HomeMy WebLinkAbout020208 ORD - 02/16/1988AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREETS:
Whitecap Boulevard
1. Whitecap Boulevard, from Park Road 22 eastward to the
public beach, and
2. Windward Drive, from Whitecap Boulevard to Leeward
Drive;
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 29th day of December, 1987, determined the
necessity for, and ordered the improvement of the following streets:
Whitecap Boulevard
1. Whitecap Boulevard, from Park Road 22 eastward to the
public beach, and
2. Windward Drive, from Whitecap Boulevard to Leeward
Drive;
in the manner and according to the plans and specifications heretofore approved
and adopted by the City Council by ordinance dated December 29, 1987 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
December 29, 1987, did determine the necessity of levying an assessment for that
portion of the cost of constructing said improvements on the above named
streets, within the limits herein defined, to be paid by the abutting property
and the real and true owners thereof, and by ordinance dated December 29, 1987,
did order and set a hearing to be held during a meeting of the City Council on
January 26, 1988, in the Council Chambers, City Hall, 302 South Shoreline
Boulevard, 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
205RP083.ord
20208 MICROFILMED
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
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 Caller -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 January 26, 1988, during a meeting of
the City Council, in the Council Chambers, City Hall, 302 South Shoreline
Boulevard, 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:
205RP083.ord
Minutes
Regular Council Meeting
January 26, 1988
Page 4
acknowledged receipt of addenda 1 & 2 with the exception of King Construction
Co. which did not acknowledge receipt of the addenda.
In response to a Council Member's question, Mr. Medina stated that this
would not disqualify the King Construction Co. bid.
2. Austin Neighborhood Park Improvements
Mr. Medina opened bids on this project from the following firms:
Coleman -Roth Construction, Inc.; Greensleeves Construction Co.; A. Ortiz
Construction & Paving; Progressive Structures, Inc.; Stefek Construction Co.;
and Turf & Irrigation Co. Mr. Medina verified that all of the companies had
submitted the required security bond and acknowledged receipt of addenda #1 with
the exception of Greensleeves Construction Co.
Mayor Turner expressed appreciation to the bidders for submitting bids on
these projects.
* * * * * * * * * * * * *
Mayor Turner recessed the Regular Council Meeting at 9:37 a.m. in order to
convene the Meeting of the Corpus Christi Industrial Development Corporation.
* * * * * * * * * * * * *
Mayor Pro Tem Berlanga reconvened the regular Council Meeting at 9:53 a.m.
and announced the Assessment Hearing for the Whitecap Boulevard Relocation
Project on 10 items indicating assessments of $291,970.54.
City Attorney Hal George stated that this hearing is required by Article
1105-B of VACS which specifies that the City must prove that the property
involved will be enhanced at least in the amount of the assessments. He called
as his first witness Mr. Victor Medina.
Through questioning of Mr. Medina, Mr. George determined that he has a
degree in Civil Engineering from the University of Texas in Austin; he is a
registered engineer in the state of Texas; he is Director of Engineering
Services for the City of Corpus Christi; and that he is familiar with the
project.
Mr. Medina located the area on the transparency map and testified that the
Whitecap Boulevard relocation shall include the construction of a new street
section and improvements to 1. Whitecap Boulevard, from Park Road 22 eastward to
the public beach; and 2. Windward Drive, from Whitecap Boulevard to Leeward
Drive. He stated that the low bid was submitted by King Construction Company of
$857,770.90; preliminary assessments are $291,970.54; the City's portion is
$565,800.36; it will take 105 days for completion of the new street; and 30 days
for removal of the old street. Mr. Medina pointed out that the sidewalks will
be built by the developer, Lake Padre Ltd. He noted that there is one change on
Minutes
Rggular Council Meeting
January 26, 1988
Page 5
the assessment roll which is the area which exists in the wetlands and noted
that Staff is recommending it not be assessed.
In answer to a question from Mayor Pro Tem Berlanga, Mr. Medina stated that
they will be assessed for the driveways.
Council Member Slavik referred to three properties, 1, 2 & 7 and inquired
why they are not being assessed, and Mr. Medina replied that the developer is
paying for their sidewalks also.
In answer to a question from Council Member Moss, Mr. Medina stated that as
part of the agreement with the City and Lake Padre, part of their contribution
to this project would be that they would construct the sidewalks. He stated
that the current alignment of Whitecap, as it exists, once the street is
completed, the City will demolish the existing Whitecap Boulevard. He stated
that the City has already had the hearing, and the Ordinance to close Whitecap
in its present existence will be forthcoming to the Council. Mr. Medina stated
that this project is in accordance with the City and Lake Padre, and that it is
anticipated that the new Whitecap will be opened by the July 4 weekend.
