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HomeMy WebLinkAbout15848 ORD - 10/29/1980AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: HENDRICKS STREET, FROM PADRE ISLAND DRIVE TO BUSH 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 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 3rd day of September 19 80 , determined the necessity for, and ordered the improvement of the following streets: . ) STREET IMPROVEMENTS, INCLUDING A 40 -FOOT WIDE STREET WITH CURB, GUTTER, SIDEWALKS AND DRAINAGE . ON HENDRICKS STREET, FROM SOUTH PADRE ISLAND DRIVE TO BUSH STREET, .2) SANITARY SEWER IMPROVEMENTS CONSISTING OF A 10 -INCH DIAMETER PIPE AND APPURTENANCES, FROM A POINT IN SOUTH PADRE ISLAND DRIVE, 270 FEET EAST OF THE HENDRICKS STREET - SOUTH PADRE ISLAND DRIVE INTERSECTION WESTERLY TO HENDRICKS STREET, AND IN HENDRICKS STREET FROM SOUTH - PADRE ISLAND DRIVE TO A POINT 30 FEET WEST OF BUSH STREET; 3) -WATER LINE IMPROVEMENTS, CONSISTING OF AN 8 -INCH DIAMETER LINE WITH NECESSARY VALVES, FITTINGS AND FIRE HYDRANTS IN HENDRICKS STREET `FROM SOUTH PADRE ISLAND DRIVE TO -BUSH STREET, MiralgaLo. SEP 271984 15848 in the manner and according to the plans and -specifications heretofore approved and adopted by the City Council by ordinance dated Sept.3 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 A & G Utility Company , as authorized by Ordinance No. , dated October 29 , 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 September 3 , 1911, 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 2 property and the real and true owners thereof, and by ordinance dated September 3 , 1980, did order and set a hearing to be held at 3:00 P.M. on the 1st day of October , 1980, at City Hall, City Council Chambers, 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 deficiency in 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 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 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 October 8 , 1980, in the City Council Chambers, City Hall, 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, corpo- rations 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: 4 A nutes Regular Council Meeting October 8, 1980 Page 2 City Manager Townsend informed the Council that the applicants agreed that recessed hearing should be further recessed until November 5, 1980. Mayor Jones ascertained that no one in the audience wished to speak on this matter and there was apparently no objection to further recessing the hearing. Motion by Turner that the public hearing on this item be further recessed until November 5, 1980; seconded by Dumphy; and passed unanimously. .. ., * .. .... .. z .. .. .. .. * * .. .. * * * .. .. * .. .. .. .. .. .. .. .. .. .. Mayor Jones then announced the recessed public hearing on the following item: Paving assessments for improvement of Hendricks Street from South Padre _ Island Drive to Bush Street. The assessment roll involves eight property owners ($74,555.04). Last week the hearing was recessed until 2:00 P.M. today. City Manager Townsend reminded the Council that this particular hearing was recessed the preceding week and requested that Assistant City Attorney Bob Coffin continue the hearing. Mr. Coffin noted that last week at the point of recess, Mr. Bob. Sorrell was preparing to present his side of the case. - Mr. Bob Sorrell, Attorney representing Mr. George Gaines and Mr. R. F. Emmord, property owners of the Colonia Hidalgo Subdivision, which is located north of Hendricks Street, presented several documents as evidence pertaining to his objection of the assessments levied against Mr. Emmord and Mr. Gaines. These documents included a plat filed with the County of Colonia Hidalgo Subdivision; the plat of Hendricks Subdivision filed with the County on July 16, 1964; copies of two zoning maps of the City from the City zoning map of 1965 and 1970, which show the property in question. Mr. Sorrell also presented a document from the deed records of Nueces County which refers to restrictions specifying that some of the lots in that subdivision must be developed for resi- dential use. Mr. Sorrell also presented as evidence a certified copy of Ordi- nance No. 15667 which closes a portion of Molina Drive between the property owned by Mr. Gaines and Mr. Emmord. Mr. Sorrell then called on Mr. George Gaines to testify. Mr. Gaines referred to the transparency depicting the affected property and reviewed the hearing conducted on his request to close Molina Drive. He .