HomeMy WebLinkAbout15565 ORD - 05/28/19805`28-80;1st•
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AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
RI.LA:'BARNES UNIT IB
1. Cheyenne Street, from Baldwin Boulevard to Agnes Street;
,2... Osage Street,. from.Chippewa..Street to Agnes Street;
.3. Eleanor Street,. from Ruth Street to Agnes Street;
k. Navajo Street,.from'Osage Street to Baldwin Boulevard;
•.5: Chippewa, Huron'and.Lou,Streets, from Osage Street to •
Virginia Street;
• 6. .Ruth Street, fromEleanor Street to Osage Street;
7. Mary Street, from Francisca Street to Eleanor Street;
8. Elena Street, from Mary Street to Agnes Street.
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
CHAR, TBE MANNER AND TIME OF PAYMENT AND COLLEC—
TION; AND DECLARING AN EMERGENCY.
WEEBEAS, the City Council of Cotpus.Christi, Texas, by
duly enacted ordinance passed and approved on the 23rd day of
April , Z980, determined the necessity for, and ordered the
improvement of the following streets:
.ELJ:A: BARNES 'UNIT IB
1. Cheyenne Street,.from Baldwin Boulevard to Agnes Street;
.2....Osage Street,.from.Chippewa.Street to Agnes Street;
.3. Eleanor Street; from Ruth Street'to Agnes Street;
.4. Navajo Street, fromOsage Street to Baldwin Boulevard;
•.5. Chippewa, Ruron.and.Lou.Streets, from Osage Street to •
Virginia Street;
• 6. .Ruth Street, from Eleanor Street to Osage Street;
•.7. Mary Street, from'Francisca Street to Eleanor Street;
8. Elesa Street, from Mary Street to Agnes Street,
15565
MICROFILMED
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in the manner and according to the plan
heretofore approved and adopted by the
nance dated April 23 , 1980, a duly
said ordinance having been filed in the
with the County Clerk of Nueces County,
WHEREAS, said City Council of
Christi, Texas, after having advertised
s and specifications
City Council by ordi-
executed notice of
name of the said City
Texas; and
the City of Corpus
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
laky 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 May 28 , 1980,
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
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WHEREAS, said City Council, by duly cracted ordinance
dated Anri1 23 , 19: Q, 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 April 23
1980, did order and set a hearing to be held at 7:00 P.M. on
the 21st day of May
19 80, at Cafeteria, Zavala Elementary School
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in the City of Corpus Christi, Texas; for the real and true ownexs
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
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prior to the date of said hearing; loth 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 May21 , 1980, in Cafeteria, Zavala Elementary School
in the City of Corpus Christi, Texas, in accordance with said
ordinance and notice, at which time an opportunity was given to
all said abovementioaed 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:
,7re-QA-iQi'.J
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, iavalidities
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.a].1 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
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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
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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 tree 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 nailed 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 Jay
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
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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:
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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
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of Engineering s 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:
April 23 , 1980, 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 1stday 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
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one -forth percent (5 1/40) 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
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property or in giving the name cf any owner or owncra, 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: April 23 . 1$[L•
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.
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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. Purther 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
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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 rale 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 28th
day of MaY , 1980 .
ATTEST:
C Secre
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APPROVED:
28th DAY OP May
19ga
J. BRUCE AYCOCg, CITY ATTORNEY
By/3t/, /,
�rt City,�Attorney
OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas 11
2Q day off 47 ,191a
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 orresolution 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,
1/
THE CI OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was pass by the following vote:
Luther Jones
Edward L. Sample 41(. -
Dr.
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner /L
Cliff Zarsky
15565
PRELIMINARY ASSESSMENT ROLL
ELLA BARNES UNIT 1B
Ella Barnes, Unit 1B shall include improvements to the following streets:
1. Cheyenne Street, from Baldwin Boulevard to Agnes Street;
2. Osage Street, from Chippewa Street to Agnes Street;
3. Eleanor Street, from Ruth Street to Agnes Street;
4. Navajo Street, from Osage Street to Baldwin Boulevard;
5. Chippewa, Huron and Lou Streets, from Osage Street to Virginia Street;
6. Ruth Street, from Eleanor Street to Osage Street;
7. Mary Street, from Francisca Street to Eleanor Street; ,
8. Elesa Street, from Mary Street to Agnes Street.
These streets shall be constructed by excavation to a width and depth to permit the
laying of a standard 6" concrete curb and gutter section, 6" compacted subgrade, 8"
compacted caliche base and 11/2" or 2" Type "D" Hot Mix Asphaltic surface for a 28'
wide street on Comanche Street and a 26' wide street on the other streets. There
will be 4' or 5' wide reinforced sidewalks 4" thick and 6" thick reinforced driveways
as shown on the construction plans or where requested by property owners.
The assessment rates have been calculated in accordance with the latest paving policy
adopted by the City. Based on the lowest bid price submitted by Ring Construction
Company, the assessment rates are as follows:
28' Wide Street
4" Curb, Gutter & Pavement
6" Curb, Gutter &'Pavement
26' Wide Street
4" Curb, Gutter & Pavement
6" Curb, Gutter & Pavemnet
Sidewalk
4' Wide
5' Wide
Driveways
Bid Price
$14.75 per 1.f.
14.80 per 1.f.
Assessment Rate
$14.25 per 1.f.
14.25 per 1.f.
$13.00 per 1.f. $13.00 per 1.f.
13.05 per 1.f. 13.05 per 1.f.
$1.34 per s.f. $0.75 per s.f.
1.43 per s.f. 0.75 per s.f.
$2.93 per s.f. $2.93 per s.f.
All properties zoned and used for one and two family residences,_ churches and schools
have been assessed at the maximum rate established by the City Council as follows:
Curb, Gutter & Pavement $4.75 per 1.f.
Sidewalks 0.75 per s.f.
JRL/dl
Total Contract Price
Total Preliminary Assessments
Total City Portion
$1,131,964.50
267,119.06
$ 864,845.44
James R. Lontds, P.E., Director
Engineering & Physical Development