HomeMy WebLinkAbout19274 ORD - 04/22/1986AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREETS:
School Sidewalk Program, Phase II
Site 1. Norton Street, south side, replacement of 175
linear feet of deteriorated sidewalk abutting
Baker Junior High School, and
Site 2. Bear Lane, north side, construction of 357 linear
feet of sidewalk abutting West Oso High School,
and
Site 3. Mueller Street, south side, from Erwin Street to
Oak Park Elementary School, and
Site 4. Hilltop Road, northwest side, from Guess Drive to
Annaville Elementary School, and
Site 5. West Redbird Lane, south side, from Calallen Drive
to Cornett Drive and Cornett Drive, south side,
from West Redbird Lane 340 linear feet westward
abutting Calallen Junior High School, and
Site 6. Williams Drive, south side, from South Staples
Street eastward for 604 linear feet;
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 May, 1986, determined the
necessity for, and ordered the improvement of the following streets:
School Sidewalk Pro ram Phase II
Site 1. Norton Street, south side, replacement of 175
linear feet of deteriorated sidewalk abutting
Baker Junior High School, and
Site 2. Bear Lane, north side, construction of 357 linear
feet of sidewalk abutting West Oso High School,
and
Site 3. Mueller Street, south side, from Erwin Street to
Oak Park Elementary School, and
07P.026.01
i9274 MICROFILMED
Site 4. Hilltop Road, northwest side, from Guess Drive to
Annaville Elementary School, and
Site 5. West Redbird Lane, south side, from Calallen Drive
to Cornett Drive and Cornett Drive, south side,
from West Redbird Lane 340 linear feet westward
abutting Calallen Junior High School, and
Site 6. Williams Drive, south side, from South Staples
Street eastward for 604 linear feet;
in the manner and according to the plans and specifications heretofore approved
and adopted by the City Council by ordinance dated March 18, 1986, 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 March 18,
1986, 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 March 18, 1986, did order and set a
hearing to be held during the regular 2:00 p.m. City Council meeting on
April 15, 1986, in the City Council Chambers, City Hall, 302 South Shoreline
Boulevard, in the City of Corpus Christi, Texas, for the real and true owners of
the property abutting upon said streets, within the limits above defined, and
for all others owning or claiming any interest in, or otherwise interested in
said property, or any of said matters as to the assessments and amounts to be
assessed against each parcel of abutting property and the real and true owner or
owners thereof, and as to the special benefits to accrue to said abutting
property by virtue of said improvements, if any, or concerning any error,
invalidity, irregularity or deficiency in any proceedings, or contract, to
appear and be heard in person or by counsel and offer evidence in reference to
said matters; and the City Council did by said ordinance order and direct the
City to give notice of said hearing to the owners abutting upon said streets as
shown by the current ad valorem tax roll by mailing such notice to such owners
and publishing said notice at least three times in the Corpus Christi Times
before the date of the hearing, such notice of mail and by publication being in
compliance with the provisions of Article 1105b of Vernon's Annotated Civil
Statutes of Texas; and
07P.026.01 2
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 during the regular 2:00 p.m. City Council
meeting on April 15, 1986, in the City Cxouncil Chambers, City Hall, 302 South
Shoreline Boulevard, 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:
07P.026.01 3
OinUtes
Regular Council Meeting
April 15, 1986
Page 15
assessments for this portion would be $2,416; and the cost to the City would be
$3,684.
Council Member Slavik stated that it was her understanding that the School
District is considering the closing of Shannon Junior High School and will
definitely close Blanche Moore Elementary School. She questioned the need for
the sidewalk on Williams Drive.
Mr. Smith agreed,
construction of this
continuous sidewalk in
Mr. George called
Broker and Appraiser.
but reiterated that the staff is of the opinion that the
sidewalk on Williams Drive is necessary to provide a
the area.
as his next witness, Mr. George Paraskevas, Real Estate
Through questioning of the witness, Mr. George determined that Mr.
Paraskevas is a certified appraiser, licensed in the State of Texas, a certified
real estate broker, and he has been practicing real estate for 15 years. Mr.