-i i nutes Regular Council Meeting October 8, 1980 Page 3 . referred to the fact that he had previously been assessed for street Improvements on the Padre Island Drive access road which abuts his property and pointed out that those assessments and the assessments levied against his property for the street improvements to Hendricks would total about $18,000 for a small one -acre tract of land. Mr. Gaines informed the Council that at the time he acquired the subject property, he was not aware that Hendricks Street would ever be constructed; he paid for the sanitary sewer and water lines to serve his property along Padre Island Drive; and expressed the opinion that the assessment for Hendricks Drive is the result of some errors made years ago in connection with this property. He contended that he should not have to pay approximately $12,000 for these assessments because this street construction would not benefit him in any way, and since the property owners of Hendricks Subdivision have to have the street and the sewer and water lines, he felt that they should pay for the assessments of this street improvement.project. Mr. Gaines further informed the Council that he had been approached by Mr. Ray Alvarez of the City's Property and Land Acquisition Division, who offered to purchase from him a small corner of his property at the price of $400, whereas just the assessment for this portion would be approximately $1,400. He indicated that he did not feel that this was a fair price for that reason. Mr. Gaines also objected to his assessment statement in which he was charged for the water line even though he already has water service to his property. Mr. Sorrell then asked Mr. Gaines to relate the circumstances in regard to the first revised assessment recommended by Mr. Holly. Mr. Gaines explained that a letter from Mr. Holly dated September 29, 1980 was hand delivered to him and the recommendation for his assessment was for a credit of a lesser amount than that subsequently recommended by Mr. Holly after he discussed the matter with the City staff. Mr. Sorrell then presented a number of photographs of Mr. Gaines' pro- perty which indicated that all of his buildings front on Padre Island Drive and contended that his property would not be enhanced by the street improvements on Hendricks since this would not even provide a second access to his property. . Minutes "Regular Council Meeting October 8, 1980 Page 4 Mr. Sorrell summarized by pointing out that the Council sits as a group to determine whether or not the assessments are just and equitable and enhance the property of abutting property owners at least in the amount of the assessments and that it is their position that there is no enhancement to either the property of Mr. Gaines or Mr. Emmord by the improvements planned for Hendricks street. He pointed out that all of the benefits of the street improvements will be received by the owners of the Hendricks Subdivision property and they should have been required to put in the street at the time it was developed. Mr. Sorrell also questioned whether or not there has ever been an acceptance of the Colonia Hidalgo Subdivision or the Hendricks Subdivision, and even if they have been accepted, he contended that his clients' property does not abut Hendricks Street since there is no street actually located there. City Manager Townsend noted that even if the City does accept a plat, this does not mean that the City will put in the street. He also pointed out that Mr. Gaines' statement that he was told that he would not have access to Hendricks Street was incorrect. Council Member Diaz addressed a question to Mr. Sorrell as to why he made the statement that Colonia Hidalgo Subdivision was never accepted and why" he contends that his clients do not have access to Hendricks Street. Mr. Sorrell replied that Colonia Hidalgo was platted many years ago; at that time there were restrictive covenants which indicated that it would be a residential subdivision but it was later. rezoned for industrial use; and he was of the opinion that after the zoning was changed, the owners no longer had to dedicate right-of-way for the street. City Manager Townsend then asked Mr. Sorrell who owns that 25 feet of right-of-way if his clients do not. Mr. Sorrell did not explain and then called on Mr. R. F. Emmord to testify. Mr. Emmord stated that Hendricks Subdivision was platted in 1964 and the plat was accepted on the condition included in a letter from Mrs. Hendricks to the effect that she would develop the street. Mr. Emmord further informed Minutes Regular Council Meeting October 8, 1980 Page 5 the Council that he purchased his portion of Colonia Hidalgo Subdivision in 1972 and he was not aware at that time that a street even existed south of his property. He stated that he, too, is a real estate broker and indicated that his appraisal of the property in question would be more objective than Mr. Holly's since Mr. Holly was employed by the City. He agreed with Mr. Gaines that Hendricks Street would not benefit him in any way and pointed out that assessments are to be based on an equitable basis and the only property owners who will benefit from the con- struction of Hendricks Street are those with property in the Hendricks Subdivision. Mr. Emmord also noted that Mr. Lanphier, who is currently developing several