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HomeMy WebLinkAbout15595 ORD - 06/18/1980s AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: (1) Marguerite Street, from South Port Avenue to 19th Street; (2) 20th and Bluntzer Streets, from Mary Street to Agnes Street; (3) 21st Street, from Ruth Street to Agnes Street; (4) Muely Street, from Ruth Street to Mary Street; (5) 25th Street, from Morgan to Mary Street; (6) 22nd and 23rd Streets, from Buford Street to Mary 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 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 7th day of May , 1980, determined the necessity for, and ordered the improvement of the following streets: (1) Marguerite Street, from South Port Avenue to 19th Street; (2) 20th and Bluntzer Streets, from Mary Street to Agnes Street; (3) 21st Street, from Ruth Street to Agnes Street; (4) Muely Street, from Ruth Street to Mary Street; (5) 25th Street, from Morgan to Mary Street; (6) 22nd and 23rd Streets, from Buford Street to Mary Street, MICROFILMED. AUG 2 91990 15 595 in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordi- nance dated May 7 , 1980, 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 Isles Construction Company, Inc. as authorized by Ordinance No. , dated June 18 , 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 2 WHEREAS, said City Council, by duly enacted ordinance dated May 7 , 130 , 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 May 7 1980, did order and set a hearing to be held at 7:00 P.M. on the llth day of June , 1980, at Lamar Elementary School (Cafeteria) , in the City of Corpus Christi, Texas, for the real of the property abutting upon said streets, within defined, and for all others owning or claiming any and true owners the limits above 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 ta 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 June 11 , 19_x, in 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, theiragents 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 • • MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING CAFETERIA, LAMAR ELEMENTARY SCHOOL 2212 MORRIS STREET PRESENT: Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best David Diaz Cliff Zarsky ABSENT: Mayor Luther Jones Council Member Jack K. Dumphy Council Member Betty N. Turner JUNE 11, 1980 7:00 P.M. * City Manager R. Marvin Townsend Asst. City Attorney Jim Holtz * City Secretary Bill G. Read Mayor Pro Tem Edward L. Sample called the meeting to order at Lamar Elementary School Cafeteria and stated that the purpose of the meeting was to conduct a public hearing on the Assessments to be levied in connection with the street improvements for the Lamar School Area, Unit II, project. Acting Assistant City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mr. James K. Lontos, Director of Engineering and Physical Development, explained that this hearing is required by law and the street improvement project is the result of voluntary paving petitions received from residents of the neigh- borhood requesting the improvements. *City Manager R. Marvin Townsend and City Secretary Bill G. Read arrived at the meeting at 7:07 p.m. Assistant City Attorney Jim Holtz conducted the next portion of the hear- ing and verified that the public hearing is required by Article 11056 of the State Statutes, and the purpose of the hearing is to elicit testimony from witnesses to enable the City Council to determine whether or not the preliminary assessments will enhance the property involved at least in the amount of the assessments. Mr. Holtz called as his first witness Mr. Gerald Smith, P.E., Chief Engineer in the Department of Engineering and Physical Development of the City of Corpus Christi. 11111utes • Special Council Meeting June 11, 1980 Page 2 Through questioning of the witness, Assistant City Attorney Holtz ascertained that Mr. Smith is employed by the City of Corpus Christi; his present position is Chief Engineer; that he holds a degree in Engineering from the University of Texas of Austin; that he is a registered engineer in the State of Texas; and that he is thoroughly familar with the Lamar School Area Unit II Street Improvement Project. Mr. Holtz then requested that Mr. Smith explain the proposed project. Chief Engineer Smith displayed a transparency of the project area and pointed out the following streets to be improved as a part of the project, as follows: 1. Marguerite Street, from South Port Avenue to 19th Street; 2. 20th and Bluntzer Streets, from Mary Street to Agnes Street; 3. 21st Street, from Ruth Street to Agnes Street; 4. Muely Street, from Ruth Street to Mary Street; 5. 25th Street, from Morgan to Mary Street; and 6. 