Paraskevas stated that he has inspected all of the properties and they will be
enhanced in at least the amount of the assessment.
Council Member Mendez stated that this project is very much needed in that
some school bus routes are being eliminated and the children will be walking to
school.
There were no comments from the audience; a motion was made by Council
Member Mendez to close the hearing; seconded by Council Member Strong; and
passed by the following vote: Jones, Best, Berlanga, Mendez, Pruet, Slavik, and
Strong voting "aye"; McComb absent at the time the vote was taken; Guerrero
absent.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on two zoning cases.
A..lication No. 386-7, Mr. Jack A. Colmenero: For a change of zonin_
B" One -family Dwelling District to "B-1' Neighborhood Busine _ i strict
on Lot Block 6, Koolside Addition, located on the we de of Airline
Road, approx ::.tely 435' north of Kimbrough Drive.
Mr. Wenger stated that s propert :.erated under a special permit, but
since it has remained vacant for o'. a year, the permit is now void. He stated
that in response to the 2 .. ices m. -d, 4 were returned in favor; 1 was
returned in oppositio. -nd the Planning Comm _ ion and Planning Staff recommend
denial of "B- " and in lieu thereof, grant "AB" a special permit for the
sale o .stow stationery and a 17.36 square foot non -i minated freestanding
He stated that the applicant is agreeable to a special .....it.
inutes
Regular Council Meeting
April 15, 1986
Page 14
21. School Sidewalk Program, Phase II: From Norton Street (south side)
abutting Baker Junior High School; Bear Lane (north side) abutting West Oso
High School; Mueller Street (south side) from Erwin Street to Oak Park
Elementary School; Hilltop Road (northwest side) from Guess Drive to
Annaville Elementary School; West Redbird Lane (south side) from Calallen
Drive to Cornett Drive and Cornett Drive (south side) from West Redbird
Lane westward abutting Calallen Junior High School; and Williams Drive
(south side) from South Staples Street eastward 604 linear feet; providing
for assessments of $9,806.84 for the 14 items on the roll.
Mr. Hal George, City Attorney, called as his first witness, Mr. Gerald
Smith. Through questioning, Mr. George determined that Mr. Smith is a
Registered Engineer in the State of Texas and has been employed by the City of
Corpus Christi for 25 years. Mr. Smith testified that he has a degree in Civil
Engineering from the University of Texas at Austin, and verified that he is
familiar with the project.
Mr. Smith explained that this is a very small project; it was included in
the 1982 Bond Program; this program is designed to provide sidewalks on school
routes; and there are six locations proposed in this program.
Mr. Smith displayed transparencies of the areas involved; he stated that
two bids were received on the project; the low bid was in the amount of
$24,298.00; the project includes replacing a small section on Norton Street to
serve Baker Junior High School; a short section on Bear Lane to serve West Oso
High School; on Mueller Drive to serve Oak Park Elementary School; Hilltop Road
to serve Annaville Elementary School; a short section on Redbird and Cornett to
serve Calallen Junior High School; and sidewalk on Williams Drive.
Mr. Smith noted that the City Council had previously suggested that the
sidewalk on Williams Drive be deleted from this project since it serves Blanche
Moore Elementary School, which is scheduled to be closed; however, the staff is
recommending that this sidewalk be included in order to provide a continuous
sidewalk on at least one side of the street. He provided pedestrian traffic
counts which had been taken by the Traffic Department which indicated that there
is a need for this sidewalk.
Mr. Smith informed the Council that the assessment rate for the sidewalks
is $1.00 per square foot whereas the bid price is $2.75 per square foot;
fourteen property owners are involved in the project; and they have been
notified of their proposed assessment and of this hearing. He stated that the
contractor will have two and one-half months to complete the project, and the
owners may pay their assessment costs following completion of the construction,
or they may pay their assessments over a five-year period. Mr. Smith pointed
out that the sidewalks will provide a safe route for children going to and from
school.
Council Member Slavik inquired about the cost of the sidewalk on Williams
Drive, and Mr. Smith replied that the cost for this section would be $6,100; the
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.
