HomeMy WebLinkAbout19496 ORD - 09/23/1986AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREETS:
Tiger Lane
Tiger Lane, from Weber Road to Flynn Parkway;
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 12th day of August, 1986, determined the
necessity for, and ordered the improvement of the following streets:
Tiger Lane
Tiger Lane, from Weber Road to Flynn Parkway;
in the manner and according to the plans and specifications heretofore approved
and adopted by the City Council by ordinance dated August 12, 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
August 12, 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 August 12, 1986,
did order and set a hearing to be held during the regular 2:00 p.m. Council
meeting on September 9, 1986, in the 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
07P.088.01
19496 MICROFILMED
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
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 September 9, 1986, during the regular
2:00 p.m. Council meeting in the Council 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.088.01
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.088.01
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.088.01
.4inutes
Regular Council Meeting
September 9, 1986
Page 16
He statehat the consultant feels that the local community should be
concerned with the sue of jobs.
There were no cowmen _ from the audience.
Mayor Jones called for the e on the following motion:
6. M86-0394
The City of Corpus Christi support the p ..osal filed by Central Power S
Light Company with the Texas Public Utility-.mmission by letter of July
29, 1986 requesting adoption of certain tariffs c..cerning large industrial
customers.
The motion passed as follows: Jones, Best, Guerrero, Mc , Pruet, and
Strong voting "aye"; Berlanga, Mendez, and Slavik voting "no."
City Secretary Chapa informed the Council that the motion would be sent
with the City's representative to Austin.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on assessments for Tiger Lane from
Weber Road to Flynn Parkway, providing for assessments of $90,547.27 for the 14
items on the roll.
City Attorney George conducted the formal portion of the hearing. He
called as his first witness, Mr. Gerald Smith, City Engineer.
Through questioning of the witness, Mr. George determined that Mr. Smith is
a Registered Engineer in the State of Texas; he has been employed by the City
of Corpus Christi for 26 years; he has a degree in Civil Engineering from the
University of Texas at Austin; his resume is on file in the Office of the City
Secretary; and he is familiar with the project.
Mr. Smith stated that this project was approved in the 1982 bond program;
$650,000 was allocated for the construction; the purpose of the project is to
relieve traffic congestion; this is a new street; the hearing on the opening was
held July 8; the Council approved the plans and specifications; bids were
received on July 22; the project proposes to construct a 48' wide street with
sidewalks on the north side only; it parallels a large ditch; 700' of the ditch
will be covered; plans were prepared in the City Engineer's Office; the low
bidder was Oceanside Asphalt, Inc. in the amount of $621,647.10; the assessment
roll, consisting of 14 items, was prepared by staff; staff is recommending that
only 5 properties be assessed; and the residential properties backing to the
proposed street, the school, and the church will not be assessed.
Minutes
Regular Council Meeting
September 9, 1986
Page 17
Mr. Smith stated that the ordinance provides that the property owner pay
more for new streets; of the 5 properties being assessed, 3 are at the higher
rate of $55.41 per square foot, which is 90% of the street cost; and the
remaining 2 properties will pay $19.50 per square foot. Mr. Smith pointed out
on a transparency the locations of the properties.
He stated that the property owners, those being assessed and those not,
were notified of the hearing; the assessment can be paid in cash, over a 5 -year
period, or in the case of hardship, over a 10 year period; the interest rate is
9.24%; and project completion will be in approximately 5 to 6 months.
In response to a question from the Mayor, Mr. Smith stated that there
should be no traffic problems on Weber during the construction; there will be
intersection realignment, but that work will be performed during the Christmas
break so as not to interfere with school traffic.
In response to a question from Council Member McComb regarding the
possibility of acquiring a corner piece of property on Flynn Parkway, Assistant
City Manager Lontos stated that that idea is being reviewed separately from this
project.
City Attorney George called as his next witness, Mr. George Paraskevas.
Through questioning of the witness, Mr. George determined that Mr.
