HomeMy WebLinkAbout17107 ORD - 07/07/1982AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR KENTNER
STREET, FROM PALMETTO STREET TO CLAREMORE STREET; FIXING
A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND
COLLECTION; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved on the 2d day of June, 1982, determined the
necessity for, and ordered the improvement of Kentner Street, from Palmetto
Street to Claremore Street, in the manner and according to the plans and
specifications heretofore approved and adopted by the City Council by
ordinance dated June 2, 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, the said City Council has caused the Director of
Engineering and Physical Development to prepare and file estimates of the
cost of such improvements and estimates of the amount per front foot proposed
to be assessed against the property abutting upon a portion of the aforesaid
streets within the limits herein defined, to be improved, and the real and
true owners thereof, and said Director of Engineering and 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 June 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 June 2, 1982, did order and
set a hearing to be held at 3 p.m. on the 30th day of June, at 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
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said abutting property by virtue of said improvements, if any, or concerning
any error, invalidity, irregularity or deficiency in any proceedings, or
contract, to appear and be heard in person or by counsel and offer evidence
in reference to said matters; and the City Council did by said ordinance
order and direct the City to give notice of said hearing to the owners
abutting upon said streets as shown by the current ad valorem tax roll by
mailing such notice to such owners and publishing said notice at least three
times in the Corpus Christi Times before the date of the hearing, such notice
of mail and by publication being in compliance with the provisions of Article
1105b of Vernon's Annotated Civil Statutes of Texas; and
WHEREAS, such notice was given said owners of property as shown on
the current ad valorem tax roll within the limits of the streets being
improved by mailing such notice at least 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 June 30, 1982, in the City
Council Chambers 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:
2
Minutes .
Regular Council Meeting
June 30, 1982
Page 10
Council Member Hawkins concurred, stating that he felt the Council Members
should not accept gifts as members of the Council, but on a different basis,
there should be no problem.
There were no comments from the audience on the second and third reading
ordinances.
A motion was made by Council Member Hawkins that the Regular Council
Meeting be recessed at 3:37 p.m. in order the convene the Special Council
Meeting; secdnded by Council Member Dumphy and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 4:15 p.m. and
announced the first public hearing on the following matter:
1. 3:00 p.m. - Hearing on the preliminary assessment roll for the
improvement of Kentner Street from Claremore to Palmetto Streets. The
preliminary roll consists of total assessments of $1,781.11 on three
items. The amount of the construction contract with King Construction
Company for the project is $34,192.36.
Assistant City Attorney Bob Coffin informed the Council that this hearing
is required by State law to present evidence and testimony to enable the City
Council to make a decision in regard to the adoption of the assessment roll.
Mr. Coffin called as his first witness Mr. Gerald Smith, P.E., City Engineer.
Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has
been in the Engineering Department of the City of Corpus Christi for approxi-
mately 221/2 years and verified that a copy of Mr. Smith's qualifications in
resume form is on file in the Office of the City Secretary.
Mr. Smith displayed a transparency and located Kentner Street which is to
be improved from Palmetto Street to Claremore Drive. He explained that this is
not a voluntary paving project but was included in the 1977 bond program. Mr.
Smith explained the project, stating the improvements would consist of a 4' wide
reinforced concrete sidewalk along the limits of the project on the north side
and the construction of 1/2 of a 28' wide street and renovation of the existing
street, noting that the new street shall be constructed with a compacted base,
8" thick flexible caliche base, 11/2" hot asphaltic service and a standard 6" curb
and gutter section on the north side between University Street and Claremore
Street. Mr. Smith also stated that reinforced 6" thick concrete driveways would
be constructed as shown on the plans.
Mr. Smith continued his presentation and stated that the plans and speci-
fications were prepared in the City's Engineering Department and they do not
Minutes
Regular Cpuncil, Meeting
June 30, 1982
Page 11
recommend the construction of a sidewalk on the final block of Kentner Street
because an elderly person resides there and it is a hardship case. He stated
that the contract has been awarded to King Construction Company in the amount of
$34,192.36; preliminary assessments total $1,462.88; and the City's portion is
$32,729.48. Mr. Smith stated that there are only three items on the assessment
roll.
