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Home My WebLink About18105 ORD - 03/07/1984fi AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Cole Street, from Ocean Drive to Santa Fe Street; 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 25th day of January, 1984, determined the necessity for, and ordered the improvement of the following streets: Cole Street, from Ocean Drive to Santa Fe Street; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated January 25, 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 25, 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 January 25, 1984, did order and set a hearing to be held at 3:00 p.m. on the 22nd 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 18105 SFP 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 22, 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: 2 iinptes Regular Council Meeting February 22, 1984 Page 14 19. ORDINANCE NO. 18099: AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, BY INCREASING THE NUMBER OF APPOINTED MEMBERS OF THE BUSINESS DEVELOPMENT COMMISSION FROM NINE TO TEN AND BY ADDING TWO EX -OFFICIO MEMBERS - THE PRESIDENT OF CORPUS CHRISTI STATE UNIVERSITY AND THE PRESIDENT OF THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". 20. (This ordinance was withdrawn by Deputy City Manager Ernest Briones.) 21. (This ordinance was withdrawn by Deputy City Manager Ernest Briones.) 22. THIRD READING - ORDINANCE NO. 18100: AUTHORIZING APPROVAL OF THE LEASE AGREEMENT WITH GULF COAST AVIATION, INC. FOR THE DEVELOPMENT OF A 7.18 ACRE TRACT TO PROVIDE GENERAL AVIATION SPACE FOR A 20 (TWENTY) YEAR PERIOD. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Jones, Guerrero and Mendez, "absent". A motion was made by Council Member Kennedy that the assessment hearing scheduled for 3:00 p.m. be considered at this time; seconded by Council Member Brown; and passed unanimously. Mayor Pro Tem Turner announced the assessment hearing on the following subject: Cole Street Improvements Project providing for assessments of $32,196.01 for the 14 items on the roll. Assistant City Manager Lontos informed the Council that this project is a voluntary paving street project and it is included in the 1982 Street Bond fund. He stated that the City Attorney would conduct the formal portion of the public hearing. City Attorney Aycock called as his first witness, Mr. Gerald Smith, P.E., City Engineer. Through questioning of Mr. Smith, Mr. Aycock determined that he is a registered engineer in the State of Texas and that he has been employed by the City of Corpus Christi for twenty-five years. He verified that a copy of Mr. Smith's qualifications in resume form is on file in the City offices. inutes , aegular Council Meeting February 22, 1984 Page 15 Mr. Smith testified that he is familiar with this project and the project includes improvements to Cole Street from Santa Fe Street to Ocean Drive. He stated that plans were prepared in the City Engineering offices and the plans are to construct a 28 -foot wide street with the laying of a standard 6" curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 1-11" Type D hot -mix asphaltic pavement. He stated that the existing right-of-way is 6 -feet wide and a 4 -foot wide reinforced concrete sidewalk will be installed on both sides of the street six feet off the property line. He stated that a new water line will also be installed and 200 feet of sewer line will be constructed as a bypass to provide better service. Mr. Smith stated that bids on this project were received January 11, 1984 and the low bid was that submitted by Ibanez Construction Company at a price of $97,794. Mr. Smith then explained