by King Construction Company in the amount of $40,177.40. He then
requested that City Attorney J. Bruce Aycock preside in establishing testimony in
connection with the preliminary roll.
City Attorney Aycock explained that this hearing is required by the State
law pertaining to paving assessments, and the purpose of this hearing is to develop
facts by which the Council may make a determination that the subject property
involved will actually be enhanced at least in the amount of the preliminary
assessments.
City Attorney Aycock called as his first witness Mr. Gerald Smith, P.E.,
Chief Engineer of the Department of Engineering and Physical Development. Mr.
Aycock questioned Mr. Smith and determined that he is a qualified Registered
Engineer in the State of'Texas, is employed by the City of Corpus Christi, and
that he is familiar with the North Carancahua Street project. Mr. Aycock then
asked Mr. Smith to explain the method of computing the preliminary assessment
roll and also the construction project.
Mr. Smith located the area on the map and stated that the low bid of
$40,177.40 was submitted by King Construction Company. He then displayed before
the Council a drawing which demonstrated the type of construction that will be
employed on this project. Mr. Smith explained that the assessment rates have
been computed for these properties, but the staff is recommending that the full
assessment allowed according to-the assessment ordinance not be levied. He stated-
that instead, the staff has proposed to levy assessments for new concrete only, or
the new curb, gutter and sidewalk, but not for the widening of the street.
City Manager Townsend elucidated that according to the assessment ordi-
nance, the City was allowed to charge the abutting property owners for a portion
of the cost of widening the street, for the curbs, gutters and sidewalks, less a
credit for the existing sidewalks, curbs and gutters.
Council Member Holt referred to the preliminary assessment roll, noted
that one parcel of land was owned by the County, and asked Mr. Smith to locate this-,
particular piece of property. Chief Engineer Smith located the property in question
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informed Mr. Holt that the property is being used for parking.
City Manager Townsend further explained that the City staff had attempted
to work out some type of arrangement with the County and the other property owner
in the area, Real Estate Investment Trust of America, whereby 10 additional park-
ing spaces could be constructed on this lot. Mr. Townsend also pointed out that
ordinarily other government entities pay paving assessments on a voluntary basis,
and he was not sure whether or not Nueces County would pay the assessment on their
property.
Speaking on behalf of the Real Estate Investment Trust of America was Mr.
Jimmy Welder, Attorney, who asked City Manager Townsend who the staff had talked
with in regard to the possibility of combining the parking lots.on the triangular
piece of property, indicating that he and his clients were not aware of this
Possibility. City Manager Townsend stated that Mr. Tom Stewart and Mr. Tom Utter
had attempted to work out some type of plan to increase the parking capacity, but
he was not sure just who they had talked with. He indicated that the City would
still be willing to, discuss such a plan further.
Mr. Welder stated that it was his understanding that the company he repre-
sents is not being charged for a portion of the cost for widening the street, but,
instead, they are not being given credit for existing improvements, and in his
opinion, they should be given credit for the sidewalk, even though it is old.
City Manager Townsend explained that according to the assessment ordinance,
the City has the right to assess abutting property owners 90% of the cost of pave
ment and 100% of the cost of curbs, gutters and sidewalks; that historically, this
City has given credit for curbs, gutters and sidewalks that are in place; and in
this instance, the Engineering staff had attempted to avoid having to determine the'
value of the 40 -year old curbs, gutters and sidewalks, but had recommended a lower
assessment rate, including only $.75 per square foot for the sidewalks.
Mr. Welder stated that he felt that the existing improvements on his
client's property are in pretty good condition, expressed the opinion that credit-,
should be given for the improvements, and questioned the Council's procedure in
approving this project approximately two months ago, noting that his client had
not been consulted at that time.
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minutes
Regular Council Meeting
December 6, 1978
Page 12
informed Mr. Holt that the property is being used for parking.