Assistant City Attorney Coffin called as his next witness the City's
appraiser, Mr. George Paraskevas. Through questioning of this witness, Mr.
Coffin ascertained that Mr. Paraskevas, who resides at 5213 Moultrie, is a real
estate broker and he has served in that capacity for 11 years. Mr. Coffin
stated that Mr. Paraskevas' qualifications in resume form are on file in various
city offices.
Mr. Paraskevas testified that he is thoroughly familiar with the property
included in the project and that he has examined each and every piece of
property. He stated that, in his opinion, since there are no pie or odd shaped
lots, all of the property will be enhanced at least in the amount of the assess-
ment for each.
Mayor Jones ascertained that no one wished to speak during this assessment
hearing.
A motion was made by Council Member Dumphy that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously.
A motion was made by Council Member Hawkins that the preliminary assessment
roll be approved, seconded by Council member Dumphy and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones announced the reconvened hearing on the rate increase request
of Central Power and Light Company.
City Manager Martin reviewed the previous public hearing which was
conducted on May 19, 1982. He reminded the Council that there have been
hearings conducted before the Public Utility Commission in Austin. He
recommended that the hearing before the City Council be completed on the request
to increase the rates, following which the ordinance establishing the new rates
will be considered by the City Council.
Mr. Martin then announced that Mr. Richard Mertz, Administrative Assistant
in his office, who has worked so diligently for the City on the Central Power
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 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
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
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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 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
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
4
and true owner or owners thereof, whether named or correctly named herein or
not, have been in all things regularly had and performed in compliance with
the law, Charter provisions and proceedings of the said City Council.
SECTION 3. That in pursuance of said ordinance, duly enacted by
said City Council, authorizing and ordering the 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 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:
5
FINAL ASSESSMENT ROLL
KENTNER STREET IMPROVEMENTS
JULY 7, 1982
The Kentner Street Improvements shall include improvements to the following
street:
Kentner Street, from Palmetto Street to Claremore Street.
These improvements shall consist of a four foot wide reinforced concrete sidewalk
along the limits of the project on the north side and the construction of one-half
of a 28 foot wide street and renovation of the existing street. The new street
shall be constructed with a compacted base, 8" thick flexible caliche base, 11/2"
Hot Asphaltic surface and a standard 6" curb and gutter section on the north side
between University Street and Claremore Street. Some curb renovation will be
accomplished on the south side of the street. Reinforced 6" thick concrete drive-
ways will be constructed as shown on the plans.
The assessment rates have been calculated in accordance with the latest paving
policy and the low bid submitted by King Construction Company. Theassessmentrates
are:
28' Wide Street, BOC Bid Price Assessment Rate
6" Curb, Gutter and Pavement $17.64 L.F. $17.96 L.F.
Sidewalk $ 2.00 S.F. $ 1.00 S.F.
Driveways $ 4.50 S.F. $ 4.86 S.F.
Residential Property
Curb, Gutter and Pavement - $4.75 L.F.
Sidewalks $ .75 S.F.
Driveways $4.86 S.F.
Total Cost
Final Assessment
City Portion
$34,192.36
1,462.88
$32,729.48 ,
/////7 AP
Gerald Smith, P.E., Acting Director
Engineering & Physical Development
GS/dl
;O.
S-2.
S-3.
0
• . '
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
•
RATE
. -
AMOUNT
TOTAL
AMOUNT
ASSESSED
-
-
FINAL ASSESSMENT
ROLL
KENTNER
STREET
?ALMETTO ST. TC
CLAREMORE ST.
NORTH SIDE
ONLY
•
. .
_
Carl C. Chase, Jr. .
357 Palmetto
* -0- L.F.
C.G.& PVMT.
$ .00
$ -0-
.
.
Lot 12A, Block 3
488.00 S.F.
.
