HomeMy WebLinkAbout17297 ORD - 10/13/1982AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
Spohn Hospital Area
1. Furman Street, from South Staples Street to South
Caranchua Street,
2. Hancock and Buford Streets, from South Staples
Street to Santa Fe Street,
3. Booty Street, from South Staples Street to Ayers
Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to
Hancock 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 18th day of August, 1982, determined the
necessity for, and ordered the improvement of the following streets:
Spohn Hospital Area
1. Furman Street, from South Staples Street to South
Caranchua Street,
2. Hancock and Buford Streets, from South Staples
Street to Santa Fe Street,
3. Booty Street, from South Staples Street to Ayers
Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to
Hancock Street;
in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated August 18, 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 MICROFILM ED
17297
.SEP u i984
SEP 2 8 1984
i
WHEREAS, said City Council, by duly enacted ordinance dated August 18,
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 August 18, 1982, did
order and set a hearing to be held at 7:00 p.m. on the 22nd day of September;
1982, at Council Chambers at City Hall 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 sid 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 September 22, 1982, in the
Council Chambers at City Hallin the City of Corpus Christi, Texas, in
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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:
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
September 22, 1982
7:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Herbert Hawkins
Dr. Charles W. Kennedy
ABSENT:
Council Members:
Jack K. Dumphy
Bob Gulley
Cliff Zarsky
City Manager Edward Martin
Ass't. City Attorney Bob Coffin
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall and stated that the purpose of the special meeting was to conduct
public hearings on assessments associated with the Spohn Hospital Area Street
Improvement Project and the closing of Lawnview Street from Booty Street to
Ayers Street.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Assistant City Manager James K. Lontos stated 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.
Mayor Jones explained the source of the funds for this project, noting that
it will be financed through bonds, property owners' assessments, and
Community Development Block Grant funds.
Assistant City Attorney Bob Coffin conducted the formal portion of the
hearing and 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
Minutes
Special Council Meeting
September 22, 1982
Page 2
approximately 221 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 then explained the scope of the project and stated that the
following streets are included in the project:
1. Furman Street, from South Staples Street to South Carancahua Street,
2. Hancock and Buford Streets, from South Staples Street to Santa Fe
Street,
3. Booty Street, from South Staples Street to Ayers Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to Hancock Street;
Mr. Smith informed the Council that the streets will be constructed 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 11" or
2" type "D" Hot Asphaltic pavement. He explained that the streets will be 28',
31.5', 35', 36', 38' or 40' wide within the existing right-of-way; there will be 4,
or 5' wide reinforced concrete sidewalks 4" thick and 6" thick reinforced
concrete driveways. He located these streets on a transparency.
Mr. Smith then explained the proposed closing of one block of Lawnview
Street from Booty to Ayers Streets, stating that the reason for this proposed
street closing was to eliminate this extension of Lawnview Street into the
intersection of Booty and 6th Street.
Mr. Smith also informed the Council that old streets will be removed and
replaced; some of the streets will have utilities removed and replaced; but some
of the concrete streets will be improved rather than completely replaced.
Mr. Smith stated bids were received on this project on August 4, 1982 and
APCCO was the low bidder on the project with their total bid being
$1,400,087.10. He explained that the contract calls for 180 .working days and
should be completed in approximately nine months after contract award. He
stated that the total of the preliminary assessments is $441,005.45 and the
City's portion of the project is $959,081.65.
Mr. Smith explained the assessment rates and stated that most of the
property will be fully assessed at the commercial rate since nearly all of the
property is zoned for "AB" or business zoning. He stated that there are no
residential assessments except for a few churches. He explained that the
assessment rate for curb, gutter and pavement will vary from $12.49 per linear
foot to $19.50 per linear foot, depending upon the width of the street;
Ites
_._:.cial Coundil Meeting
September 22, 1982
Page 3
sidewalks will be assessed at $1 per square foot and driveways will be assessed
at $3.29 per square foot.