the assessment rate as follows: Commercial property: 6" curb, gutter & pavement - $19.50 per linear foot; Sidewalk: $1.00 per square foot; Driveways: $2.86 per square foot. Residential property will be assessed as follows: 6" curb gutter & pavement - $9.75 per linear foot; Sidewalk: $1.00 per square foot; and Driveways: $2.86 per square foot. He stated that the total preliminary assessment roll is $30,693.93. Mr. Smith explained that the assessments will not be due until the completion of the project, at which time, the property owners may pay in cash or in monthly installments for a five-year period at an interest rate of 8% or in case of a hardship, the payments may be extended over a ten-year period. He stated that the contractor will have 40 working days to complete the street improvements, or approximately two months. Mr. Smith called attention to copies of two petitions that were received on this project -- one dated November 22, 1983 in which the property owners request that the sidewalk construction adjoin the curb to eliminate encroachment into the property yards; and the other dated February 18, 1984 which again requested that the new sidewalk be laid abutting the new street curb. Mr. Smith stated thct the Staff recommends the six-foot line because of the wide right-of-way, noting that they do not think that a sidewalk should be poured adjacent to the curb because it would be unsafe for pedestrians. Mr. Smith also informed the Council that there are many trees on the street and it is the policy of the City to save as many as possible and this policy will be in effect during this street construction. Council Member Slavik inquired if the Staff had met with the property owners, and Mr. Smith explained that on November 1, 1983, they had a meeting in the Council Chamber which was attended by five of the fourteen property owners. He explained that since there is sixteen feet of right-of-way, the Staff still recommends that the sidewalks be located six feet from the property line and they object to placing the sidewalk adjacent to the curb because it is more dangerous and it gives the neighborhood a commercial look. Council Member Slavik indicated that she agreed with the Staff's plan for the sidewalks. Mihutes'. Regular Council Meeting February 22, 1984 Page 16 City Attorney Aycock inquired if the drainage in the area will be imiroved through this street reconstruction, and Mr. Smith replied that it would. He explained that they intend to install a new underground storm sewer with catch basins, etc. City Attorney Aycock called as his next witness Mr. George N. Paraskevas, CRB, ICA. Through questioning of the witness, Mr. Aycock ascertained that he is qualified to testify because of his experience as a real estate appraiser and broker and stated that he has a copy of his qualifications in resume form on file in the City offices. Mr. Paraskevas testified that he felt that all of the property will be enhanced at least in the amount of the assessment and he was of the opinion that the sidewalk should be placed six feet from the property line. Council Member McComb referred to the recent petition submitted by these residents and noted that they had suggested that the condition of the sewer and drainage lines be evaluated before the street is reconditioned. Mr. Smith explained that this is an older part of the City; the sanitary sewer lines are in the easement; and drainage crosses Cole Street. He explained again that the City will install an interconnect line to help improve the sewer system. Mr. Lontos further explained that the problem in this area is that there are many large trees and roots have grown into the sewer lines. He