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HomeMy WebLinkAbout15128 ORD - 09/19/1979jkh:9-19-79;lst 1 AN ORDINANCE CLOSING THE HEARING ON SIDEWALK IMPROVEMENTS FOR THE FOLLOWING STREETS: SHELY STREET, FROM CHURCHILL DRIVE TO AYERS STREET, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILLIE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE- MENTS AND LEVYING AN 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 15th day of August , 1979 , determined the necessity for, and ordered the improvement ofthe following streets by the construction, reconstruction, repairing or realigning of concrete sidewalks: Shely Street, from Churchill Drive to Ayers Street, MICROFILMED 15128 ti in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordi- nance dated August 15 , 1979, 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 Asphalt Paving & Construction Company as authorized by Ordinance No. 15061 , dated August 15 , 1979 , 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, and 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 2 WHEREAS, said City Council, by duly enacted ordinance dated August 15 , 1979, 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'August 15 1979, did order and set a hearing to be held at 3:00 P.M. on the 12th day of September , 19 79, at Council Chambers,"City Hall 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 September 12 , 1979, in the Council Chambers, 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: 4 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 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: FINAL ASSESSMENT ROLL SIDEWALK PROGRAM H.E.B. PARK AND TENNIS CENTER AREA SEPTEMBER 19, 1979 This project is for construction of sidewalks along the following street. H.E.B. Park and Tennis Center Area Shely Street, from Churchill Drive to Ayers Street. Improvements will be constructed on both sides of the street and shall consist of a 4' wide reinforced concrete sidewalk 4" thick. This is an assessment project to be constructed in conjunction with the H.E.B. Park and Tennis Center Expansion and the relocation of Shely Street. Abutting property owners are assessed in accordance with the current assessment policy of the City of Corpus Christi. The low bid for this construction was submitted by Asphalt Paving and Construction Company. The maximum assessment rate for sidewalk by City ordinance is $.75 per square foot. Total Contract Price Preliminary Assessments City's Share $69,592.45 3,505.94 $66,086.51 James K. Lo os, .E., Director ` Engineering & Physical Development Page 1 - ITEM NO. • OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED PR:LIMINARY ASSESSMENT ROLL H.E.B. TENNIS CENTER • SIDEWALK IMPR VEMENTS SHELY STREET CHURCHILL DRIVE TO AYERS STREET NORTH SIDE S-1. Teoudlo Garcia *477.99 S.F. Sidewalk .38 181.64 2926 Churchill Dr. 78404 69.11 S.F. " " .75 51.83 Lot 1, Block 11 Pineda Park $ 233.47 * Side on Shely Street R -1B 2. City of Corpus Christi -0- S.F. - -0- -0- r H.E.B. Tennis Center -0_ 3. IND. Lodge 1337 - -0- S.F. - -0- -0- AF & AM P.O. Box 3526 78404 _0 - Lots 11 & 12, Block 12 Pineda Park No. 2 * Cr. Exst. S/W 4. B.W. Bell & C.C. Speed 1,680.00 S.F. Sidewalk .75 1,260.00 1309 Ocean Dr. 78404 Lots 13, 14, 15, 16, 17, 18 and 19, Block 12 1,260.00 Pineda Park No. 2 B-4 Page 7-.. ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT • RATE AMOUNT TOTAL AMOUNT ASSESSEI 5. Rene R. Soliz * -0- S.F. - -0- -0- 2821 Ayers 78404 Lot 21, Block 12 -0- Pineda Park No. 2 B-4 * Cr. Exst. S/W AYERS STRUET ' END SHELY S"REET NORTH SI E SHELY STRUT CHURCHILL DRIVE TO AYERS STREET SOUTH SIDE S-6. Reynaldo Madrigal *477.99 S.F. Sidewalk .38 181.64 r 3002 Churchill 78404 69.11 S.F. . " " .75 51.83 Lot 11, Block 6 Pineda Park $ 233.47 R -1B * Side on Shely Street 7. City of Corpus Christi -0- S.F. - -0- -0- H.E.B. Tennis Center -0- ?IG STREET INTERSECTION 8. William E. Humiston 1,140.00 S.F. Sidewalk .75 855.00 4014 Little John 78411 * 80.00 S.F. " II .75 60.00 Lots 1, 2, 3, 4 & NW 35' of Lot 5, Block 14- 915.00 Pineda Park No. 2 • 8-4 * RTN. on Fig Street Page 3-/, ITEM NO. OWNER AND PROPERTY DESCRIPTION ,--- QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSE • 9. H.E.B. Store Prop. #2 *784.00 S.F. Sidewalk .75 588.00 P.O. Box 9216 78408• SE 25' of Lot 5 & Lots 6, 7, & 8, Block•14 Pineda Park No. 2 $ 588.0E B-4 • * CR. 9 L.F. Existing - Improvements 10. Fred Brunkenoefer *368.00 S.F. Sidewalk .75 276.00 2901 Ayers 78404 Lot 9, Block 14 Pineda Park No. 2 276.0( B-4 * CR. 33 L.F. Existing Improvements - TOTAL $3,505.94 AYERS STRPET r END SHELY STREET SOUTH SITE • END SIDEWALK ASSESSMENT 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: August 15 , 1979, 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- 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 1st 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: August 15 , 1979 , 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 day of September , 1979 . ATTEST: Sec Ci Secre ary APPROVED: 19th DAY OF September , 1979 J. BRUCE AYCOCK, CITY ATTORNEY ITY OF CORPUS CHRISTI, TEXAS Corpus Christi, T xas 19 day o�Jrrxi,.,u,/ 19 P9 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, THE VY OF CORPUS CHRISTI, TEXAS suspend by the following vote: following vote: 15128