Mr. Smith stated that the payment of the assessments will not be due until
after completion of the project and that payments may be made over a five year
period at an interest rate of 6*$ or in cases of extreme hardship, the period of
the time may be extended to ten years. Mr. Smith referred to existing
pavement and stated that credits would not be given in most cases since most of
the existing improvements are over thirty years old. He stated, however, that
those that are constructed with concrete will receive credit..
Mayor Pro Tem Turner inquired about head -in parking.
Mr. Smith pointed out the areas affected and explained that head -in
parking will not be included on the street improvements.
.Mr. Lontos explained to the members of the audience whose property
contained single-family dwellings that it would be possible to request change of
zoning to "R -1B" on their property in order to reduce the amount of the
assessments. He stated that the Staff will assist those who wish to do this.
Assistant City Attorney Coffin called as his next witness Mr. William J.
Holly, Real Estate Broke F and Appraiser. Through questioning of the witness,
Mr. Coffin determined that Mr. Holly is a real estate appraiser and broker, that
he has been in that business for approximately 27 years, and that he has
served as appraiser on a number of municipal jobs. Mr. Coffin 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 Spohn Hospital Area Street Improvement projects and that he
has examined each and every parcel of land. He explained that he had found
four pieces of property that might be considered odd -shaped, and mostly
triangular properties on which he recommended the following reductions: Item
No. 99, J. D. Doyle, suggested reduction, $852.15; Item No. 255, Chapel of
Spiritual Light, suggested reduction, $218.53; Item No. 256, James I. Tyree,
M.D., suggested reduction, $303.33; and Item No. 257, William and Tony
Bonilla, suggested reduction, $339.35.
Mr. Holly testified that, with the exception of those four pieces of
property, all of the other property, in his opinion, will be enhanced at least in
Special Council Meeting
September 22, 1982
Page 4
the amount of the assessment, including the areas that now have head -in
parking.
Mayor Jones, noting the large number of people in the audience, called for
a show of hands of those who are opposed to the project and a large majority
indicated their opposition.
Mayor Jones then called for comments from the audience on these
preliminary assessments.
/
Mrs. Jan Jack, representing South Texas Planned Parenth000d, stated that
they had purchased their facility in 1976 and have since spent over $30,000
improving the property. She stated that they now have asphalt driveways,
curbs and gutters but the City plans to move the curb but declined to give
credit for their curb. She also stated that the plans call for the elimination of
some of their driveways which would cut off their ingress and egress. She
stated that the reason for this was that the Staff felt that the driveways were
too close to the intersection. Mrs. Jack summarized by stating that they
wanted credit for their existing curbs and that their driveways not be
el imlnated .
Mayor Pro Tem Turner suggested that the Staff meet with representatives
of this organization to work out these problems.
Speaking in opposition to the project because the planned sidewalks will be
too close to their houses were Mrs. Betty Stinson, 910 Booty Street, Mrs.
Argentina Hernandez, 923 Booty, and Mrs. Carmen Cortez, 922 Booty. They
also stated that they could not afford to pay the assessments.
Mrs. Alvin A. Machalac, 1609 Sixth Street, expressed opposition to the
installation of the sidewalk which will be too close to her house and also stated
that she opposed the closing of Lawnview Street. She stated that she would
not object too much to a curb/sidewalk combination.
Council Member Kennedy inquired about the effect that exluding the
sidwalks on Booty Street would have on the project. The Staff indicated they
would study this suggestion.
Mr. George Aboud, who owns property on Sixth Street, expressed
opposition to the closing of Lawnview Street because he was of the opinion it
would increase traffic on Sixth Street. He stated that his house is the only
one on this portion of the street and the remainder is a parking lot. Mr.
Aboud also stated that he was opposed to the sidewalk installation because there
•
'lutes
cial Council Meeting
,itember 22., 1982.
Page 5
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is at this time existing curb, gutter and sidewalks on this street.
