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HomeMy WebLinkAboutMinutes City Council - 01/27/1969 - Special• MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING January 27, 1969 1:30 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order and directed that it be noted that the Council was all present with the exception of Commissioner Roberts. Mayor Blackmon recognized two members of the Corpus Christi Junior Chamber of Commerce, Kenny Reagan and Terry Wood. Mr. Reagan stated the purpose of their presence was to advise the Council that the Jaycees will appear at all service club meetings this week to distribute lists of voter registration sub -stations and copies of voter registration application forms to stress the fact that as of now only 30,000 persons have registered to vote in 1969 in comparison to the 90,000 registered last year, and to urge employers to encourage employees, friends and associates to register to vote. Copies of the Service Club Presentation and Voter Registration Forms were left in the Council Chamber. Mayor Blackmoncommended and thanked Mr. Wood and Mr. Reagan for calling this important matter to the attention of the Council. Mayor Blackmon announced the Council would now hold the scheduled public hearing on Assessments for the proposed street improvements on Ocean Drive, Unit IV, from 595' East of Airline Road to South Alameda Street and including Intersection Improvement at Alameda and Ocean Drive; explained the procedure to be followed; that each member of the. Council had been furnished a copy of the Preliminary Assessment Roll; that the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. • • Minutes Special Council Meeting January 27, 1969 Page 2 Mr. James K. Lontos, City Engineer, presented the plans for the proposed improve- ments; testified as to the nature, extent, type, and specifications; stated that the total contract price was $1,024,307.40; property owners assessment, $114,468.23, and the City's portion, $909,839.17; and explained the manner in which such pro rata share was computed. He explained that the construction period will get under way within the next two months and completed by late fall or early winter of 1969, and that ingress and egress will be provided property owners during this period. Assistant City Attorney Tom McDowell conducted the public hearing and called the City's expert witness to testify as to his background and experience which he felt qualified him as a real estate appraiser for all types of properties in the City. Mr. Harold Carr stated that he had personally viewed each individual piece of property; understood the extent and specifications of the proposed improvements; and stated that after reviewing the plans and specifications and observing the properties on the ground, in his opinion, the properties would be enhanced in value at least to the extent of the proposed assessments with a few exceptions for which he would recommend that adjustments be made. Mr. Carr described the street by showing colored slides beginning with the completed portions all the way to the Alameda Junction, pointing out individual property lines, location of driveways and utilities, drainage ditches, and rough shoulders, and described the present condition of the roadway in general. Mr. Carr recommended reductions and adjustments in the assessments as follows: Item #71, Binford Arney, Lot 16-B, Block 7, South Shores Estates; Item #72, Fred W. Heldenfels, Lot 15-B, Block 7, South Shores Estates; Item #73, H. C. Heldenfels, Lot 14-B, Block 7, South Shores Estates; Mr. Carr explained that the foregoing properties are instances where the owner owns property on the water side of the street and that the deed restrictions are such so as to pro- hibit the use of the land as residential, and for this reason he would recommend a reduction of 75% of the assessment shown on the Assessment Roll. • Minutes Special Council Meeting January 27, 1969 Page 3 Item #63, Norman Ransleben, Lot 10, 11, Block 4, Edgewater Terrace - due to the reduction in size of this property as a result of the improvement project, which leaves only a small portion which could be used, Mr. Carr stated he does not see any benefit to the property owner by virtue of the proposed improvements, and therefore, recommends that no assessment be placed on this item. Item #104, Samuel Frech, Lot 7, Block 8, Edgewater Terrace - Mr. Carr explained that this property faces on Edgewater Terrace and backs up to Alameda Street, and that in his opinion this property would not be benefitted more than 25% of the $524.40 as shown on the Assessment Roll, and would recommend an adjustment accordingly. Mayor Blackmon stated he would call the names of the property owners as they are listed on the assessment roll and invited each property owner to state his approval or objection to any of the proposed improvements or assessments to his property. The following persons appeared: Mr. Binford Arney, attorney representing himself in connection with Item #8, Lot 16B; Fred Heldenfels, Item #9, Lot 15B; and H. C. Heldenfels, Item #10, Lot 14B, all in South Shore Estates, Unit 1, appeared and filed a written protest constituting formal objection and contest of the paving assessments calculated or proposed to be assessed against the respective owners. He pointed out that the aforementioned Lots 16B, 15B and 14B in Block 7, are separated from Lots 16, 15, and 14, and that the protest is related solely to proposed assessments against the unimproved, restricted and limited land areas of Lots 16B, 15B, and 14B on the Bay side of Ocean Drive, on the basis that (1) the City's Ocean Drive Improvements will not confer special benefits to the property assessed, (2) the assessments proposed are in excess of any special benefits to the property assessed, and (3) the statutory authorization by which the City can levy paving assessments requires the governing body to adjust proposed assessments (made on a front foot basis) so as to producea substantial equality of benefits received and burdens imposed. AE stayed that it would appear that the condition of these three Tots is unique from practically all other lots involved in the Improvements in that they are not considered building sites; that the surface area on or above the level with Ocean Drive is but approximately 20 feet to W Ear • • Minutes Special Council Meeting January 27, 1969 Page 4 6 feet in depth followed by an abrupt bluff drop to the water, making it wholly insufficient for improvements, and requested that the assessments be deleted, or adjusted downward from the original proposed assessments on these lots, to produce equality of benefits. He further stated that this protest could be considered moot if the actual paving assessments made by this Council be but 25% of the respective proposed assessments. Mr. Raymond L. Smith, appeared in connection with Item #64, Lots 1 and 2, Block 2, Edgewater Terrace which is zoned other than "R-1" or "R-2", and protested the $17.15 p.l.f. rate, stating he felt it to be excessive. It was pointed out that this property is zoned for single family or duplex, but that a Texaco Station is located on the property, and that it could be sold for a greater amount. Mr. Smith stated this protest also applied to Item #102, Lots 1, 2, and 3, Block 2, Edgewater Terrace, also zoned "R -l" or "R-2". Items #84, Lot 1, Block 1, and Item #85, Lot 2, Block 1, both in Waverly Estates, Unit 2 - Mr. Victor G. Vaughn, appeared representing himself in connection with Item #84 and his son, Item #85, and stated the assessment discriminates against Ocean Drive property owners because the improvement will be for the benefit of the general public. He stated that he places no blame on City Officials; that if he chose to spend enough money and time, the law could probably be changed, but that the cost would be many times the amount of his assessment, and at his age, he probably would not live long enough for it to reach the Supreme Court. He further stated that the only logical alternative was to vote against all future bond issues and so inform other affected residents that they are voting for special assessments. The protest was filed with the City Secretary in writing. No one else appeared to be heard in connection with the proposed street improvements. Mayor Blackmon stated that the objections and protests would be reviewed by the Council and each would be given due consideration. Motion by Jimenez, seconded by Sizemore and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that the paving assessments for Ocean Drive Improvements, Unit IV, be tabled and taken under advisement. There being no further business to come before the Council, the meeting was adjourned.