HomeMy WebLinkAbout18098 ORD - 02/22/1984•
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREET:
Purdue Road, from Debra Lane to Laguna Shores Road;
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT
AND COLLECTION; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved on the 18th day of January, 1984, determined the
necessity for, and ordered the improvement of the following streets:
Purdue Road, from Debra Lane to Laguna Shores Road
in the manner and according to the plans and specifications heretofore approved
and adopted by the City Council by ordinance dated January 18, 1984, 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
January 18, 1984, 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 December 14, 1983,
did order and set a hearing to be held at 3:00 p.m. on the 15th day of February,
1984, 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
MICROFILMED
1809s 'SEP 2 81984
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 February 18, 1984, 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:
Minutes
Regular Council Meeting
February 15, 1984
Page 12
22. ORDINANCE NO. 18090:
AMENDING THE ZONING ORDINANCE UPON -APPLICATION OF ALBERT P. PEREZ BY
GRANTING A SPECIAL COUNCIL PERMIT FOR FOUR APARTMENT UNITS ON LOT 3, BLOCK
12, MOLINA SUBDIVISION UNIT 2; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
* * * * * * * *
Mayor Jones announced the public hearing on the following matter:
23. ASSESSMENT HEARING - 3:00 p.m.
Purdue Road Improvements, Phase I project providing for assessments of
$85,248.80 for the 5 items on the roll.
Assistant City Manager Lontos stated that this portion of Purdue Road was
included in the 1982 Bond Election. He explained that this particular portion
extends through an area where a street has never existed and the Staff will make
some recommendations on assessments in regard to reductions for specific
reasons.
City Attorney J. Bruce Aycock called as his first witness, Mr. Gerald
Smith, P.E., City Engineer. He ascertained that Mr. Smith is qualified to
testify and that a copy of his qualifications in resume form is on file in the
Office of the City Secretary.
Mr. Smith displayed a transparency which shows the limits of the project
which will extend from Debra Lane to Laguna Shores Road. He explained that this
roadway was dedicated prior to 1900 but it does not exist on the ground. He
explained that the reason this portion was included in the Bond Program was to
improve the circulation around the school in the vicinity.
Mr. Smith explained the project by stating that a 36 -foot wide street will
be constructed within the existing 64 feet of right-of-way and the improvements
include a Th' cement stabilized sand subgrade, 31" Type A asphalt base and 1-11
Type D hot -mix asphaltic pavement. He stated that there will be no curbs or
gutters but an asphalt sidewalk six feet wide on the south side of the street
will be constructed. He stated that a reinforced concrete sidewalk 4" thick and
a 6" standard curb and gutter section will be constructed along the school
property at the west end of the project as shown on the plans.
Mr. Smith testified that the plans were prepared in the Engineering
Department; bids were received on January 4, 1984; and the low bidder was King
Construction Company with a bid in the amount of $154,475.85. He stated that it
will require approximately two months to complete the work. He stated that the
assessments were prepared according to the ordinance and the ordinance allows
Minutes
Regular Council Meeting
February 15, 1984
Page 13
that the abutting property owners pay 90% of the cost if a roadway does not
exist and that this cost would be $39.86 per linear foot for the roadway. He
informed the Council that there are only five property owners on the roll on
this section of Purdue Road and the total of the preliminary assessments is
$85,248.80. He explained, however, that the Staff has some recommendations for
adjustments on the roll to reflect the elevation of some of the property. He
stated that the Staff recommends that all properties below elevation four feet
should not be assessed since it will be difficult to develop that land in the
tidal flats. Mr. Smith stated that the Staff would like to make the following
recommendations:
(1) Laguna Estates, Inc. be reduced from $40,497.76 to $26,148.76.
(2) Flour Bluff Independent School District - no reduction because the
property is high enough to be developed.
(3) Joe Hensler & Henry L. Tucker - a reduction from $18,830.62 to
$13,22.56.