Mrs. George W. Jordan, Jr*., who owns property on Buford Street, stated
that there is an existing sidewalk for which no credit will be given and her
place of business which is the CompuCenter will lose head -in parking after the
streets are improved.
Mrs. Sam Hornish, 915 Furman Street, stated that she is in favor of the
proposed improvements but inquired as to why no new water lines are being
installed as a part of the project.
Mr. Smith indicated that he would investigate that aspect of the project.
Mrs. Catalina Martinez, 1309 Sixth Street, expressed opposition to the
percentage of the assessments, indicating that she felt that the property owners
were paying too large a portion of the total project.
Mr. Jose L. Guerra, 1223 Sixth Street, stated that he already has curbs,
gutters and sidewalk and he objected to installation. Mr. Smith pointed out to
Mr. Guerra that he was not being charged for the curb, gutter and pavement.
Mr. Walter Wenger stated that he was in favor of the street improvement
project. •-- —
Also speaking in favor of the improvements was Mr. Bruce Garvin
Whitman, who owns property on Sixth Street.
Mrs. Belia M. Esquivel, 1330 Seventh Street, stated that she is opposed to
paying the assessment rate for commercial property since her property now has
a single-family dwelling on it. She informed the Staff that she would like to
reduce the zoning on her property to "R -1B". Mrs. Esquivel was told to
discuss this with the Staff in regard to the procedure for downzoning property
in this area.
Mr. Carlos Guerguin, who owns property on Third Street, objected to the
plan to eliminate head -in parking. He expresssed the opinion that this would
decrease the value of his property rather than increase it.
Mr. Bill Demestihas, who owns property at 823 Furman Street, informed
the Council that this is the old Singer Home, and according to the contract with
the City, it is restricted to single-family dwelling. He questioned the zoning
that exists on the property.
Mr. Smith informed Mr. Demestihas that he would investigate this.
Mr. Clifford Lee, who owns a floral shop in the area, objected to the
elimination of head -in parking in front of his place of business. He stated
. .
Minutes
Special Council Meeting
September 22, 1982
Page 6
that he will lose five parking spaces, and even though he will have parallel
parking in front of his shop, he was apprehensive that someone could park
there all day and his customers would have no place to park.
Mr. Tom Stewart, Director of Traffic Division, stated that the parking
spaces in front of Mr. Lee's business could be marked for one hour or 30
minute parking zones and there is a police patrol in ,the area to. enforce such
-limitations.
Mrs. Mary McCorkle, representing the owners of several pieces of property
in the area, expressed opposition to the plan to. construct 6" thick driveways,
which is required in commercial property. She stated that they would prefer to
have residential type driveways.
Mr. Smith explained to Mrs. McCorkle that the difference in cost would
only be about $40 and that he would meet with the owners to resolve this
problem.
Mr. James H. Throop, who owns property on Seventh Street, objected to
the planned width of that street which will be 38'. He expressed the opinion
that this is too wide for this area and will generate a great deal of traffic.
Mr. S. J. Becker, 1201 Seventh Street, objected tearing out the existing
sidewalks and driveways unless credit is given for them.
Dr. T. M. Bailey, 1001 Santa Fe, objected to the elimination of head -in
parking in front of his office building but indicated that he will talk to the City
Staff about this problem.
Also objecting to the percentage of the assessments was Mr. Arturo P.
Martinez, 1309 Sixth Street.
Speaking in favor of the project was Mrs. Jane H. Mays, who owns
property on Fifth and Seventh Streets and who indicated that she was satisfied
with her assessments.
Speaking in opposition to the entire project was Mr. Cecil C. Jenkins, 1119
Sixth Street. He specifically objected to the fact that no credit will be given
for existing curbs and also objected to his assessment as commercial zoning
since he has 'a residence located there. Mr. Jenkins was referred to the City
Staff to consider the possibility of requesting a lower zoning for his property.