City Manager Townsend further explained that the City staff had attempted
to work out some type of arrangement with the County and the other property owner
in the area, Real Estate Investment Trust of America, whereby 10 additional park-
ing spaces could be constructed on this lot. Mr. Townsend also pointed out that
ordinarily other government entities pay paving assessments on a voluntary basis,
and he was not sure whether or not Nueces County would pay the assessment on their
property.
Speaking on behalf of the Real Estate Investment Trust of America was Mr.
Jimmy Welder, Attorney, who asked City Manager Townsend who the staff had talked
with in regard to the possibility of combining the parking lots.on the triangular
piece of property, indicating that he and his clients were not aware of this
Possibility. City Manager Townsend stated that Mr. Tom Stewart and Mr. Tom Utter
had attempted to work out some type of plan to increase the parking capacity, but
he was not sure just who they had talked with. He indicated that the City would
still be willing to, discuss such a plan further.
Mr. Welder stated that it was his understanding that the company he repre-
sents is not being charged for a portion of the cost for widening the street, but,
instead, they are not being given credit for existing improvements, and in his
opinion, they should be given credit for the sidewalk, even though it is old.
City Manager Townsend explained that according to the assessment ordinance,
the City has the right to assess abutting property owners 90% of the cost of pave
ment and 100% of the cost of curbs, gutters and sidewalks; that historically, this
City has given credit for curbs, gutters and sidewalks that are in place; and in
this instance, the Engineering staff had attempted to avoid having to determine the'
value of the 40 -year old curbs, gutters and sidewalks, but had recommended a lower
assessment rate, including only $.75 per square foot for the sidewalks.
Mr. Welder stated that he felt that the existing improvements on his
client's property are in pretty good condition, expressed the opinion that credit-,
should be given for the improvements, and questioned the Council's procedure in
approving this project approximately two months ago, noting that his client had
not been consulted at that time.
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nutes
Regular Council Meeting
December 6, 1978
Page 13
City Attorney Aycock stated that he would like to complete the City's pre-
sentation before further discussion by the property owners and called as his next
witness Mr. W. J. (Bill) Holly, a licensed Real Estate Broker in the State of
Texas. Mr. Aycock ascertained that Mr. Holly was qualified to testify in regard
to the preliminary assessments associated with this project and that he had
examined each and every piece of property abutting the proposed street improve-
ments.
Mr. Holly testified that he is familiar with the market value of this
property; he is aware of the fact that the sidewalk referred to by Mr. Welder was
in place in 1931 and the value of such improvements is questionable; and assured
the Council that, in his opinion, the property included in the assessment roll
will be enhanced at least the amount of the proposed assessment. He also stated
that some of the property contains odd - shaped lots, but since they are zoned
"B -1 ", all of the property can be utilized and he did not think that any reduc-
tion in assessments should be considered for the odd - shaped lots.
Mr. Welder spoke again and stated that he did not feel that his client's
property will be enhanced by the addition of sidewalks and the accessibility of
the property to the parking lot will not be improved.
As a point of information, City Manager Townsend interjected that the
City staff had discussed the possibility of adding parking spaces to the triangu-
lar shaped parking lot with a representative of Real Estate Investment Trust of
America 16 Boston, Massachusetts.
Mr. Welder displayed some photographs of the existing parking lot and
again stated that his clients property would not benefit from the proposed improve-
ments.
Council Member Holt determined by questioning Mr. Welder that the subject"
photographs were taken three days after a rather heavy rain and pointed out that
water was still standing in the parking lot. He contended that the installation
of sidewalks would afford a place for people who park in the parking lot to walk
rather than being forced to walk in the water in the parking lot to gain access
to the buildings on the adjacent property.
City Manager Townsend pointed out that after the street is widened, addi-
tional parallel parking will be available to serve the buildings in this area,
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.."�3 Minutes °
Regular Council Meeting
December 6, 1978
Page 14
the sidewalks will enable the people utilizing the parallel parking spaces a place
to exit their vehicles; and the City staff feels that because of the parallel park-
ing, the sidewalks are needed.- He reiterated that the City would still be inter-
ested in working out a plan to increase the number of parking spaces in the trian-
gular piece of property.
