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.