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HomeMy WebLinkAbout17898 ORD - 10/26/1983AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Connection of Surfside Boulevard to Timon Boulevard 1. Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard, 2. Surfside Boulevard, from Bridgeport Avenue to Timon Bouelvard, and 3. Timon Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue. 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 14th day of September, 1983, determined the necessity for, and ordered the improvement of the following streets: Connection of Surfside Boulevard to Timon Boulevard 1. Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard, 2. Surfside Boulevard, from Bridgeport Avenue to Timon Bouelvard, and 3. Timon Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue. in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated September 14, 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, 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 14, 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 14, 1983, MICROFILMED 1EP 2 81984 17898 did order and set a hearing to be held at 3:15 p.m. on the 12th day of October, 1983, in the City Council Chambers in the City of Corpus Christi, Texas, for the real and true owners of the property abutting upon said streets, within the limits above defined, and for all others owning or claiming any interest in, or otherwise interested in said property, or any of said matters as to the assessments and amounts to be assessed against each parcel of abutting property and the real and true owner or owners thereof, and as to the special benefits to accrue to said abutting property by virtue of said improvements, if any, or 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 October 12, 1983, in the City Council Chambers in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said abovementioned persons, firms, corporations and estates, their agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and offered the following testimony: .mutes Regular Council Meeting October 12, 1983 Page 15 allowed until January, 1986 at which time they could install off-street parallel parking or as a third option, the Staff could reconsider the requirement to go to recess parallel parking at that time. Council Member Mendez reminded Mr. Jackson that he had considered the possibility of reaching some kind of an agreement with the property owners at the rear of his property to possibly establish off-street parking. He pointed out that perhaps in two years, something could be worked out with that property owner so that parking could be provided at the rear of the building. Council Member Slavik pointed out that since the Staff is willing to reassess the situation in two years, Mr. Jackson may have another option. Mr. Lontos stated that there can be a condition included in the agreement that after the two-year period, the Council could then allow Mr. Jackson to continue the head -in parking. A motion was made by Council Member Guerrero that the agreement with the Camp Cleaners' owner in regard to the parking situation be revised as follows: (1) head -in parking will be allowed to continue until January 1, 1986; (2) in 1986, the City will reevaluate the need for recessed parallel parking in front of Camp Cleaners; and (3) that the other actions included in item 28 be approved with the exception of No. 3 since Spohn Hospital's request for revocable easements has been withdrawn. The motion was seconded by Council Member Mendez and passed unanimously. ******** _ r'�, Mayor Pro Tem Turner announced the public hearing on the following item: 30. 