Chief Engineer Smith explained to Mr. Welder that the maximum assessment
that could be charged for the 4 -foot widening of the street was $14.25 per linear
foot for curbs and gutter, whereas, the City As proposing to charge only $6.66 per
linear foot for curbs and gutter, which is less than one -half of the amount that
could be charged, and only $ -75 per square foot for the sidewalks.
City Manager Towns .end stated that the City became involved in this project
because of the lack of parking in that area, and this street widening will provide
approximately 10 additional parallel parking spaces to serve the area.
Mr. Welder referred to his paving assessment statement and questioned
whether or not his client was being given the proper credit for existing concrete
driveways. City Manager Townsend assured Mr. Welder that a member of the Engineer- -
ing staff would be glad to go to the site of his client's property, measure the
driveway portion, and be sure that the proper credit is being given.
Mr. Welder then contended that a portion of the property supposedly owned
by his client is marked as an H.E.B. Parking Lot and he indicated that he felt that-
the property is probably owned by H.E.B., not his client. City Manager Townsend
assured him that the ownership of this property will certainly be checked.
Mr. Welder then mentioned the 7 -foot sidewalk planned for the east side
of the street and suggested that 4 -foot sidewalk be installed rather than the
wider one.
City Manager Townsend suggested that since Mr. Welder had so many ques-
tions about this assessment, that the hearing be closed and the staff be given
an opportunity to meet with this property owner and provide the Council with a
further report on the matter next week.
Motion by Holt that the hearing be closed, seconded by Sample, and passed
unanimously.
There being no further testimony offered or any further
parties appearing to be heard, upon proper motion, duly seconded
and unanimously carried, the said hearing was declared closed; and
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, said City Council has heard evidence as to the
special benefits and enhanced value to accrue to said abutting
property, and the real and true owner or owners thereof, as com-
pared with the cost of making said improvements on said streets
within the limits above defined, and has heard all parties appearing:
and offering testimony, together with all protests and objections
relative to such matters and as to any errors, invalidities or
irregularities in any of the proceedings and contract for said im-
provements, and has given a full and fair hearing to all parties
making or desiring to make any such protest, objection or offer
testimony and has fully examined and considered all evidence, matters-, -
objections and protests offered and based upon said evidence, testi --
mony and statements, said City Council finds that each and every par-
cel of property abutting upon the portion of the-streets aforesaid
within the limits to be improved as herein defined, will be enhanced
in value and specially benefited by the construction of said improve-,
ments upon the said streets upon which said property abuts, in an
amount in excess of the amount of the cost of said improvements
proposed to be, and as hereinbelow assessed against each and every
said parcel of abutting property, and the real and true owners there --
of, and said City Council did consider and correct all errors, invali-
dities or deficiences called to its attention and did find that all,:
5 '-
° W1,'
proceedings and contracts were proper and in accordance with
the Charter of said City and the laws of the State of Texas,
under which those proceedings were being had, and the pro-
ceedings of said City Council heretofore had with reference to
such improvements, and in all respects to be valid and regular;
and said City Council did further find upon said evidence that
the assessments hereinbelow made and the charges hereby declared
against said abutting property on the portions of the streets
hereinabove described, within the limits defined, and the real
and true owner or owners thereof, are just and equitable and did
adopt the rule of apportionment set out below and the division of
the cost of said improvements between said abutting properties,
and the real and true owner or owners thereof, as just and equit-
able, and as producing substantial equality considering the bene-
fits to be received and the burdens imposed thereby, and that all
objections and protests should be overruled and denied except the
corrections and changes as appear on the final assessment roll
included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That there being no further protest or testi-
mony for or against said improvements, said hearing granted to the.,
real and true owners of abutting property on said streets, within
the limits above defined, and to all persons, firms, corporations
and estates, owning or claiming same or any interest therein, be
and the same is hereby closed and all protests and objections,
whether specifically mentioned or not, shall be, and the same are,•
hereby overruled and denied.