07P.026.01 4
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:
07P.026.01
5
Final Assessment Roll
School Sidewalk Program, Phase II
Improvements
The School Sidewalk Program, Phase II project shall include sidewalk improve-
ments along the following streets:
Site 1. Norton Street, south side, replacement of 175 linear feet of
deteriorated sidewalk abutting Baker Junior High School, and
Site 2. Bear Lane, north side, construction of 357 linear feet of
sidewalk abutting West Oso High School, and
Site 3. Mueller Street, south side, from Erwin Street to Oak Park
Elementary School, and
Site 4. Hilltop Road, northwest side, from Guess Drive to Annaville
Elementary School, and
Site 5. West Redbird Lane, south side, from Calallen Drive to Cornett
Drive and Cornett Drive, south side, from West Redbird Lane
340 linear feet westward abutting Calallen Junior High School,
and
Site 6. Williams Drive, south side, from South Staples Street east-
ward for 604 linear feet.
These sidewalks shall be constructed of Class "B" - 2500 P.S.I. reinforced
concrete, 4' in width. Aluminum guard rails, 42" high, will be installed
along the sidewalk in the ditch area east of West Oso High School on Bear
Lane.
Based on the low bid prices submitted by T. Garza Construction Company and
the City's current assessment policy the assessment rate is as follows:
Item Bid Price Plus Engineering Assessment
Cost Rate
Sidewalk $2.75 S.F.
Total Bid Price
Final Assessments
City's Portion
GS/al
$1.00 S.F.
$24,298.00
10,006.84
$14,291.16
Gerald Smith, P.E.
City Engineer
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APRIL 22, 1986
,ITEM
NO.
PAGE 1
DESCRIPTION - TOTAL
:. OWNER AND QUANTITY OF AMOUNT"'
PROPERTY DESCRIPTION ASSESSED < `ASSESSMENT RATE - AMOUNT"" '-ASSESSED
ASSESSMENT ROLL CLOSING. HEARING
SCHOOL SIDEWALK PROGRAM
- PHASE TWO
BAKER JUNIOR HIGH
SITE 1
BEGIN NORTON ST
BEGIN STA. 3 PLUS 15
1 CORPUS CHRISTI INDEPENDENT 0- L.F.C.G.E PVMT.::�-0
SCHOOLDISTRICT w -0- '"L•F.C•G.E PYMT. ..p-
801 LEOPARD 78401 700.00 S.F. 5/N 1.00
BAKER JR HIGH SCHOOL 16.00 S.F. S/W EXT 1.00
175.00 L.F. S/W -0- S.F. D/14 -0-
700.00
16.00
-0
716.00
END STA 4 PLUS 90
END NORTON CONSTRUCTION
END SITE .1
WEST OSO HIGH SCHOOL
SITE 2
BEAR LANE, NORTH SIDE
2 =- WEST OSO INDEPENDENT
-0- LF. C.G.[ PYMT. O. 0=":y
SCHOOL DISTRICT -0- L F.C.G.0 PYMT. -0- -0-
5050 BEAR LN 78405 1.428.00 S.F. S/W 1.00 1,428.00
WEST OSO HIGH SCHOOL -0- 5.F. S/W -0-
LUL BEAk LN -0- S.F. DIN -0-
357.00 L.F. 5/W . -0- `.S.F. D/M .• -p-
END SITE 2
1,428.00,
END BEAR LANE
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APRIL 22, 1986
PAGE 2
:ITEM - OWNER AND
,I NO. PROPERTY DESCRIPTION
DESCRIPTION
QUANTITY,. OF ..
ASSESSED " ASSESSMENT RATE
TOTAL
--'..,
UNT-
AMOUNT- ' ASSESSED D-.
OAK PARK ELEMENTARY SCHOOL
SITE 3
MUELLER STREET
ER ST. TO OAK PARK SCH.
SOUTH SIDE ONLY
1 3 BRUCE C JOHNSON E
CHARLES BLANCHFIELD
LOT 85 BLK 2
-
-0- L.F.C.G.E PVMT. -0-
-0- L.F.C.G.E PVMT. -0-
771.20 S.F. S/W 1.00
-0-�
-p-
771.20
WOODLAWN 2
192.8 L.F. S/W
,:
-0- .S F. S/W -0-
0- S.F. D/W _p-
-0- S.F.'D/W
-0-.