(4) W. R. Duncan - a reduction from $13,221.56 to $0.
(5) Exxon Corporation - no reduction because it is above elevation 4.
Mr. Smith summarized by stating that the reduction for the total assessment
roll would be $32,968.
Council Member Slavik inquired about the basis for this reduction, and Mr.
Smith explained that it is not a policy because this is the first project of
this nature that the City has had in that they, are constructing a street where
none previously existed, and because of the low elevation of some of the
property which would make it difficult to develop, the Staff is recommending no
assessment for property that is less than elevation 4.
Mayor Jones pointed out that this project is needed very much by the school
district, and Mr. Smith agreed.
City Attorney Aycock inquired if fill would be brought in, and Mr. Smith
explained that the contractor will have to bring in some fill for some portions
of the road in the 360 -foot section. He further explained that there are two
culverts under the roadway which will have to be removed and pipe installed.
Council Member McComb questioned the wisdom of installing asphalt
sidewalks, noting that they would not be very stable.
Mr. Smith explained the plan for construction and noted that because of the
wet condition, they plan to construct the sidewalk away from the street with a
curb for a separator and the soil will be stabilized with the addition of
Portland cement.
Minutes
Regular Council Meeting
February 15, 1984
Page 14
Mr. Aycock called as his next witness, Mr. W. J. Holly, Real Estate Broker
and Appraiser. He questioned Mr. Holly and ascertained that he is a qualified
real estate appraiser and broker and that a copy of his qualifications in resume
form is on file in the Office of the City Secretary.
Mr. Holly testified that he had examined each and every piece of property
on the roll and stated that he also recommends reductions on the property that
is of elevation four feet or less. He stated that he concurs with the suggested
reductions and assessments as recommended by Mr. Smith.
Mayor Jones called for comments from the audience.
Mr. Tony Pletcher, representing owners of the land which surround the lake,
stated that there are several matters that Mr. Buddy Seeds, his client, would
like to bring to the Council's attention as follows:
(1) This land is primarily wet lands and the City has encountered problems
with the Corps of Engineers in even constructing this street. He
noted that the City claims that enhancement will occur on the property
that abuts the street. He questioned whether land could be developed
even if it is over four feet in elevation and reminded the Council
that a house has to be at 12 -foot elevation before a permit can be
issued. He expressed the opinion that Mr. Seeds' development is going
to be very limited in this area.
(2) The statement that Purdue Road is not a roadway. He stated that they
contend that Purdue Road is a road that has existed for many years;
therefore, he was of the opinion that the 90% assessment is incorrect
and it should be assessed as the City usually does on existing
roadways.
(3) The land is burdened with high pressure gas pipe lines which will also
limit development.
(4) He questioned if the roadway will really enhance this property that
abuts the streets.
Council Member Kennedy asked Mr. Pletcher if that land is developable and
if not, if it does not have a value.
Mr. Pletcher replied that the only land that can possibly be developed is
that of elevation eight feet or above. He stated that the property he is
referring to is listed as item 1, Laguna Estates, Inc.
Mrs. Nancy Albrecht, Mr. W. R. Duncan's daughter, addressed the question of
whether or not a road exists. She explained that there is a dirt road that is
passable that has been there for several years. She stated that they do want
the road to go all the way through to help school traffic, and even though it is
not a paved street, there is a dirt road that can be driven on. She stated that
although they do want the road paved, she did not feel that they should have to
pay for it.
Minutes
Regular Council Meeting
February 15, 1984
Page 15
Council Member Kennedy pointed out that the Staff recommends that Mr.
Duncan's assessment be reduced to zero.
Mr. Buddy Seeds agreed that although there is no paved road, a dirt road
has been in existence for years. He stated that he objects to the full
assessment for that reason. He expressed the opinion that he should not have to
pay such a large assessment since the land cannot even be developed. He did
agreed, however, that the roadway is definitely needed for the school but he was
of the opinion that it would not enhance the abutting property. He stated that
he was of the opinion also that the appropriate assessment rate should be $9.75
per linear foot.