Paraskevas is a certified appraiser, licensed in the State of Texas; he is a
certified real estate broker; he has been practicing real estate for 15 years
and appraising properties for 13 years, both residential and commercial; he is
familiar with the project; he has examined each parcel; he has examined the
assessment roll and is familiar with the amounts; he is familiar with the
conditions; he stated that the ditch will be partially covered; sidewalks will
be installed on the north side; the improvements will benefit the properties and
the overall community; and it will enhance the properties in at least the amount
of the assessment.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best to close the hearing; seconded by Council Member Slavik; and passed as
follows: Jones, Best, Berlanga, McComb, Mendez, and Slavik voting "aye";
Guerrero, Pruet, and Strong absent at the time the vote was taken.
Mayor
* * * * * * * * * * * * *
called for petitions from the audience.
Mr. James Duerr, 3239 n, presented a proposal to convert the old
downtown library into a Center for t - elopment of new businesses for Corpus
Christi. He stated that this would encourage •usinesses to start in Corpus
Christi; it is intended to operate on funds crea office rent and
secretarial services; the operating costs per month would roximately
$3,912; and until the Center brings in the required revenue, funds be
FINAL ASSESSMENT ROLL
TIGER LANE
STREET IMPROVEMENTS
This project shall include the opening and construction of the following
street:
1. Tiger Lane, from Weber Road To Flynn Parkway
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" lime stabilized sub -
grade, 8" flexible caliche base and 411" Hot -Mix asphaltic pavement. The
street will be 48' wide, BOC and constructed within the 60' wide right-of-way.
There will be a 5' wide reinforced concrete sidewalk on the north side of the
street. Sidewalk will not be constructed on the south side. Driveway aprons
will be constructed on the north side of the street as required by the property
owners.
The assessment rates have been calculated in accordance with the current City
paving policy. Based on this policy and the low bid prices submitted by
Oceanside Asphalt, Inc., the assessment rates are as follows:
Bid Price plus
Item Engineering Cost
Property, without existing pavement
48' Wide Street BOC
Assessment
Rate
6" Curb & Gutter $ 6.48 L.F. $ 6.48 L.F.
Pavement $48.93 L.F. $48.93 L.F.
Sidewalk $ 1.43 S.F. $ 1.43 S.F.
Driveways $ 3.56 S.F. $ 3.56 S.F.
Property, with Existing Pavement
48' Wide Street, BOC
6" Curb, Gutter & Pavement
Sidewalk
Driveways
Cost 1/2 Street $68.18 L.F.
Total Bid Price
Final Assessments
City Portion
GS/al
$34.56 L.F.
$ 1.43 S.F.
$ 3.56 S.F.
$621,647.10
90,547.27
$531,099.83
Gerald Smith, P.E.
City Engineer
$19.50 L.F.
$ 1.00 S.F.
$ 3.56 S.F.
c
C
c
c
L
SEPTEMBER
23,
1986
- DE]LR1!'I1UN
NTEM,• -;- :;$'y}•= OWNER AND ..'/"!. QUANTITY ;. ' • OF -.'"
, NO. PROPERTY DESCRIPTION - 'ASSESSED ' ASSESSMENT "'
' .. TD AL
vi'. '. "7• AMOUNTt•
RATE . .-AMOUNT -'P ASSESSED ,.
ASSE» MENT ROLL CLUSING HEARING
',.',151` TIGER LANE 1'.
" - ,: S`�r' -•
WEBER ROAD 70 FLYNN PARKWAY
"
' .••s` 4 .,,
BEGIN NGRTH SIDE
, ;f 1 -f. WEBER ROAD CHURCH '-. - P_ * '
292.00 L.F.C.G.E PVMT.
—0—
—0:,"art • _ _. '
—:— L.F.C.0 0 P'9MT.
—0—
uF CHRIST
5233 WEBER RD 78411
—0— S.F. S/W
—0—
—p—
BLK A
—0— S.F. S/W
—0—
—p—
,LAWROLL Hb1GHTS
R -1B, CHURCH
i
268.45 S.F. D/W
—0—_
S.F.SD/H'�.
—0—
0
—0—
— •a;,,.. :(
ONO ASSESSMENT
-
— 0 ,+. r+°`;'':,
Si. ACTGNMENT'ONCY
.00
W6BcR RUAD INTEfFSECTS
.e y
-.tt,r
TFIAST-
ECUITTES—CU.a
. ' V_
•:
- st^;'.,x: - ;
74.00 L.F.C.G:E—PV
•'
r,.;
C/0 ALLEN BROCK
—C— L.F.C.G.E PVMT.