lots in that subdivision, was granted a permit in error. Council Member Best inquired of City Manager Townsend if assessments are not only based on an equity basis of the property owners but consideration should be given as to whether or not such street improvement should not also be considered if it is in the best interest of the public, and City Manager Townsend agreed that this must be considered.' Council Member Turner asked if this street was required initially when this property was first developed and it was not constructed, what is the usual procedure for this kind of case. - City Manager Townsend replied that he did not recall a similar case, so there is no precedent, but there are many situations in which paper streets exist and the owners have failed to develop the street. Mrs. Turner continued by inquiring if enhancement must be proven before assessments can be levied against abutting property owners. City Manager Townsend explained that first the Council must find the necessity to construct the street, following which they must determine whether the abutting property is being enhanced at least in the amount of the assessments. Mr. Townsend further stated that the developers of Hendricks Subdivision were sent a letter by the City indicating that they had to provide improvements before their plat could be approved, and basically, this obligation passes to the purchaser of the lots and how this obligation is distributed among several property owners is questionable. - - Minutes Regular Council Meeting October 8, 1980 Page 6 Mr. Sorrell informed the Council that his clients had commissioned Mr. Harlan Heitkamp to prepare an engineering report, and in this report, Mr. Heitkamp had expressed the opinion that these properties will not benefit from the construc- tion of Hendricks Street, nor will they benefit from the installation of water and sanitary sewer lines. Mr. Sorrell also stated that Mr. Heitkamp had expressed the opinion that drainage from the properties could be worse after the construction of the street and the new street will not provide any new access to his clients' pro- perty. Mr. Sorrell then called as his next witness, Mr. Terry Wood, real estate appraiser. Mr. Wood testified that he is a real estate appraiser and is a member of the American Institute of Real Estate Appraisers and that he is familiar with the property along Padre Island Drive on which he has made appraisals. Mr. Sorrell asked Mr. Wood if the City does not allow access from the Gaines property to Hendricks Street because of the way the buildings are_constructed, in his opinion, would there be any enhancement or measurable benefit to the property owned by Mr. Gaines. Mr. Wood stated that, in his opinion, Mr. Gaines' property would not be enhanced and that the property owners of Hendricks Subdivision would receive much greater benefit than the owners in Colonia Hidalgo Subdivision:even by the exten- sion of sanitary sewer and water lines. Council Member Dumphy pointed out that there are no water or sewer lines to the property owned by Mr. Emmord and he was of the opinion that Mr.-Emmord would certainly benefit from the sewer and water lines. City Manager Townsend agreed and noted that Mr. Emmord would have to pro- vide fire hydrants throughout his property if it is developed. City Manager Townsend also asked Mr. Wood about his statement that there would be no enhancement to the property of Mr. Gaines and Mr. Emmord by the con- struction of Hendricks Street. He pointed out that their property fronts on the Padre Island Drive access road which is one way and contended that the construction of Hendricks Street would provide a good circulation of traffic around the property north of Hendricks Street. ,Minutes Regular Council Meeting October 8, 1980 Page 7 Mr. Wood expressed the opinion that traffic circulation is already provided by other streets in the area. The next person speaking in regard to this assessment hearing was Mr. Richard Hatch, attorney representing the Lanphiers and other property owners of Hendricks Subdivision. Mr. Hatch related that the first time he appeared before the Council was at the time Mr. Gaines and Mr. Emmord had requested that a portion of Molina Drive from Padre Island Drive to Hendricks Street be closed; they contended that this street was of no benefit; the Council agreed to close the street; and they benefited from this closure since they acquired the property as abutting property owners. He related that at the time of that public hearing, the subject of Hendricks Street was brought forth and Mr. Gaines and Mr. Emmord were rather silent about their willingness to participate in the installation of the street. Mr. Hatch reminded the Council that 25 feet of the Hendricks Street right-of-way came out of the Colonia Hidalgo Subdivision and the original developers did not install the street either. He expressed the opinion that Hendricks Street