Mr. Paul N. Jordan, who owns two pieces of property on Sixth Street,
stated that he had already paid for curbing for these pieces of property. He
requested that credit be given for the curbs that exist in front of his property
MInules
Council, Meeting
,piber 22, 1982
Fr.ye /
and ife was informed that the Staff will work with him to determine if it has
been I 'did for•
f,lso speaking in opposition to the entire project was Mr. Bob Keeling, who
expreosed the opinion that there is no need for these street improvements in
this rea and suggested that the money be spent in some other area. He
exprehsed the opinion that the value of the property will not be enhanced by
improvements; taxes are already too high; and their property should not
these
be 0iled commercial.
Mrs• Dorthalee Rittgers, 1517 Sixth Street, expressed approval of the
but stated that she is opposed to the closing of Lawnview. She alleged
projeL
that our sidewalk is good arid that she should be given credit for it.
pr. James I. Tyree, 1209 Santa Fe, informed the Staff that he would like
to rehiin his head -in parking. It was pointed out to Dr. Tyree that 60%, of this
head -10 parking exists in the right-of-way and only 40% is actually on his
propel IY•
lo one else spoke in regard to the preliminary assessments.
motion was made by Council Member Kennedy that the hearing be closed,
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seconlied by Council Member Hawkins, and passed unanimously.
f:ity SecretarY Read pointed out to the Council that the closing of
Lawnliew Street was a separate public hearing, and Mayor Jones inquired if
ode wanted to speak in regard to the street closing who had not already
any
done bo•
Mrs. George Aboud expressed' opposition to the closing because she was of
the cii1ini00 that the street is needed.
Mr. Smith explained that the Staff has requested this street closing
becailbe they are of the opinion that it is in the public interest to close it so
the roblic will not have to maintain it and because of the odd -angle that it
intercLcts with Sixth Street and Booty Street, pointing out that because the -
is open, a five -point intersection is in existence.
street
one else spoke in regard to the street closing.
/1 motion was made by Council Member Kennedy that the hearing be closed,
seconfled by Council Member Hawkins and passed unanimously.
.ssistant City Manager Lontos informed the Council that he and his Staff
mend,,•rs will discuss all of the objections presented during the public hearing
and Ive a recommendation on the agenda within two weeks.
,ites
:ial Council Meeting
_ .dtember 22', 1982.
Page 8
There being no further business to come before the Council, on motion by
Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed
unanimously, the Special Council Meeting was adjourned at 9:54 p.m.,
September 22, 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 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
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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:
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SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the completion
of said improvements to be greater or less than the number of feet
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
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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: August 18, 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
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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 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: August 18, 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
9
the enforcement and collection thereof, and said certificates may contain
other and further recitals, pertinent and appropriate thereto. It shall not
be necessary that said certificates shall be in the exact form as above set
forth, but the substance and effect thereof shall suffice.
SECTION 7. That all such assessments levied are a personal
liability and charge against the real and true owner or owners of the
property described, or attempted to be described, notwithstanding such owner
or owners may not be named or correctly named, and any irregularity in the
name of the property owner, or the description of any property or the amount
of any assessment, or in any other matter or thing shall not in anywise
invalidate or impair any assessment levied hereby or any certificate issued,
and such mistake, ,or error, invalidity or irregularity whether in such
assessment or in the certificate issued in evidence 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
10
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 measure this
the day of October, 1982.
ATTEST:
/
All' LA
Secre ry
AP ED:
AY OF
1;1115, , 19gY :
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
11
t
Corpus Christi, xas
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
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
vote:
17297
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
Spohn Hospital Area
1. Furman Street, from South Staples Street to South
Caranchua Street,
2. Hancock and Buford Streets, from South Staples
Street to Santa Fe Street,
3. Booty Street, from South Staples
Street,
4. Third Street, from Ayers Street to
5. Fifth Street, from Booty Street to
6. Sixth and Seventh Streets, from
Hancock Street;
Street to Ayers
Morgan Avenue,
Craig Street, and
Ayers Street to
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 18th day of August, 1982, determined the
necessity for, and ordered the improvement of the following streets:
Spohn Hospital Area
2.