expressed the opinion that if they are not obstructed by roots, the lines will be in acceptable condition. Mayor Pro Tem Turner called on members of the audience to speak at this time. Mrs. Catherine Countiss, who resides at 1802 Third Street with property siding on Cole Street, referred to the sewer line. She explained the location of she sewer line as it extends to serve the property. She informed the Council that during very rainy weather, the sewer lines overflow and she hopes that the City will correct this problem. Mr. Lontos assured Mrs. Countiss that the Staff is aware of that problem and they will investigate it. He assured the Council that the Staff always tries to complete utility work before the street reconstruction and they will do this as much as possible on this project. He reiterated that this is a very old subdivision and they are not sure about the location of all of the utility lines. Mr. John Brooke, Attorney, stated that he owns property facing on Cole Street at its intersection with Ocean Drive. He stated that it is rental property and he has owned it for many years, He expressed the opinion that if this project is completed with the sidewalks attached to the curb, the value of _nutes .,egular Council Meeting February 22, 1984 Page 17 the property will be increased. Mr. Brooke stated that he would like to request two items: (1) that the sidewalks be constructed adjacent to the curb; and (2) when necessary, that the sidewalks be made more narrow to avoid destroying the beautiful old trees on his property. He pointed out also that there are not many pedestrians in the neighborhood. Mr. Laurell Thatcher, 118 Cole Street, pointed out that most of the houses are built near the street and in his opinion, installing sidewalks six feet from the property line would place them too close to the houses. Mayor Pro Tem Turner inquired if there is any precedent for constructing sidewalks adjacent to the curb, and Mr. Smith replied that the only places that the City has done so is when the City does not have enough right-of-way and in some commercial areas. He pointed out that this is not a commercial type of development. He explained that the distance the sidewalks will be from the houses varies from ten to twelve feet to as far back as twenty feet. He pointed out to the Council that the City places sidewalks one foot off the property line and in this case they are recommending that they be installed six feet off the property line which is a much greater distance than usual in residential areas. Mrs. Gertrude Thatcher, 118 Cole Street, stated that the sidewalks as planned will be within four feet of her living room. No one else spoke in regard to these assessments. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Brown and passed unanimously. Council Member Kennedy stated that he is familiar with this area and he would like for the Staff to consider installing the sidewalks next to the curb because he felt that there was very little pedestrian traffic. A motion was made by Council Member Kennedy that the plans for Cole Street imp'-ocements be changed to install five-foot wide sidewalks adjacent to the curl_ The motion was seconded by Council Member Brown and passed unanimously. Mayor Pro Tem Turner announced the public hearing on the following street closing: Closing Blucher Street from Carrizo to Tancahua Streets. The new library is proposed to be constructed in this portion of Blucher Street with considerable relocation work being necessary to accommodate this building. 