22nd and 23rd Streets, from Buford Street to Mary Street. Mr. Smith explained that bids on this project were received on April 23, 1980; the plans and specifications were prepared by the City's Engineering Depart- ment; the City proposes the total reconstruction of the streets, including the installation of curbs, gutters, sidewalks, storm sewers and new water lines in approximately 50% of the streets. He stated that streets of various widths will be constructed and; explained the method of construction. Mr. Smith continued his presentation and informed the Council and audience that bids had been received from four contractors, the lowest of which was that submitted by Isles Construction Company in the total amount of $977,788.40. He stated that the project was included in the 1977 Bond Election and the project was initially generated by voluntary paving petitions obtained in the local area. Mr. Smith further stated that the project will be partially funded by Community Development funds and noted that the total of the preliminary assessments is $382,264.63, with the City providing $595,523.77 with Community Development funds and Bond funds. He explained that the assessment roll includes 266 items and the assessment rates are established by City ordinance, noting that the assessment rate is $11.24 per linear foot for curb, gutter and pavement on the 24' wide streets; $14.25 per linear foot for the 28', 38' and 40' wide streets; but that the maximum rate for one and two-family residential property, churches and schools is $4.75 per linear foot; and that the rate for sidewalks is $0.75 per square foot. Chief • • Minutes Special Council Meeting June 11, 1980 Page 3 Engineer Smith also stated that the contractor will construct driveways if the property owner desires at a rate of $3.20 per square foot. City Manager R. Marvin Townsend pointed out that there are a substantial number of pieces of property which are used for one -family residences but which are zoned either "A-2" or "1-2", and it has been the Council's policy that if the owners of such property desire to reduce their zoning to "R -1B" to reflect the proper use, their assessments may be substantially reduced. Mr. Townsend explained that the City will be glad to initiate the zoning procedures to accomplish this if the property owners will just sign a petition indicating their desire to have their property zoned "R -1B" if it is used for single-family dwellings. Chief Engineer Smith continued his testimony by stating that the assess- ments will not be due until the project is completed, and the contractor has 275 working days, or 11 to 12 months, to complete the project. He stated that con- struction is scheduled to begin by the end of June. Mr. Smith further explained that various methods of payment of the assessments are possible -- one payment may be made following completion of the project, or the property owners will be allowed five years to pay their assessments at an interest rate of 5%. He also indicated that in hardship cases, this period may be extended to 10 years. Mr. Smith noted also that the staff has planned certain driveway locations for the various pieces of property, but these locations may be changed at the owners' requests. Assistant City Attorney Holtz inquired about the contemplated completion date of the project, and Mr. Smith replied that the contractor should complete the project in May of 1981. Assistant City Attorney Holtz called as his next witness Mr. William J. "Bill" Holly and ascertained through questioning of the witness that Mr. Holly is a Real Estate Broker, licensed in the State of Texas; that he has 27 years of experience as a real estate appraiser; he has performed this type of appraisals for the City for five years, including all types of residential and commercial property; and that he is thoroughly familiar with the Lamar School Area Unit 11 Project and has examined each and every piece of property included in the project. • • Minutes Special Council Meeting June 11, 1980 Page 4 Assistant City Attorney Holtz inquired of Mr. Holly if there are any irre- gular or pie -shaped lots on which he would recommend a reduction in the assessments. Mr. Holly stated that there are no irregularily shaped lots but there are a large number of pieces of property being utilized for single-family dwellings but which are zoned "A-2" or "1-2" on which he would recommend a reduction if those pieces of property are rezoned "R -1B" to properly reflect the use. City Manager Townsend explained that all of the assessment notices were mailed to the property owners according to the zoning of the property and reiterated that if the property owners request that their property be rezoned "R -1B", their assessments could be reduced accordingly. Assistant City Attorney Holtz stated that he had completed the formal testimony. Mayor Pro Tem Sample then invited comments from the audience. Mr. Ben Sandate, speaking on behalf of his mother who is a property owner in the area, objected to