Street to Santa Fe Street,
3. Booty Street, from South Staples
Street,
4. Third Street, from Ayers Street to
5. Fifth Street, from Booty Street to
6. Sixth and Seventh Streets, from
Hancock Street;
Furman Street, from South Staples Street to South
Caranchua Street,
Hancock and Buford Streets, from South Staples
Street to Ayers
Morgan Avenue,
Craig Street, and
Ayers Street to
in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated August 18, 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
:17297
MICROFILMED
•SEP .4, W84
.SEP 28 1984
*J.
WHEREAS, said City Council, by duly enacted ordinance dated August 18,
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 August 18, 1982, did
order and set a hearing to be held at 7:00 p.m. on the 22nd day of September;
1982, at Council Chambers at City Hall 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 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 September 22, 1982, in the
Council Chambers at City Hallin the City of Corpus Christi, Texas, in
2
4
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
September 22, 1982
7:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Herbert Hawkins
Dr. Charles W. Kennedy
ABSENT:
Council Members:
Jack K. Dumphy
Bob Gulley
Cliff Zarsky
01..;
City Manager Edward Martin
Ass't. City Attorney Bob Coffin
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall and stated that the purpose of the special meeting was to conduct
public hearings on assessments associated with the Spohn Hospital Area Street
Improvement Project and the closing of Lawnview Street from Booty Street to
Ayers Street.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Assistant City Manager James K. Lontos stated 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.
Mayor Jones explained the source of the funds for this project, noting that
it will be financed through bonds, property ownersassessments, and
Community Development Block Grant funds.
Assistant City Attorney Bob Coffin conducted the formal portion of the
hearing and 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
Minutes
Special Council Meeting
September 22, 1982
Page 2
approximately 221 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 then explained the scope of the project and stated that the
following streets are included in the project:
1. Furman Street, from South Staples Street to South Carancahua Street,
2. Hancock and Buford Streets, from South Staples Street to Santa Fe
Street,
3. Booty Street, from South Staples Street to Ayers Street,
4. Third Street, from Ayers Street to Morgan Avenue,
5. Fifth Street, from Booty Street to Craig Street, and
6. Sixth and Seventh Streets, from Ayers Street to Hancock Street;
Mr. Smith informed the Council that the streets will be constructed 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 11" or
2" type "D" Hot Asphaltic pavement. I -le explained that the streets will be 28',
31.5', 35', 36', 38' or 40' wide within the existing right-of-way; there will be 4'
or 5' wide reinforced concrete sidewalks 4" thick and 6" thick reinforced
concrete driveways. He located these streets on a transparency.
Mr. Smith then explained the proposed closing of one block of Lawnview
Street from Booty to Ayers Streets, stating that the reason for this proposed
street closing was to eliminate this extension of Lawnview Street into the
intersection of Booty and 6th Street.
Mr. Smith also informed the Council that old streets will be removed and
replaced; some of the streets will have utilities removed and replaced; but some
of the concrete streets will be improved rather than completely replaced.
Mr. Smith stated bids were received on this project on August 4, 1982 and
APCCO was the low bidder on the project with their total bid being
$1,400,087.10. He explained that the contract calls for 180 working days and
should be completed in approximately nine months after contract award. He
stated that the total of the preliminary assessments is $441,005.45 and the
City's portion of the project is $959,081.65.
Mr. Smith explained the assessment rates and stated that most of the
property will be fully assessed at the commercial rate since nearly all of the
property is zoned for "AB" or business zoning. He stated that there are no
residential assessments except for a few churches. He explained that the
assessment rate for curb, gutter and pavement will vary from $12.49 per linear
foot to $19.50 per linear foot, depending upon the width of the street;
ltes
_Ida! Coundil Meeting
September 22, 1982
Page 3
sidewalks will be assessed at $1 per square foot and driveways will be assessed
at $3.29 per square foot.