SECTION 2. That said City Council hereby finds and
determines upon the evidence heard in reference to each and every
parcel or property abutting upon the aforesaid streets, within the
6
limits defined, that the special benefits in the enchanced value to
accrue to said property and the real and true owner or owners there-
of, by virtue to the construction of said improvements to said
portion of said streets upon which said property abuts, will be in
excess of the amount of the cost of said improvements as proposed
to be, and as herein assessed against said abutting property and the
real and true owners thereof, and finds that the apportionment of
the cost of said improvements, and that all assessments hereinbelow
made are just and equitable and produce substantial equality con-
sidering the benefits received and the burdens imposed thereby, and.
are in accordance with the laws of the State of Texas, and the
Charter provisions of the City of Corpus Christi, Texas, and that
the proceedings and contract heretofore had with reference to said
improvements are in all respects regular, proper and valid, and
that all prerequisites to the fixing of the assessment liens
against said abutting properties, as hereinabove described and the
personal liability of the real and true owner or owners thereof,
whether named or correctly named herein or not, have been in all
things regularly had and performed in compliance with the law,
Charter provisions and proceedings of the said City Council.
SECTION 3. That in pursuance of said ordinance, duly
enacted by said City Council, authorizing and ordering the improve -;
ments of the above described street, within the limits defined,
and in pursuance of said proceedings heretofore had and enacted,by
said City Council, in reference to said improvements and by virtue
of the powers vested in said City with respect to said street im-
provements+by the laws of the State of Texas and the Charter of
said City, with particular reference to Chapter 106 of the Acts
of the First Called Session of the 40th Legislature of the State of
Texas, known and shown as Article 1105b of Vernon's Annotated
Civil Statutes of Texas, as amended, there shall be, and is hereby
levied, assessed and taxed against the respective parcels or
7
property abutting upon said portion of said streets, and
against the real and true owners thereof, whether such real
and true owner or owners be named or correctly named herein
or not, the several sums of money hereinbelow mentioned and
itemized opposite the description of the respective parcels of
said property, the number of front feet of each and the several
amounts assessed against same and the real and true owner or
owners thereof, and names of the apparent owners thereof, all
as corrected and adjusted by said City Council, being as follows,
to -wit:
8
FINAL ASSESSMENT ROLL
NORTH CARANCAHUA AND WINNEBAGO STREETS
This project shall include improvements to the following streets:
1. N. Carancabua Street from Buffalo Street to Winnebago Street;
2. Winnebago Street from N. Carancahua Street to Upper Broadway.
North Carancahua Street will be constructed by excavation to a width and depth to
permit the laying of a standard curb and gutter section, 6" compacted subgrade, 8"
compacted caliche base and a 2" Type "D" Hot Mix Asphaltic surface for a 40.1' wide
street. There will be 4" thick reinforced sidewalks and 6" thick reinforced drive-
ways as shown on the construction plans or where requested by property owners.
Winnebago Street improvements shall consist of a 1 1/2" Type "D" Hot Mix overlay.
There is no assessment for the improvements on this street. The assessment rates
have been calculated in accordance with the latest paving policy adopted by the City.
Based on this policy and the lowest bid price submitted by King Construction Company,
the assessment rates are as follows:
NORTH CARANCAHUA STREET
40.1' Wide Street, Back of Curb
6" Curb and Gutter $6.66
per L.F.
Driveways
Sidewalk $3.63 S.''.
$0.75 per S.F.
All properties abutting the streets being improved are zoned and used for commercial
purposes.
TOTAL CONTRACT PRICE $40,177.40
FINAL ASSESSMENTS 5.783.22
TOTAL CITY PORTION $34,394.18
/IS', � Cl�i,� �? � J James K. Lonto , Director
Engineering & Physical Development
JKL /dl
wuv
tBAGO STREET
NTERSECTION
Page
1
ITEM
140.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY DESCRIPTION
A STREET
TOTAL
ASSESSED
OF
RATE
AMOUNT
AMOUNT
ASSESSMENT
ASSESSE
FINAL ASSESS
"QT ROLL
ORTH CARANCAIMA
STREET
BUFFA13
STREET TO WIFNEBAGO
STREET
WEST SIIE
I.
