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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 GS:dl ( L ( ( ( ( ( (_ L e L 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, •k 5 , ' ( ( ( ( ( (_ L e L J c ( i C 1. 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. • t 71 5 ( C C ( C C L L 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