Mr. Smith stated that the payment of the assessments will not be due until
after completion of the project and that payments may be made over a five year
period at an interest rate of 6i$ or in cases of extreme hardship, the period of
the time may be extended to ten years. Mr. Smith referred to existing
pavement and stated that credits would not be given in most cases since most of
the existing improvements are over thirty years old. He stated, however, that
those that are constructed with concrete will receive credit.
Mayor Pro Tem Turner inquired about head -in parking.
Mr. Smith pointed out the areas affected and explained that head -in
parking will not be included on the street improvements.
Mr. Lontos explained to the members of the audience whose property
contained single-family dwellings that it would be possible to request change of
zoning to "R-18" on their property in order to reduce the amount of the
assessments. He stated that the Staff will assist those who wish to do this.
Assistant City Attorney Coffin called as his next witness Mr. William J.
Holly, Real Estate Broker; and Appraiser. Through questioning of the witness,
Mr. Coffin determined that Mr. Holly is a real estate appraiser and broker, that
he has been in that business for approximately 27 years, and that he has
served as appraiser on a number of municipal jobs. Mr. Coffin 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 Spohn Hospital Area Street Improvement projects and that he
has examined each and every parcel of land. He explained that he had found
four pieces of property that might be considered odd -shaped, and mostly
triangular properties on which he recommended the following reductions: Item
No. 99, J. D. Doyle, suggested reduction, $852.15; Item No. 255, Chapel of
Spiritual Light, suggested reduction, $218.53; Item No. 256, James I. Tyree,
M.D., suggested reduction, $303.38; and Item No. 257, William and Tony
Bonilla, suggested reduction, $339.35.
Mr. Holly testified that, with the exception of those four pieces of
property, all of the other property, in his opinion, will be enhanced at least in
Special Council Meeting
September 22, 1982
Page 4
the amount of the assessment, including the areas that now have head -in
parking.
Mayor Jones, noting the large number of people in the audience, called for
a show of hands of those who are opposed to the project and a large majority
indicated their opposition.
Mayor Jones then called for comments from the audience on these
preliminary assessments.
Mrs. Jan Jack, representing South Texas Planned Parenth000d, stated that
they had purchased their facility in 1976 and have since spent over $30,000
improving the property. She stated that they now have asphalt driveways,
curbs and gutters but the City plans to move the curb but declined to give
credit for their curb. She also stated that the plans call for the elimination of
some of their driveways which would cut off their ingress and egress. She
stated that the reason for this was that the Staff felt that the driveways were
too close to the intersection. Mrs. Jack summarized by stating that they
wanted credit for their existing curbs and that their driveways not be
eliMinated.
Mayor Pro Tem Turner suggested that the Staff meet with representatives
of this organization to work out these problems.
Speaking in opposition to the project because the planned sidewalks will be
too close to their houses were Mrs. Betty Stinson, 910 Booty Street, Mrs.
Argentina Hernandez, 923 Booty, and Mrs. Carmen Cortez, 922 Booty. They
also stated that they could not afford to pay the assessments.
Mrs. Alvin A. Machalac, 1609 Sixth Street, expressed opposition to the
installation of the sidewalk which will be too close to her house and also stated
that she opposed the closing of Lawnview Street. She stated that she would
not object too much to a curb/sidewalk combination.
Council Member Kennedy inquired about the effect that exluding the
sidwalks on Booty Street would have on the project. The Staff indicated they
would study this suggestion.
Mr. George Aboud, who owns property on Sixth Street, expressed
opposition to the closing of Lawnview Street because he was of. the opinion it
would increase traffic on Sixth Street. He stated that his house is the only
one on this portion of the street and the remainder is a parking lot. Mr.