should have been constructed many years ago, and as City Manager Townsend pointed out, the new 1 developers were more or less responsible for the construction of the street. Mr. Hatch pointed out that none of the planned sewer costs have been assessed against Mr. Gaines' property because he already has sewer service; the full assessment has not been made for the water line to Mr. Gaines' property because he already has a partial water line; and because his property is triangular in shape, Mr. Holly has recommended a reduction in his assessment. He reminded the Council that the question before them at this time is whether or not the subject property will be enhanced at least in the amount of the assessments. Mr. Hatch continued by referring to a zoning case before the Council of property behind Best Products, which fronts on Padre Island Drive, at which time there was considerable oppositionto rezoning the property because the access road on Padre Island Drive is only one way. He pointed out that the development of Hendricks Street would certainly benefit Mr. Gaines and Mr. Emmord by better circulation of traffic. Mr. Hatch also reminded the Council that these two property owners certainly benefited from the closing of Molina Drive since they acquired the property after the street was closed. A i nutes Regular Council Meeting October 8, 1980 Page 8 Mr. Hatch informed the Council that his clients who own property in the Hendricks Subdivision are willing to pay their assessments -- 90% of the cost of the water line, 90% of the cost of the sanitary sewer, and 40% of the cost of the street improvements. Mr. Gaines addressed the Council again and stated that he and Mr. Emmord had requested the closing and abandonemtn of Molinda Drive because it was not main- tained and reminded them that he attempted to withdraw his request when the subject of Hendricks Street surfaced during that hearing. Mr. Emmord also pointed out that the minutes of that public hearing will reflect that he did not know anything about Hendricks Street and he indicated at the time that he did not care whether Molina Drive was closed or not. City Manager Townsend stated that he felt that he should provide some history of this project. He related that one property owner (Mr. Lanphier) had commenced construction of improvements on several lots in the Hendricks Subdivi- sion with a permit which was possibly issued in error, and it is the staff's recommendation that the project costs should be borne by the abutting property owners; a contract for the street improvements has not been awarded; there is a need to prove equity as to who should pay for these improvements; according to the preliminary assessment roll, the City's portion of the street improvement cost will be $52,436; and stated that he would like to ask Mr. James K. Lontos, Director of Engineering and Physical Development, to remind the Council how the City had reached this point. Mr. Townsend again pointed out that the developer was required to provide the necessary improvements for this property, and the usual procedure is to remind them again that this is their responsibility. Mr. Lontos explained that Mr. Lanphier submitted plans for improvements for a portion of Hendricks Street and the extension of water and sewer lines; the engineering staff reviewed those plans and attempted to work out an equitable solution; the sanitary sewer line needs to be oversized to serve other areas; and the City agreed to pay for the oversizing with Mr. Lanphier to pay for the line to serve the other area. Mr. Lontos stated that Mr. Lanphier did not want sidewalks constructed, and although he wanted to improve Hendricks Street, he planned to improve only that portion in front of his property. , Minutes Regular Council Meeting October 8, 1980 Page 9 Mr. Lontos continued by stating that the plan to pursue the assessment method for the improvements was suggested by Mr. Lanphier, and it was presented to the Council shortly after that. City Manager Townsend expressed the opinion that all property owners should bear the cost according to the improvements provided them. - Mayor Jones summarized by pointing out that the Council can approve the assessment roll as it has been adjusted, even though the City will have to pay over $50,000 of the cost of the street, or the City can drop the matter and not construct the street. City Manager Townsend noted that the Council can set a maximum for City participation and allow the property owners to bear the cost of the balance of the project. Council Member Diaz asked the attorneys representing the various property owners for their suggestions for alternatives. Mr. Sorrell suggested that if the Council has already decided that assess- ments should be made against abutting landowners, the only decision they need to make is whether or not the enhancement to the property is equitable with the amount of the assessment. He