3:15 p.m. - Assessment hearing on improvements to the following streets for the Surfside to Timon Boulevard Connection project: Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard; Surfside Boulevard, from Bridgeport Avenue to Timon Boulevard; and Timon Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue. The roll provides for assessments of $37,882.12 on 9 items. Council Member Berlanga stated that it was his understanding that some residents on Timon Boulevard plan to appear before the Council today to present petitions because of their objections to the one-way traffic planned for Timon Boulevard. •nutes Regular Council Meeting October 12, 1983 Page 16 Assistant City Manager Lontos stated that all of the residents were notified of the hearing. He explained the project by stating that it was started several years ago; the traffic plan shows one-way traffic on Timon Boulevard and on Shoreline Boulevard; and based on that plan, the City conducted a public hearing in the area of Corpus Christi Beach with the plans designed for one-way streets in that manner. He stated that the public hearing was conducted on July 9, 1980; all of the plans were presented; and the general consensus of the hearing, which was well attended, was the residents of that area agreed with the plan. He stated that this background information was provided because it ties into the plan for the Shoreline-Timon connection which is under consideration today. He explained that the plans had been prepared for this project in accordance with the consensus of the residents at that time. He assured the Council that the entire plan for traffic on Corpus Christi Beach was discussed at that hearing and other meetings conducted in that area. Mayor Pro Tem Turner agreed, stating that the decision of the Council was based on the fact that there was no opposition from the residents at that public hearing. Council Member Berlenge pointed out that that hearing was conducted before the damage inflicted by Hurricane Allen. He pointed out that there have been many changes and many new owners since that time, and evidently many property owners are opposed now to that plan. City Attorney J. Bruce Aycock stated that this public hearing is conducted in order to allow the Council to hear testimony about the project and interested citizens to provide comments in regard to the assessment. He stated that it is required by State law and called as his first witness, Mr. Gerald Smith, P.E., City Engineer, to explain the scope of the project. He stated that under the law, the total of the assessment cannot exceed the value of the improvements to the property. Mr. Aycock questioned Mr. Smith and established his qualifications to testiy, noting that a copy of his resume is on file in the City offices. Mr. Smith testified that in 1982, bonds were approved for this project. He displayed plans for this connection stating that they were prepared in the City's Engineering Department. He stated that the Staff has been working for several months to acquire right-of-way for this project and pointed out that this is an area of Timon Boulevard which is on the ground. He noted that the project is behind a restaurant called, "The Spanish Kitchen" and this is a part of the plan for one-way traffic on North Shoreline Boulevard which has recently been completed. He informed the Council that bids for the project were received on August 17, 1983 with only two bidders and the low bidder was Heldenfels Brothers for $234,533.83. He stated that the abutting properties will have access to the one-way lanes and the scope of the work extends from Coastal Street to Kleberg. He explained that this is the first phase of the project and additional work is planned for the future. He explained the plan .iinutes Regular Council Meeting October 12, 1963 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. * * * * * * * * * * 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. 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 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 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: FINAL ASSESSMENT ROLL CONNECTION OF SURFSIDE BOULEVARD TO TIMON BOULEVARD This project includes the realignment of Timon Boulevard to connect with Surfside Boulevard and provides for improvements to the following streets: 1. Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard, 2. Surfside Boulevard, from Bridgeport Avenue to Timon Boulevard, and 3. Timon Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue. These streets shall be constructed by excavation to a width and depth to permit the laying of a standard 6" curb and gutter section, 6" compacted sand/shell subgrade, 8" compacted sand/shell base, and a 2" Hot -Mix asphaltic concrete pavement. These streets will be 45' wide with Timon Boulevard constructed with two 26' wide street sections separated by'a 14' wide median. Reinforced concrete sidewalk 4" thick will be constructed on both sides of the streets and replacement water lines will be installed. The assessment rates have been calculated in accordance with the City's current pav- ing policy. Based on this policy and the low bid submitted by Heldenfels Brothers, Inc. the assessments rates are as follows: Street Width 45' BOC ti Curb, Gutter & Pavement 26' BOC Curb, Gutter & Pavement 1/2 New 26' BOC Curb, Gutter & Pavement Sidewalk Water Line Bid Price Assessment Rate $34.96 L.F. $19.50 L.F. $15.49 L.F. $15.49 L.F. $33.92 L.F. $33.92 L.F. $ 1.94 S.F. $ 1.00 S.F. $18.16 L.F. $ 1.06 L.F. Residential Property, Schools & Churches All property within the improvement area is zoned and used for commercial purposes. Total Contract Price Final Assessments City Portion $234,533.83 37,882.12 $196,651.71 erald Smith, P.E. GS/dl - City Engineer i ITEM ,_MBER 7, 1963 ..-._ OWNER AND PROPERTY DESCRIPTION .- . -_-- - -- PAGE 1 - DESCRIPTION TOTAL QUANTITY OF AMOUNT 7 ASSESSED 'ASSESSMENT RATE AMOUNT ASSESSED ____ FINAL ASSESSMENT ROLL CONNECTION CF - - -- - _ SURFSIDE TO TIMON BLVD. STREET IMPROVEMENTS _ ) COASTAL AVENUE 8 SHORELINE TO SURFSIDE 3 BEGIN SOUTH SIDE 3 ) 3 1 MORRIS LIEDECKEF ESTATE * 252.00 L.F.C.G.E. PVMT. -0- -0- 3 ,S BOX 1541 78403 -0- L.F.C.G.0 PVMT. -0- -0-___ F-7 LOTS 11 E 12 BLK 7 **1,230.00 S.F. S/8 -0- -0- ) BROOKLYN ADDN -0- S.F. S/W -0- -0- ) . -_ _ B-2,VACANT LOT _, - _ _ -0- S.F. 0/8 - . _ .-_ -0- __ . -0- * 0 * CR 8 LF RTN -0- S.F. 1/8 -0- -0- ) **CR 14 LF EXST S/W 3 _100.00 OTHER LF W -LINE --__- _.__ _.. __ ._ . _ _. _- .00 ) ) SURFSIDE BOULEVARD. END COASTAL AVE END SOUTH SIDE ) ) ) COASTAL AVENLE ) N SHORELIN TO SURFSIDE BEGIN NDR1H SIDE ) 2 LUXURY LCDGES INC. * 257.00 L.F.C.G.0 PVMT. 19.50 5,011.50 ) S 1/0 STERN FEINBERG -0- L.F.C.G.L PVMT. -0- -0- _, BOX _839.75403_____ . - -0- S.F. S/W ___ _-0 _ -0- LOTS 1 C 126 & 2E, ALLEY -G- S.F. S/W -0- -0- ) B-2,MOTEL PARKING -0- S.F. D/W -0- -0- *PAVEMEGT_CNL Y___ _-__ _ -0 = S.F. D/W -0- CREDIT EXST C L G 1 S/W ) SURFSIDE BOULEVARD _ENO COASTAL AVE END NORTH SIDE ) SL.._.cMBER_2.. 1983_____-___ PAGE 2_ ' • DESCRIPTION ' TOTAL ITEM OWNER AND CUANTITY OF AMOUNT ) iN0.____PRORERTY DESCRIPTION _ASSESSED __ ASSESSMENT _ RATE _ AMOUNT __ ASSESSED ,I 4 EMMELM. MC_CARTHY—_-- _ a_ 146.00 L.F.C.G.E_PVMT.__ 19.50 — _ 2,886.00 3001 SURFSIDE 78402 -0- 1.F.0.6.0 PVMT. -0- -0- 7 LOTS 111,110,E 109 ELK 41 740.00 S.F. S/W 1.00 740.00 ) BEACH HOTEL-ADDN -C- S.F. S/W -0- -0- 8-2,91<0 STORE • -0- S.F. 0/W -0- -0- I *CR 2 LF RTN -0- S.F. 0/W -0- -0- ) 150.00 OTHER LF W-LINE1.06159.00_ -______ 3,785.00 SURFSIDE BOULEVARD BRIDGEPORT AVE TO COASTAL ) - BEGIN WEST SIDE 1 4 H.H, GUMMELT 100.00 L.F.C.G.E_P.VMT.__ 19.50 1,950.00_, F 118 LIVE OAK -0- 1.F.0.0.0 PVMT. -0- -0- - )i GEORGETOWN TX 500.00 S.F. S/W 1.00 _� 500.00 I ); LOTS_j•08 0 109 8LK 41 -C- _ S.F.. S/W____ -0- -0- BEACH 0 BEACH HOTEL ADDN -0- S.F. D/W -0- -0- .) 8-2,VACANT LOTS -0- S.F. D/W -0- 100.00 OTHER_LF_W-LINE_1.06_-_____ 106.00_____2,556.0C I I )I 5 CITY OF COILPUS -0- L.F.C.G.&PVMT._-0_-0 �' LOT 106 8LK- 41 -0- L.F.C.G.& PVMT. -0- -0- ) BEACH HOTEL ADDN -C- S.F. S/W -0- -0- ) R.O.W._TMIND. AT_ELM _ST. _ _ -0- S.F. S/W —_-___- 0 _______ _ -C -0- S.F. D/W -0- -0- ) -0- 5.F. D/6 -0- -0- ) L______ _ _ _ _ _ _ -._ _ -_ _._ ..00__1 ) ) ), L- 6 GEORGE TAYLOR ) BOX 719 78403 LOTS 2,4.6_&. b_,BLK7_ BROOKLYN ADDN B-2,LOUNGE *CR 2 LE_ETN COASTAL AVENUE END - END SURFSIDE BLVD END WEST SIDE SURFSIDE BOULEVARD BRIDGEPORT TO COASTAL_ BEGIN EAST SIDE 198.00 L.F.C.G.0 PVMT. 19.50 - 0- L.F.C.G.