Aboud also stated that he was opposed to the sidewalk installation because there
utes
cial Council Meeting
,itember 22,, 1982.
Page 5
is at this time existing curb, gutter and sidewalks on this street.
Mrs. George W. Jordan, Jr., who owns property on Buford Street, stated
that there is an existing sidewalk for which no credit will be given and her
place of business which is the CompuCenter will lose head -in parking after the
streets are improved.
Mrs. Sam Hornish, 915 Furman Street, stated that she is in favor of the
proposed improvements but inquired as to why no new water lines are being
installed as a part of the project.
Mr. Smith indicated that he would investigate that aspect of the project.
Mrs. Catalina Martinez, 1309 Sixth Street, expressed opposition to the
percentage of the assessments, indicating that she felt that the property owners
were paying too large a portion of the total project.
Mr. Jose L. Guerra, 1223 Sixth Street, stated that he already has curbs,
gutters and sidewalk and he objected to installation. Mr. Smith pointed out to
Mr. Guerra that he was not being charged for the curb, gutter and pavement.
Mr. Walter Wenger stated that he was in favor of the street improvement
project.
Also speaking in favor of the improvements was Mr. Bruce Garvin
Whitman, who owns property on Sixth Street.
Mrs. Bella M. Esquivel, 1330 Seventh Street, stated that she is opposed to
paying the assessment rate for commercial property since her property now has
a single-family dwelling on it. She informed the Staff that she would like to
reduce the zoning on her property to "R -1B11. Mrs. Esquivel was told to
discuss this with the Staff in regard to the procedure for downzoning property
in this area.
Mr. Carlos Guerguin, who owns property on Third Street, objected to the
plan to eliminate head -in parking. He expresssed the opinion that this would
decrease the value of his property rather than increase it.
Mr. Bill Demestihas, who owns property at 823 Furman Street, informed
the Council that this is the old Singer Home, and according to the contract with
the City, it is restricted to single-family dwelling. He questioned the zoning
that exists on the property.
Mr. Smith informed Mr. Demestihas that he would investigate this.
Mr. Clifford Lee, who owns a floral shop in the area, objected to the
elimination of head -in parking in front of his place of business. He stated
• •
Minutes
Special Council Meeting
September 22, 1982
Page 6
that he will lose five parking spaces, and even though he will have parallel
parking in front of his shop, he was apprehensive that someone could park
there all day and his customers would have no place to park.
Mr. Tom Stewart, Director of Traffic Division, stated that the parking
spaces in front of Mr. Lee's business could be marked for one hour or 30
minute parking zones and there is a police patrol in ,the area to enforce such
-limitations.
Mrs. Mary McCorkle, representing the owners of several pieces of property
in the area, expressed opposition to the plan to. construct 6" thick driveways,
which is required in commercial property. She stated that they would prefer to
have residential type driveways.
Mr. Smith explained to Mrs. McCorkle that the difference in cost would
only be about $40 and that he would meet with the owners to resolve this
problem.
Mr. James H. Throop, who owns property on Seventh Street, objected to
the planned width of that street which will be 38'. He expressed the opinion
that this is too wide for this area and will generate a great deal of traffic.
Mr. S. J. Becker, 1201 Seventh Street, objected tearing out the existing
sidewalks and driveways unless credit is given for them.
Dr. T. M. Bailey, 1001 Santa Fe, objected to the elimination of head -in
parking in front of his office building but indicated that he will talk to the City
Staff about this problem.
Also objecting to the percentage of the assessments was Mr. Arturo P.
Martinez, 1309 Sixth Street.
Speaking in favor of the project was Mrs. Jane H. Mays, who owns
property on Fifth and Seventh Streets and who indicated that she was satisfied
with her assessments.
Speaking in opposition to the entire project was Mr. Cecil C. Jenkins, 1119
Sixth Street. He specifically objected to the fact that no credit will be given
for existing curbs and also objected to his assessment as commercial zoning
since he has a residence located there. Mr. Jenkins was referred to the City
Staff to consider the possibility of requesting a lower zoning for his property.