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 3 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: 4 FINAL ASSESSMENT ROLL COLE STREET SANTA FE STREET TO OCEAN DRIVE This project shall include improvements to the following street: Cole Street, from Santa Fe Street to Ocean Drive. This street shall be constructed by excavation to a width and depth to permit the laying of a standard 6" curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 11" Type "D" Hot Mix Asphaltic pavement. The street will be 28' wide within the existing 60' wide right-of-way. There will be 4' wide reinforced concrete sidewalk and 6" thick reinforced concrete driveways 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 submittted by Ibanez Construction Company, the assessment rates are as follows: 28' Wide Street, BOC GS:dl Bid Price Assessment Rate (Plus Engineering Cost) 6" Curb, Gutter & Pavement $25.28 L.F. $19.50 L.F. Sidewalk $ 2.16 S.F. $ 1.00 S.F. Driveways $ 2.86 S.F. $ 2.86 S.F. Residential Property, Churches & Schools 6" Curb, Gutter & Pavement Sidewalk Driveways Total Bid Price Final Assessments City Share 1 $97,794.00 27,823.68 $69,970.32 Gerald Smith, P.E. City Engineer $9.75 L.F. $1.00 S.F. $2.86 S.F, FEBRUARY 29, 1954 PAGE 1 ITEM N0. • OWNER AND - PROPERTY DESCRIPTION DESCRIPTION QUANTITY OF - ASSESSED ASSESSMENT - RATE AMOUNTASSESSED . . TOTAL AMOUNT -' • ASSESSMENT ROLL CLOSING HEARING COLE STREET OCEAN DR TO SANTA FE 6E011. NORTHWEST SIDE 1 CHARLES H CAMPBELL - 114.76 L.F.C.G.E PVMT. 19.50 2,237.82 1712 SANTA FE 76404 LOT 30 BLK 7 DEL MAR ADC+, -u- L.F.C.G.E PVMT. -0- 421.06 S.F. 5/W 1.00 -0- S.F. S/5 -0- -0- 431.06 -0- . A8, 2 RES UNITS . - ' fk •, a ,. .. ::+ 130.24 S.F. D/W 1-251 2.86 -0- , S.F. D/W -0- ... 372.49 -0- - .a 3,041.3 2 MARY G. TISHENBANNER 114.76 L.F.C.G.E PVMT. 19.50 2,237.82 .ti..` • . ... 173 3RD 78404 ., „: ,;LOT 1 BLK07-;.':>•.;;;";-`� tg. .DEL MAR AODN - - •• _ -0- L.F.C.G.E PVMT.-0- 506.06 S.F. S/W ' as"' .-,' 1.00 - .• -0- ' S.F. S/W -0- -0- 506.06 -0- ,= ..-a« AE, l RES UNIT 02.74 S.F. D/W 1-10T 2.86 -u- S.F. D/W -0- 179.44 -0- 2,923.3 i• r gyp, N'b'`11 e' r= ,y,7. ,, k `i" + '!. "' 1'' e- ` ;. ,' ..:°''.:tea;, - .3RD STREET INTERSECTS • •• ^ - •^ '.- 1 ,. v,'v,,.vi• 3 SPOHN HOSPITAL 114.76 L.F.C.G.E PVMT. 19.50 2,237.82 ._„ - '1 „600,-ELIZABETM 76404 . LOT 24•BLK 6 DEL MAR ADDN -C- . L.F.C.G.E PVMT. -0- _ . ,.'506.06 S.F. 5/W -• ;F. • ; 1.00 A " ' -0- S.F. 5/8 '' -0- _- -0- . 506.06 • - '� A-1 02.74 S.F. 0/W 1-10T 2.80 -0- S.F. 0/W -0- 179.44 -0- 2,923.3, 4 MGR. SISTERS CHARITY 114.76 L.F.C.G.E PVMT. 19.50 • - 2,237.82 1-.20 3RD 754(4 LIT 1 oLK 6 GEL MAR ADUN -C- L.'r.C.6.0 FVM1. -0- -, o.Co S.F. S/6 1.00 -C- S.F. S/W -0- -0- 486.06 - ' A-1 60.74 S.F. D/W 1-141 2.66 -0- S.F. D/W -0- 230.92 -0- 2,954.81 a C FEERUARY 29, 195' PAGE c ITEM OWNER AND NO. PROPERTY DESCRIPTION DESCRIPTION , CUANTITY OF - ASSESSED ASSESSMENT RATE - AMOUNT - - TOTAL AMOUNT ASSESSED END SI6 E INTERSECTS . LURELL THATCNt 116 COLE 78404 LOT 1 ELK o 154.vo L.r.L.6.6 PVMT. 9.15 -G- L.-.C.G.& PVM1. -0- o02.0C S.F. S/W 1.00 1,500709 -0- 602.00 DEL MAR ADDN R-2, 2 RES UNITS _ * S/W EXT i 33.06 S:F7-S7W 1.60 _ 94.74 S.F. 6/W 1-140 2.86 -0- S.F. D/W _ -0- 33.00 270.96 -0- 1--53.611 20.00 L.F.C.G.0 PVMT:-O- -0- L.F.C.G.0 PVMT. -0- 100.00 S.F. S/W -0- -6- -0- -C- [r • .r. V ALLEY BLOCK 5 -0- S.rrS/w -U- 65.44 S.r. 0/9 1-151 -0- -0- S.F. 0/W -0- -0- -0- -0- • 6 JOHN C. EROOK PO BOX 3625 78404 LOT 4 BLK 4 v. 2E.0L L.F.L.,.0 PVMT. 19.6C -0- L.F.C.G.0 PVMT. -0- 781.00 S.F. 5/W 1.00 4.. , 785.00 .,,- BAY FRONT TERRACE 8-1, 6 RNTL UNITS '-' ,. OCR EXST C,G 0 P,147LF -0- S.F. 5/W-0- - -0- S.F. D/W - -0- 1 -0- S.F. D/W - -- -0- -0- r 3 . - - _ OCEAN DRIVE ENO COLE STREET END NORTHWEST SIDE - COLE STREET F_ SANTA FE TO OCEAN MITE BEGIN SOUTHEAST SIDE • p 7 WARNER K HA511660 S lo01 SANTA Fc 7£464 11'..76 L.F.C.G.0 PVM1. 