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