Mr. Paul N. Jordan, who owns two pieces of property on Sixth Street,
stated that he had already paid for curbing for these pieces of property. He
requested that credit be given for the curbs that exist in front of his property
M"-tulas
101 Council. Meeting
,mber 22, 1982
V- .ye
and ),a was informed that the Staff will work with him to determine if it has
been loid for•
pdso speaking in opposition to the entire project was Mr. Bob Keeling, who
exprpbsed the opinion that there is no need for these street improvements in
this erea and suggested that the money be spent in some other area. He
exprpssed the opinion that the value of the propertY will not be enhanced by
these improvements; taxes are already too high; and their property should not
be zoned commercial.
Ors. Dorthalee Rittgers, 1517 Sixth Street, expressed approval of the
project but stated that she is opposed to the closing of Lawnview. She alleged
that ner sidewalk is good and that she should be given credit for it.
sr. James I. Tyree, 1209 Santa Fe, informed the Staff that he would like
to rei,iin his head -in parking. It was pointed out to Dr. Tyree that 60% of this
parking exists in the right-of-way and only 40% is actually on his
propellY•
ilo one else spoke in regard to the preliminary assessments.
motion was made by Council Member Kennedy that the hearing be closed,
--
seconded by Council Member Hawkins, and passed unanimously.
i:ity Secretary Read pointed out to the Council that the closing of
Lawnliew Street was a separate public hearing, and Mayor Jones inquired if
anynoe. wanted to speak in regard to the street closing who had not already
done bo•
Mrs. George Aboud expressed. opposition to the closing because she was of
the Oinion that the street is needed.
Mr. Smith explained that the Staff has requested this street closing
becaili:;e they are of the opinion that it is in the public interest to close it so
the 1sbliCwill not have to maintain it and because of the odd -angle that it
inter:.-i.f.ts with Sixth Street and Booty Street, pointing out that because the
is open, a five -point intersection is in existence.
streel
114, one else spoke in regard to the street closing.
/1. motion was made by Council Member Kennedy that the hearing be closed,
seconiled by Council Member Hawkins and passed unanimously.
/-ssistant City Manager Lontos informed the Council that he and his Staff
memb.a s will discuss all of the objections presented during the public hearing
love a recommendation on the agenda within two weeks.
and I
,ites
.:ial Council Meting
.ptember 22', 1982.
Page 8
There being no further business to come before the Council, on motion by
Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed
unanimously, the Special Council Meeting was adjourned at 954 p.m.,
September 22, 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 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
4
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
5
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:
6
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
7
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: August 18, 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
8
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 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: August 18, 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
9
the enforcement and collection thereof, and said certificates may contain
other and further recitals, pertinent and appropriate thereto. It shall not
be necessary that said certificates shall be in the exact form as above set
forth, but the substance and effect thereof shall suffice.
SECTION 7. That all such assessments levied are a personal
liability and charge against the real and true owner or owners of the
property described, or attempted to be described, notwithstanding such owner
or owners may not be named or correctly named, and any irregularity in the
name of the property owner, or the description of any property or the amount
of any assessment, or in any other matter or thing shall not in anywise
invalidate or impair any assessment levied hereby or any certificate issued,
and such mistake, .or error, invalidity or irregularity whether in such
assessment or in the certificate issued in evidence 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
10
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 measure this
the
ATTEST:
day of October, 1982.
/
IV
ary
APRQ.LED:
AY OF , 19gY :
J. BRUCE AYCOCK, CITY ATTORNEY
By..Aiillaaltrn1(tdsy^,
MAYOR
11
THE CI OF CORPUS CHRISTI, TEXAS
Corpus Christi, xas
)...n. day of dold-i. , 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,
Council Members
The above ordinance
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
1729'7