4.68 -6- L.F.C.G.0 PVM1. -0- _ 560.03 _-C- 253.03 ----- -0- 179.44 ___,, p 1` 992.50 1-01-8-131K C W LESLIE EVANS 5-16,1 RES UNIT 506.Do S F. S/9 .50---- -0- S.F. 5/W -C- 62.74 S.F. 0/W 1-101 2.86 -0- o.r. 6TW -0- -0- e C 1 FE,ROARY 29, 1.84 PAGE ITEM OWNER AND NO. PROPERTY DESCRIPTION DESCRIPTION QUANTITY OF ASSESSED ASSESSMENT RATE AMOUNT TOTAL AMOUNT ' ASSESSED I 8 JAMES H. STWILL 114.7o L.F.G.G.L PVMI. 4.88 560.03 S 1601 3RD 78404 -0- 0.F.0.6.6 PVMI. -0- -0- LOT9 8LK C 506.06 S.F. S/W .50 253.03 , 9 LESLIC EVANS -0- S.F. S/4 -0- -C- 9-18,2 RES UNITS 107.74 S.F. 0/w 1-307 2.66 306.14 -0- S.F. 0/w -0- _ -0- 1,121.2 3RD STREcf INTERSECIS 9 CATHERINE CLARK COUN1I51 114.76 L.F.C.G.L PVMT. 4.88 560.03 . 5 144 DEL MAR 78404 -0- 5.F.0.0.1 PVMT. -0- -0- LOT 8R BLK 0 506.06 S.F. S/W .50 253.03 4 LESLIE ESANS -0- S.F. S/W -0- -0- R-IE, 1 RES UNIT 107.74 S.F. 0/8 1-207 2.86 308.14 -0- S.F. 0/W -0- -0- ., - 1,121.2 10 7SCAR W. URBUN ET UA 114.76 L.F.0.0.0 PVMI. 19.50 2,237.82 1801 2ND 78404 -0- 5.5.5.0.6 PVMI. -0- -0- LCT 9 BLK 8 466.60 S.F. 1/8 1.00 4E8.60 W LESLIE EVANS ..- S.F. 5/W -0- -0- " 0-1, 1 RES UNIT _-0- 94.24 S.F. 0/8 1-177 - 2.86 269.53 • ' - " '• .. ,. _ . -0- S.F. D/W•t' 2,996.1 11 THOMAS 8 MC NALLY 114.76 L.F.C.G.E PVMT. 19.50 2,237.82 121 COLE 78404 -0- L.F.C.G.0 PVMT. -0- ' L07 14 BLK A 431.06 S.F. S/W - 1.00 431.06 W LEESLIE EVANS -L- S.F. S/W -0- -0- A-1, 2 RES UNITS 130.24 S.F. U/W 1-257 2.66 372.49 -0- 5.F. 0/9 -0- -0- • 3,041:31 13 H.8. STU46, TFUSTE, 115 COLE 7141' LCT 15 ELK A 54.50 0.5.0.4.4 5851. 19.50 1,05300 -C- 1.5.1.6.6 rVMT. -0- ,03.21 S.E. S/W 1.00 202.26 W LESLIE EVANS 8-1, 1 RES UNIT -0- S.F. 5/W -0- -0- 8 .74 S.F. U/W 1-100 1.86 179.44 -0- S.F. 0/W -0- -0- C Lr 1,434.70 C - r FtERUARY 29r 19£4 PAGE 4 ITEM NO. OWNER AND PROPERTY DESCRIPTION DESCRIPTION QUANTITY OF ASSESSED ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 15 UUKIHFIIHS J WELLtR 113 COLE 78404 N 143.75' LOT 6 ELK A 54.00-C.F.C.G.i-FVMT:7-19 3 l -0- L.F.C.G.L PVMT. -0- 202.26 S.F. S/W 1.00 O5e.80 -0- 202.26 -0- 179.44 -C- W LEbUTE EVANS A-1. 1RE5 UNIT -i,- Or. b/w -0- oc.7-. S.F. 1/9 1-101 2.86 -U- S.F. D/W -0- 1,434.7 14 F.M. THOMASUN C/3 JOHN H TH3MAS3N 2524 LEOPARD 79408 16.l6 L.F.C.G.L YVMT. -0- -0- L.F.L.G.E PVMT. -0- 21.00 S.F. S/W 1.00 -C- -0- 20.00 ' ' LOT 1 C -N '.T57-7 LOT BLK Al W LESLIE EVANS 0-1, 5 RNTL UNITS "• 2 ' • -0- S.F. S/W -6- -G- S.F. D/W -0- -0- S.F. D/W -0- -0— -0- -0- ❑CR ExEI IM?lIS 20.0 w -e.., . ,. OCEAN DRIVE -''T J' END COLE STREET _ END SDLThEASI SIDE Fi r-e.z•- EN U PKOJECI . _ - -• . ry -•, • . TOTAL ASSESSMENTS ass 27,823.6 c c ( ILL 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 25, 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 5 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. 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. provided, however, that in order for the owners of said property to avail themselves of Option "2" or "3" above, they shall be required to execute an agreement providing for such payments and 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. 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 25, 1984, and shall provide in effect that if default 6 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 7 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 7th day of March, 1984. ATTEST: T- ec retary A ROVED: DAY OF rio ,,,(A 1qY . J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 8 Corpus Christi, Texas 17441 day of )91610.1 , 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, MAY Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed b 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 18105