HomeMy WebLinkAbout17888 ORD - 10/19/1983AN ORDINANCE
CLOSING THE HEARING ON SIDEWALK IMPROVEMENTS FOR THE
FOLLOWING STREETS:
School Sidewalk Program, Phase I
Project Site I
Alexander Street, on the south side, from the northwest
boundary of Edgewood Park to Fannin Elementary School
near Devon Drive.
Project Site II
Through the Crockett Heights Subdivision along the
north side of the City drainage and utility easement,
from near Greenwood Drive to Burnet Street.
Project Site III
Rose and Pierpont Streets, along the west side, from
Leopard Street to Roy Miller High School.
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING THE
SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND
LEVYING AN ASSESSMENT; 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 7th day of,September, 1983, determined the
necessity for, and ordered the improvement of the following streets by the
construction, reconstruction, repairing or realigning of concrete sidewalks:
School Sidewalk Program, Phase I
Project Site I
Alexander Street, on the south side, from the northwest
boundary of Edgewood Park to Fannin Elementary School
near Devon Drive.
Project Site II
Through the Crockett Heights Subdivision along the
north side of the City drainage and utility easement,
from near Greenwood Drive to Burnet Street.
Project Site III
Rose and Pierpont Streets, along the west side, from
Leopard Street to Roy Miller High School. SEP 2 8 1984
1.1888 MICROFILMED
in the manner and according to the plans and specifications heretofore approved
and adopted by the City Council by ordinance dated September 7, 1983, a duly
executed notice of said ordinance having been filed in the name of the said City
with the County Clerk of Nueces County, Texas; and
WHEREAS, said City Council of the City of Corpus Christi, Texas, after
having advertised for and received bids on the construction of said improvements
for the length of time and in the manner and form as required by the Charter of
said City and the laws of the State of Texas, and after having duly and
regularly made appropriation of funds available for such purpose to cover the
estimated cost of said improvements to said City, all as provided by the Corpus
Christi City Charter and by law, did award a contract for the construction of
said improvements to their lowest and most advantageous bid and said contract
has been awarded to Garcia Construction Co., Inc. as authorized by Ordinance
dated October 19, 1983, and the performance bond required by said contract has
been properly furnished by said contractor and accepted by the said City Council
of said City as to form and amount as required by the Charter of said City and
the laws of the State of Texas; and
WHEREAS, the said City Council has caused the City Engineer 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 City Engineer has
heretofore filed said estimates and a statement of other matters relating
thereto with said City Council, and same has been received, examined and
approved by said City Council; and
WHEREAS, said City Council, by duly enacted ordinance dated
September 7, 1983, 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 September 7, 1983,
did order and set a hearing to be held at 3:00 p.m., on the 12th day of October,
1983, in the City Council Chambers at City Hall, 302 S. Shoreline, 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
1.1
Minutes
Regular Council Meeting
October• 12, 19$3 ,
Page 17
by stating that it will take the traffic from the ramp off the Harbor Bridge and
move it to the north to prevent stacking of traffic which is occurring at this
time.
Mr. Smith referred to the assessment roll and stated that it was prepared
in accordance with the current assessment policy and that the total value of the
roll is $37,882.12 with the City's portion to be $196,651.71. He stated that the
contractor will have 60 working days to complete the project.
Mr. Mendez referred to the map and stated that the matter that Council
Member Berlanga referred to concerns the portion planned for the future which
involves the present off -ramp. He stated that there has been an objection
registered to the plan to move the off -ramp.
Mr. Smith referred to the future plans and informed the Council that
funds are available from the 8th and 9th Year Community Development Program
as well as the bond program for the portion planned for later.
Mayor Pro Tem Turner pointed out that the property owner mentioned by
Council Member Berlanga has nothing to do with this portion being considered
today.
City Attorney Aycock called as his next witness Mr. George N.
Paraskevas, Realtor. Mr. Aycock questioned him and determined that he is
qualified to testify as a real estate appraiser and that a copy of his
qualifications is on file with the City.
