HomeMy WebLinkAbout19318 ORD - 05/20/19869.027
AN ORDINANCE
CLOSING THE HEARING ON ALLEYWAY IMPROVEMENTS FOR THE
FOLLOWING ALLEY:
Gray Village Addition Alley,
Northrtof ofyBlock and TV for 300elinIII
feet behind Omaha App
properties;
FIXING
AND CHAGE,
DECL ARINGHE ANMANNER D TIME OF PAYMENT
EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved on the 15th day of April, 1986, d t l ey ned the
necessity for, and ordered the improvement of the following public
Gray Village Addition Alley, North of BlockTVoCha 300
n linIII
feet behind Omaha Appliance Company
andproperties;
cifications
andt adopted rbyad n the cCityn C un ilto e byans nd ordinancee dated tAprilheretofore
15, 1986, approved 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
per front sfoottproposedetoo
be oassessed magainstn the ts nproperty d tabut abues of tting amount
cstf such upon a
portion of the aforesaid streets within the limits herein defined, to be
imroved,heretofore and fil dthe
saidl estal imates and true owner
a statement and
of other Cit
mattersineer has
relating
theretosa d
with
said
City
Council,and same has been received, examined and
approved
and
WHEREAS, said City Council, by duly enacted ordinance dated April 15,
an
the6 costd ofe constructing n said �improvementsn on the sabovennamed street for that portion
dtermine the of streets, within
the
h
t
r
true lownershthereof, fanddbytoo rdinanced dated eApril 15, 1986, didaordereandasetana
d
hearing to be' held at 2:00 p.m. on the 13th day of May, 1986, in the Counfor
cil
themreal�and true ow e0rs of CitHall, 32 S.Sthe horeproperty abutting upon line, in the City of osaid streets, wrus Christi, ithin 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
assssmntsandethee
realandandatruetownermouns tobor owners thereof, t and as to the special �benefitr
e assessed each sto
accrue to said abutting propertY by virtue of said improvements, if any, or
concerning any error, and ibetheardrinuperson or by or deficiency
in andnoffercevidence
or referent, to appear
in reference to said matters; and the City Council did by said ordinance order
19318 MICOVI MED
•9.027
•
and direct the City to give notice of said hearing to the owners abutting upon
said streets as shown by the current ad valorem tax roll by mailing such notice
to such owners and publishing said notice at least three times in the Corpus
Christi Times before the date of the hearing, such notice of mail and by
publication being in compliance with the provisions of Article 1105b of Vernon's
Annotated Civil Statutes of Texas; and
WHEREAS, such notice was given said owners of property as shown on the
current ad valorem tax roll within the limits of the streets being improved by
mailing such notice at least fourteen (14) days prior to the hearing to such
owners and by publishing three times notice of such hearing in the Corpus
Christi Times, the first of which publication was at least twenty-one (21) days
prior to the date of said hearing; both forms of notice being in compliance with
and containing the information required by Article 1105b, Vernon's Annotated
Civil Statutes; and
WHEREAS, after due, regular and proper notice thereof, all as provided
by law and the Charter of the City of Corpus Christi, said hearing of which
notice was given, was opened and held on May 13, 1986, in the Council Chambers,
City Hall, 302 S. Shoreline, 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
May 13, 1986
Page 12
24a. Resolution withdrawn - See page 8.
24b. RESOLUTION NO. 19312
CONFIRMING THE APPOINTMENT BY THE CITY COUNCIL, PURSUANT TO THE
ARTICLE III, SECTION 1, OF CRAIG A. McDOWELL AS CITY MANAGER;
EMERGENCY.
CHARTER,.
DECLARING AN
The Charter Rule was suspended and the Resolution passed .s follows: Jones,
Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye". Mendez absent at the
time the vote was taken; Best and Strong absent.
* * * * * * * * * * * * *
Mayor Jones called for consideration of ordinance 25, prohibition of
smoking in certain buildings.
Mr. Dee Haven, 1702 Tuloso, representi the Restaurant Association, stated
that in its present form, the Association s in agreement with the ordinance.
Mr. Philip Rosenstein, 949 Bobal., referred to the dangers of second-hand
smoke. He commended the Council for .assing this ordinance.
Dr. William Burgin, 4950 0. •.ont, stated that this is a very important
ordinance, but he feels it ould be stronger. He then gave statistics
regarding the deaths associ- ed with smoking, and thanked the Council for
considering this ordinance.
City Secretary Cha.: polled the Council for their vote on the ordinance as
follows:
25. FIRST READING
AMENDING CHAPT 23, HEALTH AND SANITATION, BY ADDING SECTION 23-74, SMOKING
PROHIBITIONS, 'F THE CITY CODE, TO PROTECT CITIZENS BY PLACING RESTRICTIONS ON
SMOKING WI 'IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND
PROVIDING OR PUBLICATION.
The O.:inance was read for the first time and passed to second reading as
foil. s: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye";
Me.:ez absent at the time the vote was taken; Best and Strong absent.
* * * * * * * * * * * * *
Mayor Jones announced the assessment hearing for the paving of the public
alley abutting Lot 2-B and Lot 3, Block 3, Gray Village Subdivision.
City Attorney Hal George called as his first witness Mr. Gerald Smith.
Through questioning, Mr. George determined that Mr. Smith is a Registered
•
Minutes
Regular Council Meeting
May 13, 1986
Page 13
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 this project.
Mr. Smith then provided background information relating to the alley and
located the area on a transparency. He stated that the Council decided the
alley should not be closed; the owners were going to have the alley paved, but
they took no action to accomplish this; the City will now have the alley paved
and assess the property owners. He stated that the two property owners
involved, Omaha Company and Channel 3, have been notified of the assessments and
the hearing. He stated that Channel 3 will be assessed $4,546 and Omaha Company
$1,577.52, which represents 905 of the cost of paving the alley.