Council Member Kennedy stated that he felt that if the property would not
be enhanced in the amount of the assessment, and he did have some questions
about that, particularly if an individual's property could not even be
developed, the assessment should be reduced.
Mr. Holly addressed the Council again and stated that he felt that the
property would be enhanced in the amount of the assessment except for those
properties that are four feet or below elevation. He stated that he had
discussed this matter with both Mr. Seeds and Mr. Hansler who agreed that some
of their property could be developed.
Mr. Holly also referred to a similar situation that exists on Corpus
Christi Beach for Shoreline from Coastal Street to Canal Street which is at
4 -foot elevation. He suggested that the Council establish an elevation level
for this type of situation since it may exist on Corpus Christi Beach as well.
Mayor Pro Tem Turner asked Mr. Holly about the existence of a road, and Mr.
Holly replied that there is a road, and even though it is a dirt road that is
not very good, it is passable.
Council Member Slavik pointed out that it is an unimproved road and she did
not feel that credit should be given for an existing road.
Mr. Smith then quoted from the ordinance which indicated that credit should
be given to the abutting property owner if a paved street existed but if
pavement does not exist, the property owner shall be assessed the full amount of
the street construction. He pointed out that in this case, the street is not
paved.
Mayor Jones stated that he felt that this clarified the definition of an
existing street.
Mr. Seeds again stated that he did not think that the construction of the
street would enhance his property in any way and he would be willing to sell it
to the City for the same amount for which he had purchased it.
Minutes
Regular Council Meeting
February 15, 1984
Page 16
Mr. Sam Buchanan, representing the Exxon Corporation, explained how
cooperative the Engineering Staff and Mr. Smith, in particular, had been. Mr.
Buchanan provided background information in regard to two high pressure gas
lines crossing this area which the City required be lowered. He stated that the
Legal Department has ruled that the City does have an easement there, but to
avoid controversy, the City paid one-half of the cost of lowering the pipe
lines and Exxon paid the other half. He stated that since they had paid
one-half of that cost, Exxon did not feel that they should have to pay more for
the assessments. He presented to the Council copies of the agreements and maps.
Mr. Buchanan continued by referring to the definition of enhancement. He
stated that in 1941, Exxon purchased one-half acre of land on a reverter type of
deed which is nothing but a bona fide easement. He explained that all Exxon
actually has is a temporary use of the right-of-way. He noted that the City had
acquired one and one-half acres from Mr. Duncan and pointed out that Exxon had
given the City right-of-way for a street fourteen feet wide. He expressed the
opinion that Exxon Corporation will not benefit at all from Purdue Road
improvements and their property will certainly not be enhanced.
Mayor Jones inquired as to who will actually benefit from the improvement
of this street. He stated that he felt that the Exxon property would be
increased in value by the street improvements.
Mr. Smith referred to the deed presented by Mr. Buchanan and stated that
Exxon has been paying taxes on the land since 1941; they are listed as the owner
of the property; but agreed that there is a reverter clause.
Council Member Slavik agreed that possibly Exxon Corporation would not
benefit from the paved road but contended that the abutting property owners
always benefit from the paving of a road and she felt that they should pay their
assessments.
Assistant City Manager Lontos emphasized the fact that the Council is
actually assessing property -- they are not assessing the owners and it is a
matter between the buyer and the seller if the property is transferred. He
stated that oftentimes, an individual property owner might not personally
benefit from street improvements, but their property is enhanced.
Mayor Pro Tem Turner inquired about the elevation of the Exxon property,
and Mr. Lontos stated that it is six feet or slightly over in elevation. Mr.
Lontos explained that they had established the arbitrary line of four feet
elevation because no development could occur at this elevation. He agreed that
development might not occur in areas specifically designated as wet lands, but
development could occur on the other land. He noted that if the developer
obtains a permit from the Corps of Engineers, they can even develop at elevation
below the four feet.