& PVMT. -0- 990.00 S.F. 5/W_ -_1.00 - 0- S.F. 5/W -0- - 0- S.F. D/W -0- - 0--_ S.F. D/W -0- 200.00 OTHER LF W -LINE 1.06 3,801.00 -0- 990.00 -0- -0- 212.00 ) 15 5,063.00 .EMBER 7, 1983. . ._ _ _ PAGE 3 _. DESCRIPTION TOTAL ITEM OWNER AND QUANTITY OF AMOUNT l _ N0. _ _ PROPERTY DESCRIPTION ASSESSED ASSESSMENT_ RATE . AMOUNT _ _. ASSESSED . _ , 7 MORRIS LIEDECKER, ESTATE 100.00 L.F.C.G.0 PVMT. 19.50 1,950.00 7 F BOX 1391 78403 ' 22.00 L.F.C.G.0 PVMT. 19.50 4,914.00 S-1__ LOTS 10,11, C 12 BLK7 500.00 S.F. 8/8 _ 1.00 _.. 500.00 BROCKLYN A0ON **1,230.00 S.F. S/W 1.00 1,230.00 ) B-2,VACANT LOTS -0- S.F. D/W -0- -0- ,_._. *CR 8_ LF_CRB. P.TN _ _ _._ _.. -0- S.F. D/W -0 ._ __- -0 **CR 14 LF EXST S/W ) 150.00 OTHER LF W -LINE 1.06 159.00 8,753.00 ) COASTAL AVENUE END SURFSIDE BLVD END EAST SIDE NOTE: COASTAL/TIMONS ALIGNMENT SURFSIDE TO ELM ON WEST SIDE ) ABUTS ON CITY R.O.W .___, ) COASTAL/TIMONS BLVD. SURFSIDE TO ELM STREET ) EAST SIDE ONLY ) ) 8 EALEY P HARRIS 150.18 L.F.C.G.0 PVMT. 33.92 5,094.11 ) ._-3122 TOPFKA_78404 * 50.00 L.F.C.G.0 PVMT. 15.49 774.50 LOTS 1,2 & 3 BLK 40 750.10 S.F. S/W 1.00 750.00 ) BROOKLYN ADDN * 250.00 S.F. S/W 1.00 250.00 ) B-2, MOTEL. -C- S.F. D/W_______-0 *SIDE COASTAL AVE -0- S.F. D/W -0- -0- 6,868.61 ) 8A MRS RUBY I HARRIS 50.06 L.F.C.G.& PVMT. 33.92 1,698.04 ) L__3122_T1PEgq 78404 _� _. _ _ __ _ -0- _ L.F.C.G.& PVMT.. -0- ___ _ -0 LOT 105 SLK 40 250.30 S.F. S/W 1.00 250.30 ) BEACH HOTEL ADDN -0- S.F. S/W -0- -0- ) B-2,MOTEL ____._._ -0- S.F. D/W 70-..__ -0- -0- S.F. 0/W -0- -0- 1,948.34 ) ) 9 ROBERT PLATT 100.12 L.F.C.G.0 PVMT. 33.92 3,396.07 ) 3117 SU9FSZOE 754f2_-_____ -0- L.F.C.G.0 PVMT.-0--0- 1 LOTS 103 C 104 BLK 40 500.60 S.F. S/W 1.00 500.60 )' BEACH HOTEL ADDN -0- S.F. S/W -0- -o- ) 8-2 -C- S.F.D/Y1__ -0- -0- -0- S.F. 0/W -0- -0- 3,896.07 ) ) ) ) ) cMBER 7,_1963_____ ITEM OWNER AND NC.__ • PROPERTY DESCRIPTION DESCRIPTION LUANTITY OF ASSESSED ASSESSMENT RATE PAGE4—_—____--__� TOTAL AMOUNT ) AMOUNT _— ASSESSED ( ELM STREET END COASTAL/TIMONS BLVD. ENO EAST SIDE END PROJECT TOTAL ASSESSMENTS *** 37,882.12 ) 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: August 3, 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 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 120 in number so that, at the owner's request, the total monthly payments will not exceed ten ($10.00) per month. SECTION 6. That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels or property and the real and true owner or owners thereof and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Corpus Christi, Texas, to itself upon the completion of said improvements in said streets and acceptance thereof by said City Council, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary, with the corporate seal of said City, and which certificates shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and acceptance of the improvements for which the certificate is issued, and shall contain the names of the apparent true owner or owners as accurately as possible, and the description of the 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 14, 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. 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 procedures of said City Council relative to said improvements and assessments thereof, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known as Article 1105b of Vernon's Annotated Civil Statutes of Texas and Charter of the City of Corpus Christi, Texas, under which terms, power and provisions said proceedings, said improvements and assessments were had and made by said City Council. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by the closing of such hearing on public street improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon 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 26th day of October, 1983. ATTEST: � � 444e— ARPTOF Cit ecretary � , 19 0 ° 3 : J. " / Ay o JBruceck,4City Attorney MAYOR (/ THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas /•1444 day of Qrs.b..14_) , 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, Respectfully, MAYOR Council Members i THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passe by the following vote: 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 17898