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HomeMy WebLinkAbout16969 ORD - 03/31/1982AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR SOUTHERN STREET, FROM OCEAN DRIVE TO SOUTH STAPLES STREET, AND ADOPTING THE ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 2nd day of February, 1982, determined the necessity for, and ordered the improvement of the following street(s): Southern Street, from Ocean Drive to South Staples ' Street in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated the 2nd day of February, 1982, 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 ihe 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 King Construction Company as authorized by Ordinance No./4:176, dated LIP -e.. -e -e -R, e / 19 px, and the performance bond required by said contract has been properly 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 Engineer- ing 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 16969 SEP 2 a 1984 within the limits herein defined, to be improved, and the real and true owners thereof, and said Director of Engineering and Physical Development has hereto- fore 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 February 2, 1982, 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 property and the real and true owners thereof, and by ordinance dated February 2, 1982, did order and set a hearing to be held at 7:00 p.m. on the 24th day of March, 1982, at Menger Elementary School Cafeteria, 2209 South Alameda, in the City of Corpus Christi, Texas, for the real and true owners of the pro- perty abutting upon said streets, within the limits above defined, and for all others owning or claiming any interest in, or otherwise interested in said property, or any of said matters as to the assessments and amounts to be assessed against each parcel of abutting property and the real and true owner or owners thereof, and as to the special benefits to accrue to said abutting property by virtue of said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings, or contract, to appear and be heard in person or by counsel and offer evidence in reference to said matters; and the City Council did by said ordinance order and direct the City to give notice of said hearing to the owners abutting upon said streets as shown by the current ad valorem tax roll by mailing such notice to such owners and publishing said notice at least three times in the Corpus Christi Times before the date of the hearing, such notice of mail and by publication being in compliance with the pro- visions of Article 11054 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 -2-. 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 pro- vided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on March 24, 1982, in Menger Elementary School Cafeteria 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, 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: -3- MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MARCH 24, 1982 MENGER ELEMENTARY SCHOOL 2209 S. ALAMEDA PRESENT: Mayor Luther Jones ' *Mayor Pro Tem Betty N. Turner Council Members Herbert L. Hawkins, Jr. * Dr. Charles W. Kennedy, Jr. Cliff Zarsky ABSENT: Council Member Jack K. Dumphy Council Member Bob Gulley City Manager Edward Martin Asst. City Attny. Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order at 7:00 p.m. at Menger Elementary school and stated that the purpose of the meeting was to conduct a public hearing on assessments in connection with the Southern Street Reconstruction Project from Ocean Drive to South Alameda, as required by State law. Mayor Jones introduced Mr. James K. Lontos, P.E., Assistant City Manager, who explained that testimony would be presented by Mr. Gerald Smith, Acting Director of Engineering and Physical Development, who would explain the project, and that Mr. W. J. Holly would testify as to the enhancement to the property that would result from the improvements. Mr. Lontos then turned the meeting over to Assistant City Attorney Bob Coffin to conduct the formal portion of the hearing. *Mayor Pro Tem Betty Turner and Council Member Charles W. Kennedy arrived at the meeting at 7:14 p.m. Assistant City Attorney Coffin called as his first witness, Mr. Gerald Smith, P. E., Acting Director of the Engineering and Physical Development Department. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been the Chief Engineer for the city of Corpus Christi for approximately 22 years. Mr. Coffin verified that a copy of Mr. Smith's qualifications in resume form is on file in the Office of the city Secretary. vinutes F 11 Council Meeting 24,1982 Pay.- 2 ' Mr. Smith testified that he is thoroughly familiar with the project and displayed a transparency which Street. He explained that the street to a width and depth to permit the gutter section, 6" compacted subgrade, hot mix asphaltic concrete pavement. will be 28' in width within the existing 50' right-of-way and that there will be 4' wide reinforced concretesidewalks4" thick and 6" reinforced showed the location of Southern will be constructed hv excavation laying of a standard 6" curb and 8" compacted caliche base and 112" Mr. Smith stated that the street concrete driveways as shown on the plans or where requested by property owners. Mr. Smith explained that the assessment roll contained 77 items, all of which include property that is zoned "11-113", and the assessment rates, as set forth in the ordinance, are $4.75 per linear foot for 6" curb, gutter and pavement; $.75 per square foot for sidewalks;, and $3.46 per square foot for driveways. He stated that approximately 15% of the existing sidewalks are still in satisfactory condition and will remain in place. Mr. Smith further explained that there is no plan to remove any trees. Mr. Smith informed the Council that the low bid on this project was submitted by King Construction Company in the amount of $270,374.20; the preliminary assessments total $51,666.11; and the City's .portion of the cost of the project is $218,708.09. Mr. Smith informed the property owners that work on this project will begin 3 to 4 weeks after the contract is awarded, which he anticipates will be next week. , Mr. Smith 'further explained that the assessments will not be due until the project is concluded; they may be paid for in cash; or they may be paid over a 5 -year period at an interest rate of 61/2%, or in case of hardship, this period may be extended to 10 years. The question was asked as to why the street was being narrowed from 30' to 28', and Mr. Smith explained that 28' is the standard width for residential streets; there are many large trees close to the curb which would have to be removed to prevent the roots from lifting the curb; and that narrowing the street to 28' would resolve this problem. Another member of the audience inquired if the location .of the sidewalk would be changed, and Mr. smith replied that there would be no appreciable