Minutes '
Regular' Council Meeting
February 15, 1984
Page 17
Council Member Kennedy inquired if the Council decided to do so, if they
could change the elevation to be designated as six feet rather than four feet
and if the Council decided to, if they could reduce the assessment per linear
foot from $39.86 to $20.
Mr. Lontos stated that the Council does have the authority to do that but
if they do decide to do that, they should consider how it would affect any
future projects. He referred, in particular, to Corpus Christi Beach.
Council Member Kennedy made a motion that a $20 per linear foot maximum be
assessed for property owners abutting a street improvement project to apply only
to streets that are unpaved or not in existence.
The motion was seconded by Mayor Pro Tem Turner.
Council Member McComb indicated that he concurred with the reasoning on
this but pointed out that if the citizens voted on these bonds for street
improvements with the understanding that assessments would be charged and this
Council changes the assessments to reduce the rate and this decreased the amount
of money available in the Street Bond Fund, there might be some question raised
about the amount of money available for other street improvements in the City.
Council Member Slavik stated that she felt that this matter should be
tabled because there may be other streets in Flour Bluff as well as Corpus
Christi Beach in the same situation.
Mr. Lontos stated that he did not think there would be very many streets
constructed where there is no paved street in existence. He stated that he did
not anticipate a great deal of problems if Dr. Kennedy's motion applies only to
unimproved streets.
Council Member Mendez stated that he had the same concern that Mr. McComb
had because people in other areas of the City may have funds for street
improvements decreased because of the special concession on Purdue Road. He
stated that he felt that unless the ordinance is changed, the Council should
comply with the ordinance.
Council Member McComb inquired if the project could move forward and after
the assessments are determined, the assessment roll could be amended.
City Manager Martin stated that the Council should really set the
assessment rate when the contract is awarded but the bond program does allow for
100% of the cost because the assessments are usually not paid until five years
after the project has been completed. He stated that this change is precedent
setting in some ways, but it would not have any effect on the bond program.
Council Member Mendez pointed out that many concessions have already been
made, mentioning in particular the elimination of assessments for property that
is below four feet elevation.
Minutes
Regular Council Meeting
February 15, 1984
Page 18
Council Member McComb expressed the opinion that this is a major policy
change and it should be considered carefully by the Staff.
Mayor Jones reviewed the motion which stated that all property over
four -foot elevation be assessed at $20 per linear foot rather than $39.86 per
linear foot to be applied only to streets that are not open on the ground, such
as this particular project for Purdue Road.
Mayor Jones stated that he had a tendency to agree with Council Members
McComb and Mendez because there was a vote of the people for particular bond
programs and if more is spent on this project than the citizens expected, there
might be a decrease in other street improvement projects.
Mayor Jones called for the vote on the motion and it failed to pass as
follows: Turner, Berlanga, Guerrero and Kennedy voting, "Aye"; Jones, Brown,
McComb, Mendez and Slavik voting, "No".
The attorney representing Mr. Hensler and Mr. Tucker pointed out that the
property included on this assessment roll was purchased for less than their
total assessment and none of the property owners will benefit from these
improvements because it will only benefit students attending the school and the •
general public. He expressed the opinion that there was no reason why the
Council could not reduce the amount of the assessment. He expressed the opinion
that it is inconsistent to eliminate the assessment for property under four feet
elevation, yet refuse to reduce the assessment per linear foot.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously.
A motion was made by Council Member McComb that the project be approved and
that the Staff be directed to revise the appraisals for the assessment roll
prior to the final acceptance of the roll.
The motion was seconded by Council Member Mendez.
Mr. Smith pointed out that this is a very short project and the matter
could be before the Council again in two or three months.
The motion passed unanimously.
Mayor Jones announced the public hearings on three zoning applications.