Sidewalk
.38
185.44
' .
Ocean Drive Addition
R -1B, 1 Hes D/W
* CR. EXST. IMPVTS.
$ 185.44
G. Dean Patten
358
* -0- L.F.
C.G.& PVMT.
$ .00.
$ -0-
University 78412
Lot
488.00 S.F.
Sidewalk
$ .38
-185.44
12B, Block 3
Ocean Drive Addition
**65.48 S.F.
Driveway
$ .00
R-18, 1 Res Unit
* CR. EXST. OMPVTS.
** To be constructed by owner
•
$ 185.44
. ...
UNIVERSITY
STREET
. .
.
Cto University Park Ventures
280.06 L.P.
C.G.& PVMT.
2.38
$ 668•.40
-Ward Thomas
1610 10th Street 78404
1120.00 S.F.
Sidewalk
' .38
42560
Lot 17, Block 3
Ocean Drive Addition
. .
'
R-18 VACANT
.
1,092.00
•
END NORTH
SIDE
•
TOTAL
$1,462.88
END PROJECT
•
. .
•
-
•
r
SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the completion
of said improvements to be greater or less than the number of feet
hereinabove stated, the assessments herein set against any such property and
against the real and true owner or owners thereof, shall be, and the same are
hereby declared to be increased or decreased as the case may be, in the
proportion which said excess or deficiency or frontage shall bear to the
whole number of front feet of property actually improved in accordance with
the front foot rule or rate of assessment 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
property abutting upon said street, and the real and true owner or owners
thereof shall be issued in accordance with, and shall evidence the actual
frontage of said property and the actual cost of said improvements, the
amount named in said certificate in no case to exceed the amount herein
assessed against such property unless such increase be caused by an excess of
front footage over the amount hereinabove stated, such actual cost and such
actual number of front feet, if different from the hereinabove shown in
Section 3 hereof, to be determined by the Director of Engineering and
Physical Development upon completion of said work on said street, and the
findings of the Director of Engineering and 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 abutting 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 six and
one-half percent (6 1/2%) per annum with reasonable attorney's fee and all
6
costs and expenses of collection, if incurred, are hereby declared to be made
a first and prior lien upon the respective parcels of property, against which
same are assessed from and after the date said improvements were ordered by
said City Council, to -wit: June 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 120 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 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, 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 120 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 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
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 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
7
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 assessment 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: June 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 collection of ad valorem taxes as above recited, or by suit in any
court having jurisdiction.
That said certificates shall further recite in effect that all the
proceedings with reference to making said improvements have been regularly
had in compliance with the law and Charter in force in said City and the
proceedings of said City Council of said City, and that all prerequisites to
the fixing of the assessment lien against the property therein described, or
attempted to be described, and the personal liability of the real and true
owner or owners thereof, evidence by such certificates, have been 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
8
other and further recitals, pertinent and appropriate thereto. It shall not
be necessary that said certificates shall be in the exact form as above set
forth, but the substance and effect thereof shall suffice.
SECTION 7. That all such assessments levied are a personal
liability and charge against the real and true owner or owners of the
property described, or attempted to be described, notwithstanding such owner
or owners may not be named or correctly named, and any irregularity in the
name of the property owner, or the description of any property or the amount
of any assessment, or in any other matter or thing shall not in anywise
invalidate or impair any assessment levied hereby or any certificate issued,
and such mistake, or error, invalidity or irregularity whether in such
assessment or in the certificate issued in evidence 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 by the City Council and are in accordance with the
procedures 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, power
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 the closing of such hearing on
public street improvements, such finding of an emergency is made and declared
requiring suspension of the Charter rule as to consideration and voting upon
9
ordinances or resolutions at three regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency measure this
the f) day of , 1982.
ATTEST:
<ecre ar
MAYOR
A PR VED:
DAY OF , 193/Y :
UCE AYC ATTORNEY
10
THE ITY OF CORPUS CHRISTI, TEXAS
F.
Corpus Christi, Texas
f) 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
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
17107