change. -stes al Council Meeting _ 24, 1982 Page 3 There was another question as to whether the grass between the sidewalk and the curb would be harmed, and Mr. Smith explained that some of those areas would have to be graded which might damage the grass in some instances. Mr. Smith further explained that the plans include the construction of additional catch basins at Santa Fe, Lawnview, and two other locations. He also stated that drainage would be substantially improved on the street as a result of the construction and the lowering of the street. Assistant City Attorney Coffin called as his next witness, Mr. W. J. Holly, the appraiser employed by the City. Through questioning ,of this witness, Mr. Coffin ascertained that Mr. Holly is a Real Estate Appraiser and Broker registered in the State of Texas; that he has been in, the business for approximately 27 years; and that he has .served as appraiser on a number of municipal jobs. He stated that a copy of Mr. Holly's resume, including all of his qualifications, is on file in the Office of the City Secretary. Mr. Holly testified that he is thoroughly familiar with all of the property included in the assessment roll and stated thatafterexamining all of the property, he found no odd -shaped or irregular-shaped lots that would. warrant a reduction in the assessment for any piece of property. Mr. Holly stated that it was his professional opinion that all of the properties being assessed in this street improvement project will be enhanced in value at least in the amount of the improvements. Mayor Jones called .for comments . from the audience on the assessments: Mr. John Warren, 418 southern, inquired if the contractor on the project cOuld be employed to extend driveways to the rear of the properties, and Mr. Smith replied that any agreement between the property owners and the contractor would have nothing to do with the City. The contractor, who was in the audience, indicated that he would be glad to work with individual property owners on their driveways. Mr. Lontos then introduced members of the Engineering staff who will be available to assist any property owners who had questions on the project. -tes . • al Council Meeting . 24, 1982 Page 4 „ Mayor Jones invited Council Members to make any remarks they desired. Council Member Zarsky referred to a different type of fire hydrant On one of the streets in this area and inquired about it. Mr. Lontos informed Mr. Zarsky that he would investigate and provide a report. .City Manager Ed Martin commended the property owners of Southern Street who had been instrumental in bringing this project forward and pointed out how such improvements keep Corpus Christi a vibrant City. Mayor Jones introduced Mr. R. T. Bailey, Vice President of King Construction Company, who expressed his appreciation for being awarded. the contract on the project and stated that he would available during construction to 'work with the property owners and assured them that he would perform the best job possible. He also stated that he would write a letter to all.of the property owners informing them as to the date construction will commence and providing them with a telephone number where personnel of his company may be reached. There being no further business to come before the _Council, on motion by Council Member Zarsky, seconded by Council Member Kennedy and passed unanimously, the special Council Meeting was adjourned at 7:52 p.m., March 24, 1982. 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 con- tract 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 state- ' ments, 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 bene- fited 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 proceed- ings were being had, and the proceedings of said City Council heretofore -4-. 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 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 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 limits defined, that the special benefits in the enchanced 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 and the burdens imposed thereby, and are in accordance -5- 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 0 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 pro- visions 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 pro- ceedings 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, 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 by 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: -6- 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: February 2 , 1982 , and a personal 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 improvements, 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 acceptance by the City, un until paid, at the rate of six and one-half percent (6 1/2%) 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 assessments, the liens securing same and the several sums assessed against the said parcels -8- or 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 certi- ficates 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 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 descrip- tion 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 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 lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, to -wit: . February 2 , 1982 , 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 collec- tion of ad valorem taxes as above recited, or by suit in any Court having jurisdiction. -9- That said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regu- larly had in compliance with the law and Charter in force in said City and the preceedings 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 regu- larly 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 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 liabi- lity 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 assess- ment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and.such mis- take, 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 assessment prepared by the Director of Engineering and Physical Development and approved and adopted -10- 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 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by closing the public hearing and adopting the assessffent roll for the herein described public improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading -as an emergency meas-Ure this the 3/ day of Ka41/ ,/1982. ATTEST: ./...k,.0///jett<. eretary MAYOR APPROVED: 5/ DAY OF , 1982. J. BRUC COCK, CITY ATTORNEY THE CI OF CORPUS CHRISTI, TEXAS _ Corpus Christi Texas _5/ day of , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it iS introduced, or at the present meeting of the City Council. • Respectfully, Respectfully, Council Members The above ordinance was Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR THE CITY 0 VCORPUS CHRISTI, TEXAS passed by the following vote: 16989