Nueces County
C/o Judge Robert N. Barnes
50.00 L.F.
C. & G.
6.66
333.00
901 Leopard 78401
103.57 S.F.
S/W 4' Tied
.75
77.68
Lot 4, Block 9
193.45 S.F.
.
W 1 -20'
3.63
702.23
Bluff Addition
B -6
1,112.9]
2.
Real Estate Investment
* 96.00 L.F.
C. & G.
Trust of America
P. 0. Box 1135
287.57 S.F.
**
S/W 4' Tied
6.66
.75
639.36
215.68
Boston, Mass. 02103
-0- S.F.
D/W 1 -20'
-0-
-0-
Lots 5 & 6, Block 9
Bluff Addition
855.04
*Cr. 4' RTN from Winnebago
* *Cr. Exst. D/W
wuv
tBAGO STREET
NTERSECTION
END WE
;T SIDE NORTH
ARANCAHUA STREET
ORTH CARANCAM
A STREET
EAST SjjE
3- lReal Estate Investment
150.00 L.F. C. & G.
Trust of America 877.55 S.F. S/W (71)
P. 0. Box 1135. 241.75 S.F. D/W (1 -22')
Boston, Mass. .02103
W 90' of Lots 10, 11 & 12
Block 6, Bluff Portion
6.66 999.00
:75 658.17
3.63 877.56
2,534.73
NORTH CARANc4HUA STREET
5
Page
2
ITEM
N0.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY DESCRIPTION
ASSESSED OF
RATE
MOUNT
TOTAL
AMOUNT
ASSESSMENT
ASSESSED
4.
H. E. Butt Grocery Co.
C/o Ralph Hall
50.00 L.F. G.
6.66
P. 0. Box 9216 78408
191.55 S.F. S/W (1
S/
221.45 S.F. D/W (1
.75
333.00
143.67
Lot 9, Block 6
-2
-20')
3.63
803.87
Bluff Portion
B -6
1,280.54
5.
Real Estate Investment
Trust of America
*100.00 L.F. C. &. G.
0.00
P. 0. Box 1135
*
* -0- S.F. S/W
-0-
.00
_0-
-0-
Boston, Mass. 02103
S.F. D/W
0.00
-0-
Lot 7 & 8, Block 6
Bluff Portion
_0-
B-6
*Cr. Exst. Impvts.
NORTH CARANc4HUA STREET
5
SECTION 4. Be it further ordained that in the event
the actual frontage of any property herein assessed shall be
found upon the completion of said improvements to be greater or
less than the number of feet hereinabove stated, the assessments
herein set against any such property and against the real and
true owner or owners thereof, shall be, and the same are hereby
declared to be increased or decreased as the case may be, in the
proportion which said excess or deficiency or frontage shall bear
to the whole number of front feet of property actually improved
in accordance with the front foot rule or rate of assessment here- -.
in adopted, it being the intention that such parcel of property
and the real and true owner or owners thereof abutting on the
portion of the streets above described, within the limits defined,
shall pay for said improvements under the "FRONT FOOT RULE OR PLAN ",
which rule or plan is hereby found and determined to be just and
equitable and to produce a substantial equality, having in view the
special benefits to be received and the burdens imposed thereby;
and it is further ordained that upon final completion and acceptance,
of said improvements on the aforesaid streets, within the limits
defined all certificates hereinafter provided for, issued to evi-
dence said assessments against said parcels of property abutting
upon said street, and the real and true owner or owners thereof
shall be issued in accordance with, and shall evidence the actual
frontage of said property and the actual cost of said improvements,
the amount named in said certificate in no case to exceed the amount
herein assessed against such property unless such increase be caused
by an excess of front footage over the amount hereinabove stated,
such actual cost and such actual number of front feet, if different-
from the hereinabove shown in Section 3 hereof, to be determined
by the Director of Engineering & Physical Development upon comple-
tion of said work on said street, and the findings of the Director
9
of Engineering & Physical Development shall be final and binding
upon all parties concerned.