the fact that the Mayor was not in attendance and the fact that this hearing was not conducted at City Hall. Mayor Pro Tem Sample explained that Mayor Jones was out of the City attending a meeting of the Mayors Conference and noted that the Council had set the public hearing at this location in order that more citizens in this area could attend the meeting. Mr. Heriberto R. Ponce, 424 Old Robstown Road, commented that Mr. Smith had indicated that 50% of the streets In the project would have new water lines installed and inquired as to whether or not Meuly Street would be included in this percentage. Chief Engineer Smith replied that a 6" water line will be installed on Muely Street. Mr. William F. Garcia informed the Council that he Is unemployed and inquired as to how he will be able to pay his assessment. City Manager Townsend explained that in hardship cases, the property owners may take as long as 10 years to pay their assessments. He explained that the employees of the Voluntary Paving Section will call on each property owner to discuss the method of payment. M iRRtes Special Council Meeting June 11, 1980 Page 5 Mr. Lontos then introduced the employees of the Department of Engineering and Physical Development who will contact all of the property owners. Mr. Louis P. Soto, 2725 Marguerite, noted that his property is presently zoned for commercial use and requested that his property be downzoned to "R -1B." City Manager Townsend noted that Mr. Soto has been employed by the City for a number of years and is a very fine employee. He suggested to Mr. Soto that he contact one of the staff members present and inform them that he would like to have his property rezoned to "R -1B." Mr. Leon Brand, one of the property owners on Muely Street, stated that he has a place of business on Port Avenue; his customers presently park at the back of his store; and if sidewalks are installed on Meuly Street, the parking will be eliminated. He stated that a 10 -foot driveway would help his parking situation. Mr. Smith explained that if the property owner can demonstrate that he can obtain access to his property in a smaller driveway, the staff will be glad to discuss this with him. There were no further comments from the audience. Council Member Zarsky thanked everyone for attending the meeting and explained that the Council is very proud that this entire area is being improved with the street reconstruction. He pointed out that when a new subdivision is constructed, the purchasers of the individual lots must pay for the entire cost of the streets, curbs, gutters, sidewalks and driveways, but through the Bond Program and Community Development funds, these property owners will have their streets improved at a much lesser cost. There being no further comments, on motion by Zarsky, seconded by Best and passed unanimously, the Special Council Meeting was adjourned at 8:08 p.m., June 11, 1980. • • • 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, rar,REFORE, 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 • • i_. -+_„s ,_ ., caiA n„rt-inn 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 • 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: May 7 , 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. A11 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 orthecertificate 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: MaY 7 , 19$0 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 saidCityand 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 fa..L. a., ..«.SL<u a.,u 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 18th day of June , 19 80 ATTEST: C ge:( • y" Sec ez" tary� APPROVED: 18th DAY OF June , 1980 J. BRUCE AYCOCK, CITY ATTORNEY MAYOR HE C OF CORPUS CHRISTI, TEXAS Corpus Christi, 1=xas gday 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 C TY ORPUS CHRISTI, TEXAS The Charter rule was suspendeby 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 passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15595 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING CAFETERIA, LAMAR ELEMENTARY SCHOOL 2212, MORRIS STREET JUNE 11, 1980 7:00 P.M. PRESENT: Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best David Diaz Cliff Zarsky ABSENT: Mayor Luther Jones Council Member Jack K. Dumphy Council Member Betty N. Turner * City Manager R. Marvin Townsend Asst. City Attorney Jim Holtz City Secretary Bill G. Read • L552? 