—0—
—0—
6201 POWERS PERRY RD
470.00 S.F. S/8
1.43
672.10
'
.
LANTA GA. 30339 :: p3• X �
S.F. S/W
—0— , S.F. D/8 '�" •e �;
--.0— "' S.F. D/W '1"'d
—0— ; ,
_0_ -
—0— -
,. —0— •,Y 1: F•ii'lx":
, _' _ r.
`.5� _p_ t. : p ''."•=a>:'F:'ti:
BUTTON—PURI
AB, COMM.
5,890.64
„ 3
CLOWER MANAGEMENT CO.
173.91 L.F.C.G.E rP VMT.'` 55.41 c'e ^-r
9s636'.35.- {'
C/O, PROPERTY TAX SERVICE •s"''• - —0— .L.F.C.G.E PVMT.
—0— i.„”'°''a —D—"-' �•"''";.;
• e• '
0 .VD /W
1.43 1,043.46
1
d LOT• 2D
8541105 PLACE
—0— S.F. S/W
—0— S.F. D/W
—p_
—0—
—0—
j ,• A8, LUMM. BLDG.
—0— S.F. D/W
—0—
—0— .,.
'[ ,aa'' &:'..'-
•'
,
'' -- 10,879.81.
I 4
FOUR WINDS ASSOCIATES *
983.47 L.F.C.G.E PVMT. 19.50
197170.30
J
C/0 EQUITY INVESTMENTS
—0— L.F.C.G.E PVMT.
—0—
507IRTARH6CCOW•4£431.08
S.F. 5/8
1.00
4,435.08
HOUSTON TX 77027 ..
—0— S.F. 5/8
—0—
,
—0—`•
LOT 4 BLK A -
175.82 S.F. D/W 1-26C ,
3.56
625.92
KIBBY—TADUSTRLAL SU80
ilo.52--S:F7-07W 1-26C
3.,6
625.92
*EXISTING PVMT CREDIT
175.82 OTHER LF 1-26C
3.56
625.92
25,489.14 ,
l(
L
r----
(
(
SEPTEMBER 23, 1986
( ,ITEMOWNER AND'.
}PROPERTY DESCRIPTION
PAGE 2
QUANTITY . OF
" ASSESSED' ASSESSMENT '" RATE ':AMOUNT
AMOUNT
' ASSESSED
(
i
(
(�
( LOT 1 BLK 1
MALIBU HEIGHTS UNIT 1
1R-18, 1 RES UNIT
( QNO ASSESSMENT REAR
NO D/W ACCESS
-,c
2•
O.
- 5.t. 5/W
' -0- S.F. S/8
- 0- S.F. D/W
- 0- S.F. D/W
c -V-
-0-
-0-
-0-
-0-
(
(
e
e
4,248.03
-0- -
3,275.40 -
`5'
.
'''+'
B .55.56 L.F.C.G.E PVMT. 6.48
"'519 EVERHART 78411 '-"-0- L.F.C.G.E PVMT. _-0-
TRACT 3 "' a ' • • - 3.275.40 S.F. S/W 1.00
75-ATCWUFISY PLAZA -5- S.F. 5/8 -O-
A-2, COMM. -0- S.F. D/W -0-
ORATE BY PLATTING CONTRACT -:- S.F. D/W -0-
-0-
-0-
-0_
7,523.43
36,311.28
-0-
4,462.97
9 6
C.C. REALTY MGT. CO. 035.32 L.F.C.G.E PVMT. 55.41
BOX 81281 78412 E -0- L.F.C.G.E PVMT. -0-
FIRST BANK OF BOSTON 3.120.96 S.F. 5/8 1.43
..
"
...
C/0 PROPEk1Y fa SEY.--- =0- . S.F. S/8 -
P.O. BOX 8808 78412 -0- ',S.F. D/W :r -0-
LOT 0 BLOCK 2-A ' - • ' - ' -0- ` S. F. D/W ` • -0-
. '
-p- +': ^ +' _.+�.• i
_p_ °-.'yetF: E,;',^,fir •�"_�-
BRYON WILLIS SUED.
