HomeMy WebLinkAbout15648 ORD - 07/23/1980AN ORDINANCE
CLOSING TRE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
Padre Island Drive (S.H. 358), from west of S.H. 286
Interchange to 1.2 miles northwest of Airport Ditch;
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 AN ASSESSMENT; FIXING A LIEN AND
CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLEC-
TION; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by
duly enacted ordinance passed and approved on the llth day of
June
, 19_8Q, determined the necessity for, and ordered the
improvement of the following streets:
Padre Island Drive (S.H. 358), from west of S.H. 286
Interchange to 1.2 miles northwest of Airport Ditch
15618
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MICROFILMED
AUG 2 91990
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in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated June 11 ,
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 improvements to their lowest and
most advantageous bid and said contract has been awarded to Heldenfels
. Brothers, Inc. , as authorized by Ordinance No.
, dated , 1980, and the performance bond required
by said contract has been properly furnished by said contractor and ac-
cepted 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 pro-
posed 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
WHEREAS, said City Council, by duly enacted ordinance dated
T,,nP 11 , 19 g , did determine the necessity of levying an assessment
for that portion of the cost of constructing said improvements on the above
named streets, within the limits herein defined, to be paid by the abutting
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property and the real and true owners thereof, and by ordinance dated
June 11 , 19did order and set a hearing to be held at 3:00 p.M.
on the 16th day of July
, 1980, at City Council Chambers, City Hale
in the City of Corpus Christi, Texas, for the real and true owners of the
property abutting upon said streets, within the limits above defined, and
for all others owning or claiming any interest in, or otherwise interested
in said property, or any of said matters as to the assessments and amounts
to be assessed against each parcel of abutting property and the real and
true owner or owners thereof, and as to the special benefits to accrue to
said abutting property by virtue of said improvements, if any, or con-
cerning any error, invalidity, irregularity or deficiencyin any proceed-
ings, or contract, to appear and be heard in person or by counsel and offer
evidence in reference to said matter; 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 A4niotated 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 fourteen (14) days prior to the
hearing to such owners and by publishing three times notice of such hearing
in the Corpus Christi Times, the first of which publication was at least
twenty-one (21) days 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 July 16 1980
in City Council Chambers, City Hall,
in the City of Corpus
Christi, Texas, in accordance with said ordinance and notice, at which time
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-'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 compared with the coat 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 improvements,
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, testimony and statements, said City
Council finds that each and every parcel 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 improvements 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 thereof, and said City
Council did consider and correct all errors, invalidities or deficiences
called to its attention and did find that all 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 proceedings of said City Council heretofore had with reference to such
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improvements, and in all respects to be valid and regular; and said City
Council ?id 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 equitable, and as producing
substantial equality considering the benefits 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 testimony 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 pro-
tests 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 limits defined, that the special
benefits in the enhanced value to accrue to said property and the real
and true owner or owners thereof, 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 considering the benefits received
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and the burdens imposed thereby, and are in accordance with the laws of the
SLate 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 not 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 improvements 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 improvements 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 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
froom 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 herein-
above 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 herein 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 PIAN", 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 evidence said assessments against said parcels of pro-
perty 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 completion of said work on said street, and the
findings of the Director 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 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 1/47.) per annum with reasonable attorney's fee and all costs and expenses
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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: June 11 , 1980, and a personnel liability and charge against
the real and true owner or owners be named or correctly named herein, 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; add 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 acceptance by
City; or
2. Payments to be made in maximum of 60 equal installments, 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 install-
ments 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 acceptance by the City, until
paid, at the rate of five and one -forth percent (5 1/4%) per
annum; provided, however, that the owners of said property
availing 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) is 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 Assessments, the
liens securing same and the several sums assessed against the said parcels of
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property and the real and true owner or owners thereof and the time and terms
of payment, and to aid in the enforcement 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 acceptance of the improvments 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 property 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 property or in giving the name of any owner
or owners, or otherwise, shall in anywise invalidate or impair the assess-
ment levied hereby or the certificate issued in evidence thereof.
That said certificate shall further provide substantially that if
default shall be made in the payment of any installment 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 cost 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 lawful ad valorem taxes", from and after the date said improvements were
ordered by said City Council, to-wit: June 11 , 1980, and
shall provide in effect that ..f 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 property therein described in the manner
provided for the collection of ad valorem taxes as above recited, or by suit
in any Court having jurisdiction.
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That said certificate 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 regularly 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.
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 on 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,
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 thereof,
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
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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
thereof, and with the terms, powers and provisions of said Chapter 106 of the
Acts of 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 bad
made by said City Council.
SECTION 8. The fact that the above-described streets have become
important thoroughfares and the fact that the present condition 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 an emergency
and necessity exists, and having requested that said Charter rule be suspended
and that this ordinance be passed finally on the date of its introduction
and take effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED, this the 23 day of
ATTEST:
47q7 tary
APPROVED:
2 3 DAY OF JULY , 1930
J. BRUCE AYCOCK, CITY ATTORNEY
July , 1980.
,.
MAYO
HE�,C OF CORPUS CHRISTI, TERAS
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Corpus Christi, Texas
Xljday 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,
CHRISTI,
E CI HRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
OF CORPUS
The above ordinance was
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
passed by the following vote:
156418
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FINAL ASSESSMENT ROLL
SOUTH PADRE ISLAND DRIVE
(S.H. 358)
FROM WEST OF S.H. 286 INTERCHANGE
TO 1.2 MILES NORTHWEST OF AIRPORT DITCH
JULY 23, 1980
This project includes the improvement of State Highway 358 within the limits
described and provides for six lanes of traffic divided by a median barrier
at the center. Frontage roads shall be constructed for two lanes of traffic
on each side of the highway. These roadways will be 32 and 35 feet wide with
a 6" compacted lime subgrade, a 12" flexible base and 111" hot -mix asphaltic
concrete surface. A 6" curb and 111' gutter section shall be constructed on
the outboard side of each frontage road and a machine laid header type curb
shall be constructed on the inboard side. Standard 4' wide reinforced con-
crete sidewalks 4" thick and reinforced concrete driveways 6" thick shall be
constructed as shown in the plans and specifications of the State Department
of Highways and Public Transportation.
This project is being constructed jointly by the City and the State Department
of Highways and Public Transportation and is an improvement assessment
project. Based on low bid prices submitted by Heldenfels Brothers, Inc. and
the City's current assessment policy, abutting property owners are assessed at
the following rates:
BID PRICE ASSESSMENT RATE
Curb & Gutter $7.14 L.F. $7.14 L.F.
Sidewalk $1.31 S.F. $ .75 S.F.
Driveways $2.86 S.F. $2.86 S.F.
Total Cost
State & Federal Portion
Preliminary Assessments
City Portion
$7,941,462.74
$7,380,610.74
$ 124,679.76
$ 436,172.24
0ZZ
James R. Lontos,/P.E., Director
Engineering & Physical Development