5-7- Mayor Pro Tem Edward L. Sample called the meeting to order at Lamar Elementary School Cafeteria and stated that the purpose of the meeting was to conduct a public hearing on the Assessments to be levied in connection with the street improvements for the Lamar School Area, Unit II, project. Acting Assistant City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mr. James K. Lontos, Director of Engineering and Physical Development, explained that this hearing is required by law and the street improvement project is the result of voluntary paving petitions received from residents of the neigh- borhood requesting the improvements. *City Manager R. Marvin Townsend and City Secretary Bill G. Read arrived at the meeting at 7:07 p.m. Assistant City Attorney Jim Holtz conducted the next portion of the hear- ing and verified that the public hearing is required by Article 11056 of the State Statutes, and the purpose of the hearing is to elicit testimony from witnesses to enable the City Council to determine whether or not the preliminary assessments will enhance the property involved at least in the amount of the assessments. Mr. Holtz called as his first witness Mr. Gerald Smith, P.E., Chief Engineer in the Department of Engineering and Physical Development of the City of Corpus Christi. es Special Council Meeting June 11, 1980 Page 2 Through questioning of the witness, Assistant City Attorney Holtz ascertained that Mr. Smith is employed by the City of Corpus Christi; his present position is Chief Engineer; that he holds a degree in Engineering from the University of Texas of Austin; that he is a registered engineer in the State of Texas; and that he is thoroughly familar with the Lamar School Area Unit II Street Improvement Protect. Mr. Holtz then requested that Mr. Smith explain the proposed project. Chief Engineer Smith displayed a transparency of the projectarea and pointed out the following streets to be improved as a part of the project, as follows: 1. Marguerite Street, from South Port Avenue to 19th Street; 2. 20th and Bluntzer Streets, from Mary Street to Agnes Street; 3. 21st Street, from Ruth Street to Agnes Street; 4. Muely Street, from Ruth Street to Mary Street; 5. 25th Street, from Morgan to Mary Street; and 6. 22nd and 23rd Streets, from Buford Street to Mary Street. Mr. Smith explained that bids on this project were received on April 23, 1980; the plans and specifications were prepared by the City's Engineering Depart- ment; the City proposes the total reconstruction of the streets, including the installation of curbs, gutters, sidewalks, storm sewers and new water lines in approximately 50% of the streets. He stated that streets of various widths will be constructed and: explained the method of construction. Mr. Smith continued his presentation and informed the Council and audience that bids had been received from four contractors, the lowest of which was that submitted by Isles Construction Company In the total amount of $977,788.40. He stated that the project was included in the 1977 Bond Election and the project was initially generated by voluntary paving petitions obtained in the local area. Mr. Smith further stated that the project will be partially funded by Community Development funds and noted that the total of the preliminary assessments is $382,264.63, with the City providing $595,523.77 with Community Development funds and Bond funds. He explained that the assessment roll includes 266 items and the assessment rates are established by City ordinance, noting that the assessment rate is $11.24 per linear foot for curb, gutter and pavement on the 24' wide streets; $14.25 per linear foot for the 28', 38' and 40' wide streets; but that the maximum rate for one and two-family residential property, churches and schools is $4.75 per linear foot; and that the rate for sidewalks is S0.75 per square foot. Chief Minutes Special Council Meeting June 11, 1980 Page 3 Engineer Smith also stated that the contractor will construct driveways if the property owner desires at a rate of $3.20 per square foot. City Manager R. Marvin Townsend pointed out that there are a substantial number of pieces of property which are used for one -family residences but which are zoned either "A-2" or "1-2", and it has been the Council's policy that if the owners of such property desire to reduce their zoning to "R -1B" to reflect the proper use, their assessments may be substantially reduced. Mr. Townsend explained that the City will be glad to Initiate the zoning procedures to accomplish this if the property owners will just sign a petition indicating their desire to have their property zoned "R -1B" if it is used for single-family dwellings. Chief Engineer Smith continued his testimony by stating that the assess- ments will not be due until the project is completed, and the contractor has 275 working days, or 11 to 12 months, to complete the project. He stated that con- struction is scheduled to begin by the end of June. Mr. Smith further explained that various methods of payment of the assessments are possible -- one payment may be made following completion of the project, or the property owners will be allowed five years to pay their assessments at an interest rate of 54%. He also indicated that in hardship cases, this period may be extended to 