Mr. Paraskevas stated that he has appraised property for many years and
that he has examined each and every parcel of land connected with this project.
He testified that in his opinion, each and every piece of property will be
enhanced at least in the amount of the assessment.
There were no comments from the audience.
A motion was made by Council Member Hawkins that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
*-*-*-********-- -
1
29. 3:00 p.m. - Assessment hearing for the construction of concrete sidewalks
to serve Fannin Elementary School, Martin Junior High School, and Miller
High School in accordance with the School Sidewalk Program, Phase I
project. The roll provides for assessments of $3,280.95 on 4 items.
Mr. Gerald Smith, P.E., City Engineer, whose qualifications had
previously been established in the assessment hearing on improvements to the
Surfside to Timon Boulevard connection project, explained the project and its
scope. He explained that this is to serve schools in the City and that the City
proposes to construct sidewalks to serve Fannin Elementary School, Martin Jr.
Minutes
Regular Council Meeting
October 12, 1983
Page 18
Fligh School and Miller High School. He informed the Council that the
assessments do not apply to any property abutting the street in front of Fannin
School or Martin Jr. High School but they do concern the property near Miller
High School on Rose and Pierpont Streets.
Mr. Smith explained that the plans were prepared by the City's
Engineering Department and the low bidder was Garcia Construction Company at
a price of $15,700. He stated that there are only two property owners on the
roll for a total of $3,280.95 and explained that only 30 working days will be
required to complete the project.
Mr. George Paraskevas, who is a Texas Licensed Real Estate Broker and
Appraiser, testified that he had examined the property and felt that the
property will be enhanced at least in the amount of the assessments.
No one else spoke in regard to this case.
A motion was made by Council Member Mendez that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
* * * * * * * * * * *
Mayor Pro Tem Turner announced the public hearings on three zoning
applications.
31. Application No. 883-14T - Messrs. J. R. Ewing and E. H. Moore: to
consider a proposed cTange to the text of the City Zoning Ordinance #6106
to amend Article 31, Newly Annexed Territory, by amending Section 31-5
by adding thereto one new subsection to be numbered 31-5.54 setting forth
a zoning classification of "B-1" Neighborhood Business District on Tract 1,
"A-1" Apartment House District on Tract 2, "R -1C" One -family Dwelling
District on Tract 3, "R -1B" One -family Dwelling District on Tract 4, and
"R-2" Multiple Dwelling District on Tract 5 when annexed to the City of
Corpus Christi, located at the intersection of Weber Road and County Road
26, Tract 1 being 2.88± acres, Tract 2 being 3.11± acres, Tract 3 being
23.16± acres, Tract 4 being 20.01± acres, and Tract 5 being 1.75± acres,
all Tracts out of Lot 4, Section 11, Bohemian Colony Lands.
Assistant City Manager Utter explained that this property is outside the
City limits and it is for prezoning. He explained that the request is for the
following zoning: Tract 1 - "B-1"; Tract 2 - "A-1"; Tract 3 - "A -1C"; Tract 4
- "R -1B"; Tract 5 - "R-2". Mr. Utter stated that there was no response to
the four notices of the public hearing that were mailed and that the Planning
Commission recommended approval as follows on the various tracts: Tract 1 -
"B-1"; Tract 2 - "A-1"; Tract 3 - "R -1C" Tract 4 - "R -1B" and they
recommend that the "R-2" requested zoning on Tract 5 be denied and that
"R -1B" be granted on this property. He stated also that the Staff recommends
the same as the Planning Commission with the exception of Tract 1 on which
they recommend denial of "B-1" and that "A-1" be approved and they also
recommend "R-2" zoning on Tract 2.