expressed the opinion that Mr. Lanphier collaborated with Mr. Lontos to attempt to have Mr. Gaines and Mr. Emmord help with expenses to provide a street to serve the Hendricks Subdivision property. Mayor Jones inquired if Mr. Sorrell was advocating that this street not be constructed, and Mr. Sorrell replied that his clients do not care whether the street is built or not. Mr. Hatch addressed the Council again and referred to his earlier comment that Mr. Gaines and Mr. Emmord had persuaded the Council to close Molina Drive was only in rebuttal to the statement made by Mr. Sorrell that they questioned the existence of Hendricks Street because their request for closing Molina Drive des- cribed it as a portion extending from Padre Island Drive to Hendricks Street. He further explained that Mr. Lanphier only wanted to obtain sewer and water service for his property and was not interested in a street, but there are other property owners in the Hendricks Subdivision who will have no access if Hendricks Street is iinutes Regular Council Meeting October 8, 1980 Page 10 not constructed since Molina Drive has been closed. Council Member Best ascertained by questioning City Manager Townsend that when a street is closed, the property is usually divided in the middle and awarded to the abutting property owners. Dr. Best stated that he realized that Mr. Gaines will not benefit from the construction of Hendricks Street, and if the Council decreases his assessment, and since Mr. Emmord will benefit from construction of the improvements, they might take into consideration the fact that both of these property owners benefited by the closing of Molina Drive to add to their existing property. City Manager Townsend noted that there are a lot of things the property owners could accomplish among themselves by working together, and the owners are responsible for resolving this matter. - Chief Engineer Smith pointed out that the staff does recommend that the water line cost assessed against Mr. Gaines' property in the amount of $1,919.25 be eliminated from his total assessment. Motion by Zarsky that the hearing be closed, seconded by Diaz and passed unanimously. - - Motion by Zarsky that in view of the fact that Mr. Gaines would have no enhancement to his property by the proposed improvements, that he should not be assessed; assessments for improvements to Mr. Emmord's property should be for a total of $10,000; and the balance of the assessments should be paid by the property owners in Hendricks Subdivision since they will benefit from the street, water and sewer improvements. Mr. Zarsky explained that the reason for this motion is because Mr. Gaines' property will not be benefited in any way, but there will be an enhance- ment of Mr. Emmord's property in that traffic circulation will be improved. He further stated that he was of the opinion that the City should not have to pay any more of the costs of these improvements and that the other owners of the 19 lots should pay the balance of the assessments. Council Member Diaz seconded the motion. Council Member Turner agreed in principle to the motion but inquired as to how Mr. Zarsky arrived at the $10,000 figure for Mr. Emmord's assessment. City Manager Townsend also pointed out that the cost of the water line should be paid by Mr. Emmord since there is a water line requirement on his pro- perly along the south of his property. inutes Regular Council Meeting October 8, 1980 Page 11 Council Member Zarsky then amended his motion to include the cost of the water line for Mr. Emmord's property in his assessment for a total of $14,111.46. City Manager Townsend pointed out that if the owners of the other 19 lots do not agree to the additional assessments, a second public hearing and notifica- tion procedure will be required. Council Member Best agreed with Mr. Zarsky's motion pertaining to Mr. Emmord but stated that he feels that Mr. Gaines should pay some assessment based on the fact that Molina Drive was closed and he benefited from the additional land acquired as a result of this closing. Mayor'Pro Tem Sample asked for a comparison of the value per square foot of the land that Mr. Gaines acquired when Molina Drive was closed and the value of the property that the City wishes to acquire from Mr. Gaines'in connection' with the construction of Hendricks Street. City Manager Townsend explained that the City has requested 277 square feet from Mr. Gaines to allow for the curve of the street. Council Member Best inquired about the amount .of land obtained by Mr. Gaines when Molina Drive was closed, and City Manager Townsend .stated that the value of property fronting on Padre Island Drive would be pertinent to this question. Mr. Holly stated that this was discussed with Mr. Gaines, and he acquired 5,800 square feet at a value of $3.00 per square foot. Council Member Best then offered an amendment to Council Member Zarsky's motion that an