--0-
771.20
4 MAY C. REBA ,
•rBOX 3759 - s.
" 5INTON TX 77476
-0- " L.F.C.G.E PVMT. 0-
-0-:. L. F.C.G.E PVMT.. -0-
- 200.00 S.F. S/W -" 1.00
-p- 4
-p-.. _ I
200.00 M
LOT 8C BLK 2
NOODLAWN 2
,df LOC 3759 MUELLER
-0- S.F. 5/W -0-
-0- S.F. D/W -0-
-0- S.F. D/14 -0-
-0_
-0-•
.
0 M
50 00 L.F. S/W
200.00 •
. 5 SOTERO P. ALVARADO
3749 MUELLER 78408
-0- L.F.C.G.E PVMT. -0-
-0- L.F.C.G.E PVMT. 0
-0_ :
LOT 8D 8LK 2.
; WOODLAWN 2,,i; -.
..;r..v 50.00. L.F.. S/W Y •'
200.00 S.F. 5/ 1000-
..
_0- `.S F. 5/14 14 . p
- 200.00 M
_ .:. M
_p_ x',n,r .•. L.. ' ,
-0- S.F. D/W -0-
-0-
200.00
. " 6 CIRILO H ALVARADO
• 3745 MUELLER 78408
0 .'L.F.C.G.E PVMT. '-0-
-0- ' L.F.C.G.E PVMT.-0-
--.
LOT 8E 8LK Z
W000LAWN 2
50.00 L.F. 5/W
200.00 S.F. S/W 1.00
---0- S.F. S/W 0
-0- S F D/W -0-
200.00
0
0
+°
°'9F , s 1200.00.•II
•i
e
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APRIL 22. 1986 PAGE 3
- DESCRIPTION TOTAL
,ITEM .,,`,OWNER AND QUANTITY , OF AMOUNT
,NC. PROPERTY DESCRIPTION `.ASSESSED ASSESSMENT ..RATE AMOUNT ASSESSED :'.
7 KIRK: E. CAMPBELL -0- - L.F.C.G.EPVMT. -0- -0-.
- ° 1315: CAMBRIDGE 78415 -0- '. L.F.C.G.E PVMT. -0-
LOT 8G SLK 2 ' - 400.00 S.F. S/W 1.00 400.00
NOODLAWN 2 -0- S.F. S/W -0- -0-
100.00 L.F. S/W -0- S.F. D/W -0- -0-
-0- S.F. 0/W -0- -0-
,r 400.00. ,
8 CORPUS CHRISTI INDEPENDENT -0- L.F.C.G.E PVMT. -0-
SCHOOL DI57RICT -0- L.F.C.G.E PVMT. -0- -0-
801 LEOPARD 78401 80.00 S.F. 5/W 1.00 80.00
UAK PK ELEMENTRY ,_
20.00 L.F.'S/W -0-,C S.F. D/14 ,-0- -0-.:. , - ,. `' u
,.. -0-=S.F.D/N-0- -0- P
80.00 v
OAK PARK ELEMENTARY
- END MUELLER ST
' - END, .SITE 3
ANNAVILLE ELEMENTARY SCHOOL
SITE 4
tr +� • .
HILLTOP ROAD
GUESS DR., TO WEST TO STA. 3.30
BEGIN NORTH SIDE
9 NUECES COUNTY " -0- ,L F.C.G.0 PVMT. -0-
JUDGE ROBERT N BARNES -0- 1.F.0.8.0 PVMT. -0- -0-
901 LEOPARD 78401 636.00 S.F. S/W 1.00 636.00
PORTION SHARE 4 -0- S.F. S/W -0- -0-
HART PARTITION =, -0- S.F.:'D/14
159.00 L.F. S/W ' -0- :i S.F. D/W
„
:._ 636.00::
10 CALALLEN INDEPENDENT SCHOOL -0- 1.F.0.0.0 PVMT. -0- -0- �`
DISTRICT ' , -0- •L.F.C.G.0 PVMT. -0- -p-,...