In response to a question from Mayor Jones, Mr. Smith stated that the City
would be responsible for maintenance of the alley.
Mayor Jones stated that Mr. Bob White of Channel 3 had asked about the
possibility of installing a speed bump in the alley, and Mr. Smith explained
that there is no problem in installing a speed bump, but it must be done
according to City standards with a sign warning drivers of its existence.
Council Member Berlanga inquired about the drainage, and Mr. Smith replied
that the alley has good drainage which flows to each side of the alley.
City Attorney George called as his next witness, Mr. Jesus H. Garcia, real
estate appraiser. Mr. Garcia provided extensive background information on his
qualifications in this capacity, stating that he has performed appraisals for a
large number of governmental entities.
Mr. Garcia testified that he is familiar with this project and expressed
the opinion that the properties listed on the assessment roll will be enhanced
at least in the amount of the assessment.
There were no comments from the audience; a motion was made by Council
Member Slavik that the hearing be closed; seconded by Council Member Guerrero;
and passed unanimously.
Mr. Smith stated that the ordinance would be on the agenda next week and
the contract for paving would be done by change order to a contractor
constructing another City project.
•99.027
•
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.
199.027
•
SECTION 2. That said City Council hereby finds and determines upon
the evidence heard in reference to each and every parcel or property abutting
upon the aforesaid streets, within the limits defined, that the special
benefits in the enhanced value to accrue to said property and the real and
true owner or owners thereof, by virtue to the construction of said
improvements to said portion of said streets upon which said property abuts,
will be in excess of the amount of the cost of said improvements as proposed
to be, and as herein assessed against said abutting property and the real and
true owners thereof, and finds that the apportionment of the cost of said
improvements, and that all assessments hereinbelow made are just and
equitable and produce substantial equality considering the benefits received
and the burdens imposed thereby, and are in accordance with the laws of the
State of Texas, and the Charter provisions of the City of Corpus Christi,
Texas, and that the proceedings and contract heretofore had with reference to
said improvements are in all respects regular, proper and valid, and that all
prerequisites to the fixing of the assessment liens against said abutting
properties, as hereinabove described and the personal liability of the real
and true owner or owners thereof, whether named or correctly named herein or
not, have been in all things regularly had and performed in compliance with
the law, Charter provisions and proceedings of the said City Council.
SECTION 3. That in pursuance of said ordinance, duly enacted by said
City Council, authorizing and ordering the improvements of the above described
street, within the limits defined, and in pursuance of said proceedings
heretofore had and enacted by said City Council, in reference to said
improvements and by virtue of the powers vested in said City with respect to
said street improvements by the laws of the State of Texas and the Charter of
said City, with particular reference to Chapter 106 of the Acts of the First
Called Session of the 40th Legislature of the State of Texas, known and shown as
Article 1105b of Vernon's Annotated Civil Statutes of Texas, as amended, there
shall be, and is hereby levied, assessed and taxed against the respective
parcels or property abutting upon said portion of said streets, and against the
real and true owners thereof, whether such real and true owner or owners be
named or correctly named herein or not, the several sums of money hereinbelow
mentioned and itemized opposite the description of the respective parcels of
said property, the number of front feet of each and the several amounts assessed
against same and the real and true owner or owners thereof, and names of the
apparent owners thereof, all as corrected and adjusted by said City Council,
being as follows, to -wit:
•
Final Assessment Roll
Gray Village Addition
North of Block 3
This project shall include improvements to the following alleyway:
1. Gray Village Addition Alley, North of Block 3 for 300 Linear
Feet Behind Omaha Appliance Company and TV Channel III
Properties.
This alleyway shall be constructed by excavation to a width and depth to permit
the laying of a 20 foot wide alley section with a compacted subgrade, 6" caliche
base sealed with a double seal coat or 1" hot asphalt surface.
The assessment rates have been calculated in accordance with the City's assess-
ment policy. Based on this policy and bid prices received from Triangle Con-
struction Company, the assessment rate is as follows:
Item
20' Alley Section
Transition Section
GS/al
Bid Price Plus
Engineering Cost
$22.73 L.F.
$21.91 L.F.
Total Bid Price
Final Assessments
City Portion
$6,300.00
6,123.52
$ 176.48
erald Smith, P.E. •
City Engineer
Assessment Rate
$22.73 L.F.
$21.91 L.F.
Final Assessment Roll
Gray Village Alley
Behind Omaha Appliance Warehouse
And Channel III TV Station
Begin West End
Item Owner L.F. Rate Assessment
1 R.L. Hawkins, Pres. 72.00 L.E. @$21.91 = $1,577.52
Omaha Company
4730 S.P.I.D. 78411
Lot 2B, Block 3
Gray Village Addn.
I-2, Warehouse
Total $1,577.52
2. Clinton D. McKinnon 200.00 L.F. @$22.73 = $4,546.00
C/0 L.B. Walker & Associates
P. 0. Box 7247 78415
Lot 3, Block 3
Gray Village Addn.
B-4, CH. III TV Station
Total $4,546.00
Total Assessments
End East End
End Project
$6,123.52
III/x'99.027
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:
April 15, 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
S99.027
days after the completion of said improvement, and the
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 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
IIIIP
99.027
Council, to -wit: April 15, 1986, 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.
.9.027
SECTION 8. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by the closing of such hearing on
public street improvements, such finding of an emergency is made and declared
requiring suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency measure this the
20th day of May, 1986.
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: 20TH DAY OF May, 1986
Corpus Christi, Texas
02041 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,
Council Members
MAYOR
THE CITY 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
19318