SECTION 5. That the several sums mentioned above in
Section 3 hereof assessed against said parcels of property abutt-
ing on the aforesaid streets, within the limits defined, and the
real and true owners thereof, whether named or correctly named
herein or not, subject to the provisions of Section 4 thereof,
together with interest thereon at the rate of five and one-
quarter (5 1/4 %) per annum with reasonable attorney's fee and all
costs and expenses of collection, if incurred, are hereby declared
to be made a first and prior lien upon the respective parcels of
property, against which same are assessed from and after the date
said improvements were ordered by said City Council, to -wit:
November 8 , 1978, and a personal liability and charge against
the real and true owner or owners be named or correctly named here-
in, and that said lien shall be and constitute the first and prior
enforceable claim against the property assessed and shall be a
first and paramount lien superior to all other liens, claims or
title, except for lawful ad valorem taxes; and that the same so
assessed shall be paid and become payable in one of the following
methods at the option of the property owner:
1. All in cash within 30 days after completion or accep -x
tance by City; or
2. Payments to be made in maximum of 60 equal install-
ments, the first of which shall be paid within 30 days
after the completion of said improvement, and the
acceptance thereof by the City, and the balance to be-
paid in 59 equal consecutive monthly installments
commencing on the Ist day of the next succeeding month
until the entire sum is paid in full, together with
interest from the date of said completion and accep-
tance by the City, until paid, at the rate of five and
10
one -forth percent (5 1/4 %) per annum; provided,_
however, that the owners of said property avail-
ing themselves of Option "2" or "3" above shall
have the privilege of paying one, or all, of such
installments at any time before maturity thereof
by paying the total amount of principal due,
together with interest accrued, to the date of
payment.
3. The total number of monthly installments on owner
occupied property may be extended beyond sixty (60)
in number so that, at the owner's request, the total
monthly payments will not exceed ten ($10.00) per
month.
SECTION 6. That for the purpose of evidencing said assess-
ments, the liens securing same and the several sums assessed against
the said parcels or property and the real and true owner or owners
thereof and the time and terms of payment, and to aid in the en-
forcement thereof, assignable certificates shall be issued by the
City of Corpus Christi, Texas to itself upon the completion of
said improvements in said streets and acceptance thereof by said
City Council, which certificates shall be executed by the Mayor in
the name of the City, attested by the City Secretary, with the
corporate seal of said City, and which certificates shall declare
the amounts of said assessments and the times and terms thereof,
the rate of interest thereon, the date of the completion and accept-
ance of the improvements for which the certificate is issued, and
shall contain the names of the apparent true owner or owners as
accurately as possible, and the description of the property assessed-
by lot and block number, or front foot thereof, or such other
description as may otherwise identify the same, and if the said prop--
erty shall be owned by an estate or firm, then to so state the
fact shall be sufficient and no error or mistake in describing such
11
property or in giving the name of any owner or owners, or
otherwise, shall in anywise invalidate or impair the assess-
ment levied hereby or the certificate issued in evidence there-
of.
That said certificate shall further provide substan-
tially that if default shall be made in the payment of any in-
stallment of principal or interest when due, then at the option
of the City, its successors, or assigns, or the holder thereof,
the whole of said assessment evidence thereby shall at once
become due and payable, and shall be collectible with reasonable
attorney's fees and all expenses and costs of collection, if
incurred, and said certificate shall set forth and evidence the
personal liability of the real and true owner or owners of such
property, and that said lien is first and paramount thereon,
superior to all other liens, titles and charges, except for law-
ful ad valorem taxes, from and after the date said improvements
were ordered by said City Council, to -wit: November 8 , 1978 ,
and shall provide in effect that if default shall be made in the
payment thereof, the same may be enforced, at the option of the
City, or their successors and assigns, by the sale of the pro-
perty therein described in the manner provided for the collection
of ad valorem taxes as above recited, or by suit in any Court
having jurisdiction.