4205 WILDCAT 78410 768.00 S.F. S/W ' 1.00
768.00 ` i
ANNAVILLE ELEMENTARY
LOC 3901 HILLTOP RD -0- S.F. D/W -0- _0- '"
192.00 L.F. S/W -0- S.F. D/W -0- 7-0- '°I
768.00 ,
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APRIL 22, 1986 PAGE 4
DESCRIPTION TOTAL
( ,,ITEM OWNER AND- " QUANTITY :OF AMOUNT
NO. PROPERTY DESCRIPTION - ASSESSED'ASSESSMENT RATE AMOUNT ASSESSED
( ,
3 (
(
(
STA 3.30
END HILLTOP ROAD
END SITE 4
CALALLEN JR HIGH SCHOOL
SITE. 5
WEST REDBIRD LANE
CORNETT DR TO CALALLEN DR
SOUTH SIDE
11 JESSIE I.`HILL"
13401 W REDBIRD 78410
LOT 1 BLK J
RIVER FOREST ADDN
104.00 L.F. S/W
-0-. L.F.C.G.0 PVMT. -0-
- 0- L.f.C.G.0 PVMT. -0-
416.00 S.F. S/W 1.00
-0- S.F. S/W -0-
-0 S.F. D/W
-0- Y.F. D/W
-0-
-0-
416.00
-0-
12 A.B. AULT ET UX
13401 W REDBIRD 78410 ,.;.'
LOT 2BLK J
RIVER FOREST ADDN
- 0- L.F.C.G.0 PVMT.
•
416.00'.
PVMT. -0-
415.64S.F. S/W -. ;.415.64 .
103.91 L.F. 5/W -0- S.F. D/W -0-
- 0- S.F. D/W -0-
CALALLEN. DRIVE
END N REDBIRD
END SOUTH SIDE
415.64
CORNETT DRIVE
W REDBIRD, SW TO STA 3.65
13 CALALLEN INDEPENDENT SCHOOL
DISTRICT
4205 WILDCAT 78410
CALALLEN MIDDLE SCHOOL
LOC 4602 CORNETT
340.00 L.F. S/W
SN SIDE ONLY
- 0- L.F.C.G.0 PVMT..:-0-
PVMT.
1,360.00 S.F. S/W • - 1.00. - "1.360.00
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
- 0- S.F. D/W -0- -p-
1,360.00
r-.
APRIL 22, 1986 PAGE 5
DESCRIPTION ; TOTAL
( :ITEM „ OWNER AND QUANTITY OF AMOUNT
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT • ASSESSED
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STA. 3.65
END CORNETT DR
END SITE 5
LIIAM DRIVE SIDEWALK
SOUTH STAPLES EASTWARD 604.00LF
BEGIN SOUTH SIDE
14 CORPUS CHRISTI JOINT
LAND VENTURE
C/0'PROPERTY-TAX SVC
BOX 8808 18412
'LOT 1 BLK 4 (1.25 ACS)
GLEN ARBOR 84
604L.F. S/W
- 0- L.F.C.G.S P9MT. -0-
- 0- PVNT. -0-
2,416.00 S.F. S/W
- 0- S.F. S/W
- 0- ^.5.F. D/W.
1.00
-0-
-o-
-0-
-0-
2,416000
- 0- S.F. D/W -0- -0-
END SOUTH SIDE
2,416.00
END WILLIAMS DRIVE
END PROJECT
TOTAL ASSESSMENTS "'*0* 10,006.84
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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 nine and twenty-four
one -hundreds percent (9.24%) 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: March 18, 1986, 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
07P.026.01 6
acceptance thereof by the City, and the balance to be
paid in 119 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 nine and
twenty-four one -hundreds percent (9.24%) 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: March 18, 1986, and shall provide in effect that if default
07P.026.01 7
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
07P.026.01 8
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 April, 1986.
ATTEST:
City Secretary
APPROVED: AY OF APRIL, 1986
07P.026.01 9
MAYOR
THE CITY
F CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
day of
•
, 1986
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,
Council Members
MAYOR
THE C Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
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