10 years. Mr. Smith noted also that the staff has planned certain driveway locations for the various pieces of property, but these locations may be changed at the owners' requests. Assistant City Attorney Holtz inquired about the contemplated completion date of the project, and Mr. Smith replied that the contractor should complete the project in May of 1981. Assistant City Attorney Holtz called as his next witness Mr. William J. "Bill" Holly and ascertained through questioning of the witness that Mr. Holly is a Real Estate Broker, licensed in the State of Texas; that he has 27 years of experience as a real estate appraiser; he has performed this type of appraisals for the City for five years, including all types of residential and commercial property; and that he is thoroughly familiar with the Lamar School Area Unit 11 Project and has examined each and every piece of property included in the project. • Minutes Special Council Meeting June 11, 1980 Page 4 Assistant City Attorney Holtz inquired of Mr. Holly if there are any irre- gular or pie -shaped lots on which he would recommend a. reduction in the assessments. Mr. Holly stated that there are no irregularity shaped lots but there are a large number of pieces of property being utilized for single-family dwellings but which are zoned "A-2" or "I-2" on which he would recommend a reduction if those pieces of property are rezoned "R -1B" to properly reflect the use. City Manager Townsend explained that all of the assessment notices were mailed to the property owners according to the zoning of the property and reiterated that if the property owners request that their property be rezoned "R -1B", their assessments could be reduced accordingly. Assistant City Attorney Holtz stated that he had completed the formal testimony. Mayor Pro Tem Sample then invited comments from the audience. Mr. Ben Sandate, speaking on behalf of his mother who is a property owner in the area, objected to the fact that the Mayor was not in attendance and the fact that this hearing was not conducted at City Hall. Mayor Pro Tem Sample explained that Mayor Jones was out of the City attending a meeting of the Mayors Conference and noted that the Council had set the public hearing at this location in order that more citizens in this area could attend the meeting. Mr. Heriberto R. Ponce, 424 Old Robstown Road, commented that Mr. Smith had indicated that 50% of the streets in the project would have new water lines installed and inquired as to whether or not Meuly Street would be included in this percentage. Chief Engineer Smith replied that a 6" water line will be installed on Muely Street. Mr. William F. Garcia informed the Council that he is 'unemployed and inquired as to how he will be able to pay his assessment. City Manager Townsend explained that in hardship cases, the property owners may take as long as 10 years to pay their assessments. He explained that the employees of the Voluntary Paving Section will call on each property owner to discuss the method of payment. Mins Special Council Meeting June 11, 1980 Page 5 Mr. Lontos then introduced the employees of the Department of Engineering and Physical Development who will contact all of the property owners. Mr. Louis P. Soto, 2725 Marguerite, noted that his property Is presently zoned for commercial use and requested that his property be downzoned to "R -1B." City Manager Townsend noted that Mr. Soto has been employed by the City for a number of years and is a very fine employee. He suggested to Mr. Soto that he contact one of the staff members present and inform them that he would like to have his property rezoned to "R -1B." Mr. Leon Brand, one of the property owners on Muely Street, stated that he has a place of business on Port Avenue; his customers presently park at the back of his store; and if sidewalks are installed on Meuly Street, the parking will be eliminated. He stated that a 10 -foot driveway would help his parking situation. Mr. Smith explained that if the property owner can demonstrate that he can obtain access to his property in a smaller driveway, the staff will be glad to discuss this with him. There were no further comments from the audience. Council Member Zarsky thanked everyone for attending the meeting and explained that the Council is very proud that this entire area is being improved with the street reconstruction. He pointed out that when a new subdivision is constructed, the purchasers of the individual lots must pay for the entire cost of the streets, curbs, gutters, sidewalks and driveways, but through the Bond Program and Community Development funds, these property owners will have their streets improved at a much lesser cost. There being no further comments, on motion by Zarsky, seconded by Best and passed unanimously, the Special Council Meeting was adjourned at 8:08 p.m., June 11, 1980.