I-2 COMM. BLDG.
40,774.25
'-,
FLYNN PARKWAY ,u, *'
END TIGER LANE
• •
"s';•'
-• . r.
END NCRTH SIDE
-
TIGER LANE. '.'•-, •,• h, ..
- WEBER ROAD TO FLYNN PARKWAY -
BEGIN -SOUTH SIDE_ "?•' •T-• - ..
..
- 1iG..^.
•y'y` '
7
C.C. INDEPENDENT 0 292.00 L.F.C.G.E PVMT. -0-
-0-
SCMO L ) 5 C ...'i: -0-".F.C.G.E-PVMT. rO-
" CARROLL PLACE SCNL,TR. _ -0- S.F.'S/W;n-,A`;
. • R-18, CARROLL HIGH SCHOOL."' ',- : =0- • S.F. S/W.,,',.-0-"^t
,+•,
,,, _p_'i'• � ;;,.+.
*NO ASSESSMENT 170.32 S.F. D/W 1-25 -0-
ST. ALIGNMENT ONLY -0- S.F. D/W -0-
-D-
.00
WEBER ROAD INTERSECTS'
8
BEN 108008IA a 80.00 L.F.C.G.E PVMT. -0-
-0-
B
4002 MANHATTAN - . -0- L.F.C.G.E PVMT. . -0-
s.
-0-
( LOT 1 BLK 1
MALIBU HEIGHTS UNIT 1
1R-18, 1 RES UNIT
( QNO ASSESSMENT REAR
NO D/W ACCESS
-,c
2•
O.
- 5.t. 5/W
' -0- S.F. S/8
- 0- S.F. D/W
- 0- S.F. D/W
c -V-
-0-
-0-
-0-
-0-
(
(
e
e
r
B
r-•
SEPTEMBER 23, 1986
ITEM
N0.
OHNER-{
AND
PROPERTY DESCRIPTION
OESCRIPTIUN
''QUANTITY: '," - 'OF'
ASSESSED !ASSESSMENT
PAGE 3
RATE `'•- AMOUNT
)t
TOTAL J{
AMOUNT '•'' 1:1 ('
ASSESSED !!]
BHULE U. BRUHN, ET UK
B 4006 MANHATTAN 78411
•a LOT 2 BLK 1- • - . -0-; S.F. S/W•
�"-0-
—F1ALI8U H81GHTS-UNIT 1 - -
- - S.F. 0/3 -0-
-C- S.F. D/W -0-
O 75.00 L.f.L•G.E Pi/ME. .-0-
-0-,' L.F.C.G•E PVMT. -0-
8-18, 1 RES UNIT
ONO ASSESSMENT REAR
4`747---7Nd-D7W-ACCES5
-0-
-0-
10 ELMER H. CASHION, JR.
8 4010 MANHATTAN 78411
LUr.3TEC'K-1`
' MALIBU HEIGHTS UNIT 1
R-18, 1 RES UNIT
ONO -ASSESSMENT BBA•t
.00
i
•
•� 75.10 L.F.C.G.E PVMT.. -0-
-0-
-0-
- r- L.F.C.G•E PVMT..