additional stipulation be included in this settlement to the effect that Mr. Gaines not be assessed any amount but that he contribute the 277 square feet to the City to enable the street to be curved along his property. Mayor Pro Tem Sample seconded the amendment to the motion, and Council Member Zarsky agreed to the amendment. Council Member Dumphy reminded the Council that a number of items have been discussed that have nothing to do with this assessment hearing. Council Member Zarsky stated that he felt that it is practical to investigate the entire matter, and since Mr. Gaines did benefit by the acquisition of land from the closure of Molina Drive, this could be taken into consideration. Minutes 'Regular Council Meeting •October 8, 1980 Page 12 Mayor Jones called for the vote on the amendments to Mr. Zarsky's motion, and the motion passed by the following vote: Jones, Sample, Best, Diaz and Zarsky voting "Aye"; Dumphy and Turner voting "Nay." Mayor Jones then called for the vote on Council Member Zarsky's original motion and it passed unanimously. City Manager Townsend emphasized the fact that this action would be in order subject to the consent of the owners of the 19 lots in Hendricks Subdivision, and if they do not agree, he would assume that the staff is being instructed to proceed with the necessary ordinances and the mechanics of setting a second public hearing. It was the consensus of the Council that this was their intent. Mayor Jones noted that a public hearing on zoning applications had been scheduled for 3:30 p.m. and suggested that the Council might wish to convene the Special Council Meeting for that purpose. Motion by Diaz that the Regular Council•Meeting be recessed at 3:50 p.m., seconded by Zarsky and passed unanimously. - - - Mayor Jones reconvened the Regular Council Meeting at 6:05 p.m. and called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Manuel Rodriguez, a shrimp boat owner, stated that he is representing the commercial boat owners and desired to protest the law that does not allow for the sale of shrimp from boats in the Marina. Mr. Rodriguez indicated that he was speaking on behalf of the Mexican -American commercial boat owners and suggested that the City's ordinance be changed to allow citizens to purchase shrimp and fish from the T -Heads. He presented to the Council a letter from Representative Arnold Gonzales expressing support for the area shrimpers in their effort to sell shrimp off their boats at the T -Heads. Council Member Turner stated that it was her understanding that the Marina Board had met to discuss this matter and had recommended that such a practice be allowed. 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 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 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 5 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 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 6 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 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 frost 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: 7 PRELIMINARY ASSESSMENT ROLL HENDRICKS ADDITION STREET, WATER AND SANITARY SEWER IMPROVEMENTS OCTOBER 22, 1980 The Hendricks Addition improvements shall include improvements to the following street: Hendricks Street, from Padre Island Drive to Bush Street. These improvements shall include the construction of a 40—foot wide street by excavation to a width and depth to permit the laying of a standard curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 2" type "D" Hot Mix Asphaltic pavement. There will be a 5' wide reinforced concrete sidewalk' tied to the curb on both side of the street. An 8" water line and a 10" sanitary sewer line will be constructed in conjunction with the street improvements. This is an assessment project and assessment rates have been calculated in accordance with the latest policy adopted by the City. Based on this policy and the low bid submitted by A & G Utility Company, Inc., the assessment rates are as follows: STREET 40' BOC 6" Curb, Gutter and Pvmt. $41.22 L.F. ('i Street Cost) Sidewalk $2.00 S.F. 8" Water Line $8.90 L.F. 10" Sanitary Sewer Line $10.82 L.F. BIDUNIT ASSESSMENT PRICE COST RATE TOTAL CONTRACT PRICE PRELIMINARY ASSESSMENTS TOTAL CITY PORTION $126,991.20 74.555.63 $ 52,435.57 JKL/dl $38.29 L.F. $1.00 S.F. $8.53 L.F. $10.37 L.F. ;games K. Lantos,, P.E., Director / Engineering & Physical Development R ASSESSMENT ROLL CLOSING HEARING STREET, WATER AND SANITARY SEWER IMPROVEMENTS FOR HENRICKS STREET Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY DESdRIPTION ASSESSED OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 1. HENDRICK STREET S.P.I.D. Ti BUSH ROAD SOUTH SIDE Mark K. Bleakly Trust 79.77L.F. C.G.& PVMT. 19.50 1,555.52 C/o San Angelo Ntl.Bank * 79.77L.F. C.G.