Mayor Jones departed the meeting at 5:33 p.m.
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 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:
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 11056 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:
PRELIMINARY ASSESSMENT ROLL
PURDUE ROAD
FROM DEBRA LANE TO LAGUNA SHORES ROAD
This project includes improvements to Purdue Road within the limits described and
provides for the construction of a new roadway by excavation to a width and depth
to permit the construction of a 36 foot wide street within the existing 64 foot
right-of-way. The improvements include a 71 inch cement stablized sand subgrade,
3k inch Type "A" asphalt base and 11 inch Type "D" Hot Mix asphaltic pavement. A
reinforced concrete sidewalk, 4 inches thick and a 6 inch standard curb and gutter
section will be constructed along the school property at the west end of the pro-
ject as shown on the plans.
The assessment rates have been calculated in accordance with the latest paving
policy adopted by the City. Based on this policy and low bid prices submitted by
King Construction Company, the assessment rates are as follows:
36' Wide Street
Roadway
Bid Price Assessment Rate
$39.86 L.F. $39.86 L.F.
School Property
6" Curb, Gutter & Pavement $30.30 L.F. $9.75 L.F.
Sidewalk $ 2.16 S.F. $1.00 S.F.
Total Bid Price $154,475.85
Preliminary Assessments '85,248.80
City Portion $ 69,227.05
-1.442111h,
Gerald Smith, P.E.
City Engineer
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FEBRUARY 15, 1984•
PAGE 1
TEM
>INO.
i,, `;; .: DESCRIPTION
` OWNER AND y' .•'' QUANTITY' ' OF _
PROPERTY' -DESCRIPTION ASSESSED ASSESSMENT RATE '
AMOUNT
TOTAL .
AMOUNT'_;,-
ASSESSED
PRELIMINARY ASSESSMENT ROLL •,
PURDUE ROAD ' . ." -
' DEBRA LANE TO LAGUNA SHORES ROAD
-
•_
,�
BEGIN NORTH SIDE
1
LAGUNA ESTATES INC ,'' 41,016.00 L.F.C.G.L PVMT. 39.86
40,497.76
,I
PO BOX 8586 78412 -0- L.F.C.G.G PVMT. -0-
15 AC PORTION LOTS I9 C 20 -0- S.F. S/W -0-
SECTION 54 -0- S.F. S/W -0-
-0-
-0-
-0-
.4 .
-
�
F B EENCINAL FARM 1. + -0- S.F. D/W - -0-
GARDEN -TRACT ."dt,," ' -0- S.F.-D/W - -0-
R-2/4-1/B-4/I-3/ r Sal-�' • .. .-
-0-
,--
*CR
4CR 79 LF EXST IMPVTS
40,497.76
•.'M;
a '% - - •. LAGUNA SHORES ROAD •,
,� •1 < .. - END NORTH SIDE
PURDUE ROAD
DEBRA LANE TO LAGUNA SHORES RD
'
BEGIN SOUTH SIDE
2
FLOUR BLUFF INDEPENDENT 82.00 L.F.C.G.E PVMT. 9.75
SCHOOL DISTRICT * 15.00 L.F.C.G.E PVMT. 39.86
2300 WALDRON ROAD 328.00 S.F. S/W 1.00
799.50
597.90
328.00
- •
_
CITY'78418.' -0- S.F..S/W • •-0-
FLOUR BLUFF SCHOOL �TR' -0- S.F. D/W ' -O-
R -1B, VACANT LOT - -0-- S.F. D/W --0-
-0-
-0-�j
-O-
'
`
*FDR DEBRA LN
1,725.40
3
, -
JOE HANSLER E ' -_467.00 L.F.C.G.E PVMT. 39.86
HENRY L TUCKER -.. -0- L.F.C.G.E PVMT. - -0-
18,614.62 j
-0-
t
2
5013 CASCADE 78413 210.00 S.F. S/W 1.00
5 AC POR OF LOT 19 -0- S.F. S/W -0-
SECTION 54 , -0- S.F. D/W -0-
216.00
-0-
-0-
b,
FLOUR BLUFF E ENCINAL FARM G -0- S.F. D/W -0-
GARDEN TRACTS -
R -1B -
-0-
18,830 62_4,
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FEBRUARY 15, 1984 PAGE 2
.ITEM ` -"`f DESCRIPTION TOTAL
' OWNER AND ` . ., QUANTITY:.. .,, OF AMOUNT
,_NO. PROPERTY -DESCRIPTION ' ASSESSED ` ASSESSMENT RATE AMOUNT ASSESSED
4 W R DUNCAN - - 331.70 L.F.C.G.0 PVMT. ,39.86 13,221.56 q -4
a 2500 DEBRA LANE 76418 ',, —0— L.F.C.G.0 PVMT. , —0— —0— '•'&, `z
26.46 AC OUT OF - + —0— S.F. S/W