NO D/W ACCESS
-0- S.F. S/W ..,
- 0-- •5.F. D/W
- 1- S.F. 0755
-0-
,11 - RUEBEN DAVILA 0 75.00 L.F.C.G.E PVMT. -0-
014 -M -A iA7TAN 7€411 -)- L.F.C.GE PVMT. -0-
LOT 4 BLK 1 -0- S.F. S/W -0-
MALIBU HEIGHTS UNIT 1 -0- S.F• 5/W
-6-
a
„%sH-IB1 1 RES UNIT - -U-• S•F• - - -
b' •`� *NO ASSESSMENT REAR -' . S.F. 0/3 0- �--'°• •"�`
/H ACCESS •
•00•+,
. T
1G . LOUISE L. S10UT - _•.- .d 75.OD L•F•C.G.E PVNl. -y.,•� p --;f-0—
'78411-
8 �- 4018 MANHATTAN 78411 -., ;i"r'-'f-. �i-0— L•F•C•G•E PVMT•.::,;--0—';'T'-;-'
' LOT 6, SLK 1 '1 '•i5 I ; -0- • • S.F. S/W !%.,, t -}•t `-0- ' v' -0-
„—M3tTUIJ HHET57TS UNIT 1 -:- S.P. 3/55 -0- -0-
8-1B, 1 RES UNIT -0- S.F. 0/W
030 ASSESSMENT REAR -0- S.F. D/W -0- -0- tia
u _ • .00,
13 JOE P. VILLARREAL 0 75.00 L.F.C•G.E PVMT. -0- -0-
4022 MANHATTAN 78411 -7- L.F.C.G.0 FVMT. -0- -p-
T-6-81K 1 - ". -7- S.F. 5/55 -0- -0-
ii MALIBU HEIGHTS UNIT 1 -0- S.F. 5/W -p -
R -18, 1 RES UNIT - -0- 5.F. D/W -0-- -0- -
: ONO—ASSESSMENT-R-EAR - •- B.F. D/W -0- -0-
NO 0/W ACCESSIL
.00I,
(
L
e
r --
Q
Q
Q
A
21
1
Q
Q
Q�
C
C
SEPTEMBER 23, 1986
PAGE_ 4
, ITEM
, NO.
_
-" , -4''�OWNER AND ' ..
T
PROPERTY DESCRIPTION
, DESLRIPTTLN TOTAL
QUANTITY OF '.;_<'' • '' t;,. iAMOUNT ..1%;;:
' 'ASSESSED ' ASSESSMENT RATE • AMOUNT `. ' ASSESSED ,
•
-•
`} • :e - -
- - -'- • • - '-
n
DRAINAGE DITCH ABUTS
RCADWAY FROM LOT 6 -•�'
TO FLYNN PARKWAY •�
I�
il
14
LOT 7 THRU 141 BLK 1
-^- L.F.C.G.0 PVMT.
-0- -0-
•
AU-RSTGHTS UNIT 1 C
• LOTS 1 THRU 20, BLK 16
•" CARROLL WOODS 4'•''' -•
-0- L•F.C.G.6 PYMT.
-0- S.F. S/N_ _
-0- S.F. S/W . '
—v— S.F. C/W
-C- S.F. D/6
-0- .
-0- - -0--•, ' z,- - 14,
-0- " -0- --• <- --
-U- -0-
-0- -0-
.00 (.
•
A6UTS-IRtINAGE DITCH
NO ASSESSMENTS
•'(1 "C y
, .. ... '. •. .-
- FLYNN PARKWAY
.. Jnr r
° - .,. q-- . ?X'.
•
_ND TIGER LANE
END SCUTH SIDE
I.
�A; t;' ,;r,.
'_
-END PROJECT
- }}i..�"j' t
•
TOTAL
,•c ,; ! C . �"'K'''64
ASSESSMENTS yneo 3- .° 90.54747.. 27 1..
In
W
•
j.c f': - 't t{ S3`i '.`.�•.
Ia.,�j.+t�- .'g -'
-
-1.�-ti•f.. w:F ..t `:� _
« t•fia •+ .lS: -'A' r -.
- "✓��1• �J.a•H `. t•tT{�u2• pp
.. 11. vt �"r -;1° _ ,_a'to 'e?'-•�1-6.
.10
. -s
c
e
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: August 12, 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.088.01
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: August 12, 1986, and shall provide in effect that if default
07P.088.01
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.088.01
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
23rd day .of September, 1986.
ATTEST:
City Secretary MAYO
THE CITY r. CORPUS CHRISTI, TEXAS
APPROVED:] G%h DAY OF SEPTEMBER, 1986
City AttorTney
07P.088.01
Corpus Christi, Texas
23,4 day of,
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 198('
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,
MAYOR
99.045.01
Council Members
THE CI ' OF CORPUS CHRISTI, TEXAS
The above ordinance was passedbythe following vote:
Luther Jones
Dr. Jack Best /
David Berlanga, Sr. / p
Leo Guerrero /
Joe McComb /
Frank Mendez /.
Bill Pruet 1 .1 ,
Mary Pat Slavik / //
Linda Strong
19446
1