- That said certificates shall further recite in effect that
all the proceedings with reference to making said improvements
have been regularly had in compliance with-the law and Charter in
force in said City and the proceedings of said City Council of said,
City, and that all prerequisites to the fixing of the assessment
lien against the property therein described, or attempted to be
described, and the personal liability of the real and true owner
or owners thereof, evidence by such certificates, have been regular,
ly done and performed, which recitals shall be evidence of all the
matters and facts so recited and no further proof thereof shall be
required in any Court.
12
That said certificates shall further provide in effect
that the City of Corpus Christi, Texas, shall exercise all of
its lawful powers, in the enforcement and collection thereof,
and said certificates may contain other and further recitals,
pertinent and appropriate thereto. It shall not be necessary
that said certificates shall be in the exact form as above set
forth, but the substance and effect thereof shall suffice.
SECTION 7. That all such assessments levied are a
personal liability and charge against the real and true owner
or owners of the property described, or attempted to be described,
notwithstanding such owner or owners may not be named or correctly
named, and any irregularity in the name,of the property owner, or
the description of any property or the amount of any assessment,
or in any other matter or thing shall not in anywise invalidate
or impair any assessment levied hereby or any certificate issued,
and such mistake, or error, invalidity or irregularity whether
in such assessment or in the certificate issued in evidence there-
of, may be, but is not required to be, to be enforceable, at any
time corrected by the said City Council of the City of Corpus
Christi. Further that the omission of said improvements in front
of any part of parcel of property abutting upon the aforementioned
streets, which is exempt from the lien of said assessment, shall
in no wise affect or impair the validity of assessments against the
other parcels of property abutting upon said street; and that the
total amounts assessed against the respective parcels of property
abutting upon said streets within the limits herein defined and -
the real and true owner or owners thereof, are the same as, or less
than, the estimate of said assessment prepared by the Director of
Engineering and Physical Development and approved and adopted by
the City Council and are in accordance with the proceedings of
said City Council relative to said improvements and assessments
13
thereof, and with the terms, powers and provisions of said Chapter
106 of the Acts of the First Called Session of the 40th Legislature
of the State of Texas, known as Article 1105b of Vernon's Annotated
Civil Statutes of Texas and Charter of the City of Corpus Christi,
Texas, under which terms, powers and provisions said proceedings,
said improvements and assessments were had and made by said City
Council.
SECTION 8. The fact that the above - described streets have
become important thoroughfares and the fact that the present condi-
tion of said streets, within the limits defined, are dangerous to
the health and public welfare of the inhabitants thereof creates a
public emergency and an imperative public necessity, requiring the,-
suspension of the Charter rule that no ordinance or resolution
shall be passed finally on the date of its introduction, and that
said ordinance shall be read at three several meetings of the City
Council, and the Mayor having declared that such emergency and neces-
sity exists, and having requested that said Charter rule be suspended',;
and that this ordinance be passed finally on the date of its intro-
duction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the e,20
day of npcPmhar , 19 7,9.
ATTEST:
4d� le'"
City Secretary'
APPROVED:
20th DAY OF December , 1978
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistan t y Attorney
AS
Corpus Christi, Te
0A0 day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance,
a public emergency and imperative necessity exist for the suspension of the
Charter rule or requirement that no ordinance or resolution shall be passed
finally on the date it is introduced, and that such ordinance or resolution
shall be read at three meetings of the City Council; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR --- ---, --
THE CITY, O fC@R S CHRISTI, TEXAS
The Charter rule was suspended by he following vote:
Gabe Lozano, Sr. ••• ......••
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by a following vote:
Gabe Lozano, Sr. / /i
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
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