& PVMT. 18.79 1,498.88 Box 5291 398.85S.F. S/W 1.00 398.85 San Angelo, Tx. 76901 -0- S.F. S/W -0- -0- Lot 1R, Block A -0- S.F. D/W -0- -0- Hendrick Addition -0- S.F. D/W -0- -0- **CR EXST Water & SS **-0- Other LF * Increased by Council Action Southern Plumbing Supply 200.00L.F. C.G.& PVMT. 200 S. Brownlee 78403 * 200.00L.F C.G.& PVMT. Lots 2 thru 5, Block A 1,000.00S.F S/W Hendricks Addition -0- S.F S/W 1-2 -0- S.F D/W * Increased by Council -0- S.F D/W Action 200.00 0 her LF Water 200.00 0 her LF Sewer 3. Vernon A. Tate 50.00L.F. C.G.& PVMT. 902 Carmel Parkway 78411 * 50.00L.F. C.G.& PVMT. Lot 6, Block A 250.00S.F. S/W Hendricks Addition -0- S.F. S/W I-2 -0- S.F. D/W * Increased by Council -0- S.F. D/W Action 50.00 0. er LF Water 50.00 0. er LF Sewer 4. Vernest V. Hurst, Jr. 50.00L.F. C.G.& PVMT. 200 S. Brownlee 78403 * 50.00L.F C.G.& PVMT. Lot 7, Block A 250.00S.F. S/W Hendricks Addition -0- S.F. S/W 1-2 -0- S.F. D/W * Increased by Council -0- S.F D/W Action 50.00 0.her LF Water 50.00 0 her LF Sewer 19.50 18.79 1.00 -0- - 0- - 0- 8.53 10.37 19.50 18.79 1.00 -0- -0- -0- 8.53 10.37 19.50 18.79 1.00 -0- -0- -0- 8.53 10.37 3,900.00 3,758.00 1,000.00 -0- -0- -0- 1,706.00 2,074.00 975.00 939.50 250.00 -0- -0- -0- 426.50 518.50 975.00 939.50 250.00 -0- -0- -0- 426.50 518.50 3,453.25 12,438.00 3,109.50 3,109.50 ASSESSMENT ROLL CLOSING HEARING STREET, WATER AND SANITARY SEWER IMPROVEMENTS FOR HENRICKS STREET Page i ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 5. 6. 7. Hoyte Gentry Box 4228 78408 Lots 8 thru 14, Block A Hendricks Addition 1-2 * Increased by Council Action J. W. Lanphier & J. J. Lanphier Box 7098 78415 Lots 15 thru 19, Block A Hendricks Addition I-2 * Increased by Council Action George B. Gaines, Jr. Rt. 1, Box 69 78415 Lots 1, 2, & 4, Blk. 4 Colonia Hidalgo Addn. ** No Assessment ** Reduced by Council Action 350.00L.F C.G.& PVMT. * 350.00L.F C.G.& PVMT. 1,750.00S.F S/W -0- S.F S/W - 0- S.F. S/W - 0- S.F D/W 350.00 Other LF Water 350.00 Other LF Sewer 266.40L.F C.G.& PVMT. * 266.40L.F C.G.& PVMT. 1,332.00S.F S/W - 0- S.F S/W - 0- S.F D/W - 0- S.F D/W 266.40 0 her LF Water 266.40 Other LF Sewer BUSH ROAD IDTERSECTION END HENDRICK STREET END SOUTH SIDE HENDRICKS STREET S.P.I.D. TC BUSH ROAD NORTH SIDE **387.01L.F. C.G.& PVMT. ** 20.78L.F. C.G.& PVMT. *i1,935.05S.F. S/W **103.90S.F. S/W -0- S.F. D/W -0- S.F. D/W **225.00 Other LF Water 19.50 18.79 1.00 - 0- - 0- - 0- 8.53 10.37 6,825.00 6,576.50 1,750.00 - 0- -0- - 0- 2,985.50 3,629.50 19.50 5,194.80 18.79 5,005.66 1.00 1,332.00 - 0- -0- - 0- -0- -0- -0- 8.53 2,272.39 10.37 2,762.57 -0- - 0- - 0- -0- -0- - 0- -0- -0- - 0- -0- - 0- -0- - 0- -0- 21,766.50 16,567.42 -0- ti ASSESSMENT ROLL CLOSING HEARING STREET, WATER AND SANITARY SEWER IMPROVEMENTS FOR HENRICKS STREET Page 3 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED - DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 8. R. F. Emmord Rt. 2, Box 162A Goliad TX. 77963 Lots 1 thru 11, Bik. 1 Colonia Hidalgo Addition I-3 * Reduced by Council Action * 482.00L.F. -0- L.F. 2,410.00S.F. -0- S.F. - 0- S.F. - 0- S.F. 482.00 0 482.00 0 th t'h C.G.& PVMT. C.G.& PVMT. S/W S/W D/W D/W er LF Water er LF Sewer BUSH ROAD IDTERSECTION END HENDRICK STREET END NORTH SIDE END PFOJECT 1 7.8769 - 0- . 50 -0- - 0- -0- 8.53 0.37 TOTAL AS 3,796.66 -0- 1,205.00 -0- -0- -0- 4,111.46 4,998.34 14,111.46 SESSMENTS 74,555.63 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 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 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 1/4%) per annum with reasonable attorney's fee and all costs and expenses 8 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: September 3 , 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; 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 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 1/47) 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) 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 asse4aments, the liens securing same and the several sums assessed against the said parcel,: of 9 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: September 3 , 1980, 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 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. 10 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 necessarythat 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 11 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 had 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 021 day of October , 1980. ATTEST:. City Secretary APPROVED: ?,0(Ln-DAY OF , 19W J. BRUCE AYCOCK, CITY ATTORNEY A sri.stant City Atto4e THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 2.? day of V s" 19 1O 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 OF CORPUS CHRISTI, TEXAS The Charter rule was suspende. by the following vote: Luther Jones • • Edward L. Sample 1 Dr. Jack Best David Diaz ` Jack K. Dumphy /r Betty N. Turner Cliff Zarsky dr The above ordinance was pass -d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15848