LOTS 19,20,21 C 24 —0— S.F. S/W —0—
SECTION 54 —0— S.F. 0/W —0— —0—
C GARDEN TRACTS —0— S F. D/W —0— —0—
0—
.13,221.56
'li 4
5 EXXON CORP 275.30 L.F.C.G.0 PVMT. 39.86 10,973.46
C/0 0 C NA SH —0— L.F.C.G _C PVMT. —0— —0—
MARKETING REAL ESTATE REP '-0— {, S.F. S/W —0— —0—'
BOX 8217 - f —0— .S.F. S/W —0—
SAN ANy
TONIO, TX 78208 —0— S.F. DAY
1.77 AC OUT OF LOT 20 SEC 5,, —0— S.F. 0/6 —0— —0—
FLOUR BLUFF L ENCINAL FARM L
GARDEN TRACTS 1-3
10,97
.46
END PRO,IECJ '•�,'
. s
TOTAL ASSESSMENTS *8* 85,248.80 w
A.
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71
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SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the completion of
said improvements to be greater or less than the number of feet hereinabove
stated, the assessments herein set against any such property and against the
real and true owner or owners thereof, shall be, and the same are hereby
declared to be increased or decreased as the case may be, in the proportion
which said excess or deficiency or frontage shall bear to the whole number of
front feet of property actually improved in accordance with the front foot rule
or rate of assessment herein adopted, it being the intention that such parcel of
property and the real and true owner or owners thereof abutting on the portion
of the streets above described, within the limits defined, shall pay for said
improvements under the "FRONT FOOT RULE OR PLAN", which rule or plan is hereby
found and determined to be just and equitable and to produce a substantial
equality, having in view the special benefits to be received and the burdens
imposed thereby; and it is further ordained that upon final completion and
acceptance of said improvements on the aforesaid streets, within the limits
defined all certificates hereinafter provided for, issued to evidence said
assessments against said parcels of property abutting upon said street, and the
real and true owner or owners thereof shall be issued in accordance with, and
shall evidence the actual frontage of said property and the actual cost of said
improvements, the amount named in said certificate in no case to exceed the
amount herein assessed against such property unless such increase be caused by
an excess of front footage over the amount hereinabove stated, such actual cost
and such actual number of front feet, if different from the hereinabove shown in
Section 3 hereof, to be determined by the 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:
January 18, 1984, 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: January 18, 1984, 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 prior to completion of the aforementioned
improvements one additional public hearing shall be conducted by the City
Council to determine whether any adjustments need to be made to the assessment
roll.
SECTION 9. 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
22nd day of February, 1984.
ATTEST:
Ci Secretary
APPROVED:
DAY OF , 19 iV-:
Aycoc , City Attorney
4.V
MAY(
P.
CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
Aid day of
, 198
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,
MAYO
Council Members
THE CIT OF CORPUS CHRISTI, TEXAS
The above ordinance was passed,.y the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown.
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
18098