WHEREAS, such notice was given said owners of property as shown on the
current ad valorem tax roll within the limits of the streets being improved by
mailing such notice at least fourteen (14) days prior to the hearing to such
owners and by publishing three times notice of such hearing in the Corpus
Christi Times, the first of which publication was at least twenty-one (21) days
prior to the date of said hearing; both forms of notice being in compliance with
and containing the information required by Article 1105b, Vernon's Annotated
Civil Statutes; and
WHEREAS, after due, regular and proper notice thereof, all as provided
by law and the Charter of the City of Corpus Christi, said hearing of which
notice was given, was opened and held on October 12, 1983, in the Council
Chambers, 302 S. Shoreline Blvd., 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
There being no further testimony offered or any further parties
appearing to be heard, upon proper motion, duly seconded and unanimously
carried, the said hearing was declared closed; and
WHEREAS, no further parties appearing and no further testimony being
offered as to the special benefits in relation to the enhanced value of said
abutting property as compared to cost of the improvements of said portion of
said streets proposed to be assessed against said property, or as to any errors,
invalidities or irregularities, in the proceeding or contract heretofore had in
reference to the portions of said streets to be improved; and
WHEREAS, said City Council has heard evidence as to the special
benefits and enhanced value to accrue to said abutting property, and the real
and true owner or owners thereof, as compared with the cost of making said
improvements on said streets within the limits above defined, and has heard all
parties appearing and offering testimony, together with all protests and
objections relative to such matters and as to any errors, invalidities or
irregularities in any of the proceedings and contract for said improvements,
and has given a full and fair hearing to all parties making or desiring to
make any such protest, objection or offer testimony and has fully examined
and considered all evidence, matters, objections and protests offered and
based upon said evidence, testimony and statements, said City Council finds
that each and every parcel of property abutting upon the portion of the
streets aforesaid within the limits to be improved as herein defined, will be
enhanced in value and specially benefited by the construction of said
improvements upon the said streets upon which said property abuts, in an
amount in excess of the amount of the cost of said improvements proposed to
be, and as hereinbelow assessed against each and every said parcel of
abutting property, and the real and true owners thereof, and said City
Council did consider and correct all errors, invalidities or deficiencies
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
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:
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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
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 by
named or correctly named herein or not, the several sums of money hereinbelow
mentioned and itemized opposite the description of the respective parcels of
said property, the number of front feet of each and the several amounts assessed
against same and the real and true owner or owners thereof, and names of the
apparent owners thereof, all as corrected and adjusted by said City Council,
being as follows, to -wit:
5
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 City Engineer upon completion of said
work on said street, and the findings of the City Engineer 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 eight percent (8%) per
annum with reasonable attorney's fee and all 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:
September 7, 1983, 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
6
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 eight percent (8%) per annum; provided,
however, that the owners of said property availing themselves of
Option "2" or "3" above shall have the privilege of paying one, or
all, of such installments at any time before maturity thereof by
paying the total amount of principal due, together with interest
accrued, to the date of payment.
3. The total number of monthly installments on owner occupied
property may be extended beyond sixty (60) in number so that, at
the owner's request, the total monthly payments will not exceed
ten ($10.00) per month.
SECTION 6. That for the purpose of evidencing said assessments, the
liens securing same and the several sums assessed against the said parcels 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 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: September 7, 1983, 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.
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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 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 City Engineer and approved and adopted by the City
Council and are in accordance with the proceedings of said City Council relative
to said improvements and assessments thereof, and with the terms, powers and
provisions of said Chapter 106 of the Acts of the First Called Session of the
40th Legislature of the State of Texas, known as Article 1105b of Vernon's
Annotated Civil Statutes of Texas and Charter of the City of Corpus Christi,
Texas, under which terms, powers and provisions said proceedings, said
improvements and assessments were had and made by said City Council.
SECTION 8. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by the closing of such hearing on
public sidewalk improvements, such finding of an emergency is made and declared
requiring suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this ordinance is
8
passed and shall take effect upon first reading as an emergency measure this the
19th day of October, 1983.
ATTEST:
APPROVED:
/DAY OF OCTOBER, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
M'Yn' /
9
HE CITY 0 CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
q444.
day of CQ ., J , 198 3.
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; I/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
Respectfully,
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
vote:
1.7808