Mr. George called as his next witness Mr. George Paraskevas to provide his
expert testimony on the assessment roll.
Mr. George questioned Mr. Paraskevas and ascertained that he is a real
estate broker; he has a broker and real estate license; he appraises both
commercial and residential property; he is familiar with the project; and he has
examined the assessment roll and each parcel.
Mr. Paraskevas stated that, in his opinion, all of the property will be
enhanced at least in the amount of the assessments.
There were no comments from the audience.
A motion was made by Mayor Pro Tem Berlanga to close the public hearing;
seconded by Council Member Rhodes and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 8.
1. M88-0016
Approving supply agreements for gas meters and pressure correcting devices
to Sprague/Schlumberger, American Meter Company, and Rockwell International
based on low bid and low bid meeting specifications for an estimated annual
expenditure of $80,003.43. The terms of this agreement will be twelve
months with option to extend for an additional twelve months subject to the
approval of the supplier and the City Manager or his designee. These items
will used by the Gas Division.
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.
205RP083.ord
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:
205RP083.ord
Final Assessment Roll
Whitecap Boulevard
Relocation
The Whitecap Boulevard relocation shall include the construction of a new
street section and improvements to the following street.
Whitecap Boulevard
1. Whitecap Boulevard, from Park Road 22 eastward to the public
beach, and
2. Windward Drive, from Whitecap Boulevard to Leeward Drive.
These streets shall be constructed by excavation to a width and depth to
- permit the laying of a standard 6" curb and gutter section, 6" compacted
subgrade, 11" cement stabilized base and 3" Type "D" Hot -Mix asphaltic con-
crete pavement. The streets will be 62 feet in width measured from the back
of the curb and transitioning to 40 feet in width on the public beach section.
There will be 6" thick reinforced concrete driveways constructed as shown on
the plans. Sidewalks will not be constructed under this contract.
The assessment rates have been calculated in accordance with the City's current
assessment policy. Based on this policy and the low bid prices submitted by
King Construction Company and Isles Engineering and Construction Company, a
joint venture, the assessment rates are as follows: _
Bid Price Assessment
Item Plus Engineering Cost Rate
62' Wide Street, BOC
6" Curb, Gutter & Pavement $52.95 L.F. *$19.50 L.F.
6" Curb, Gutter & Pavement $52.95 L.F. $52.95 L.F.
Driveways $ 2.97 S.F. $ 2.97 S.F.
62' To 40' Transition
6" Curb, Gutter & Pavement $36.43 L.F. $36.43 L.F.
40' Wide Street, BOC $29.85 L.F. $29.85 L.F.
*Where Pavement Exists
Bid Price
Final Assessments
City Portion
$857,770.90
208,657.21
$649,113.69
Victor S. Medina, P.E.
Director of Engineering Services
C
FEBRUARY 10, 1688 PAGE
DESCRIPTICN
OF
ASSESSMENT RATE AMGLNT
ITEP
NC.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
TOTAL
AMOUNT
ASSESSED
JOHN TRICE
10714 S.P.I.D. 7E418
LOTS 16A ThRU ISA 8L
PADRE ISLAND 1
8-2A
GEORGE BOTTIS
1021C S.P.I.D. 78418
LOT 198 BLK 22
PADRE ISLAND 1
B -2A
2A LAKE PADRE LTD.
RALPh DURDEN
5655 S STAPLES 7E411
SEC h UNIT 1 L
PGR CF PADRE ISLAND 1
*EMI PVMT
LAKE PADRE LTD
RALPH DURDEN
5656 S. STAPLES 78411
LOT 1, 6LK 6
LAKE PADRE SUBD.
A-1
+EXISTING PVMT
ASSESSMENT ROLL CLiOSING HEARING
WHITECAP BOULEVARD
RELCCATION
S.P.T.0. TO STATE LANES
BEGIN NORTH SIDE
300.00 L.F.C.G.E PVMT. 19.50
-0- L.F.C.G.E PVMT. -C-
22 -0- S.F. /W -0-
- 0- S.F. S/W -0-
573.45 S.F. C/W 1-20C 2.97
- 0- S.F. C/W -G-
150.00 L.F.C.G.E PVMT. 19.50
L.F.C.G.E PVMT. -0-
S.r. S/W -C-
S.F. S/W -G-
S.F. G/W -0-
S.F. C/W -0-
239.35 L.F.C.G.v PVMT. 19.50
-0- L.F.C.G.E PVMT. -0-
- 0- S.F. S/W -0-
- 0- S.F. S/W -0-
-0- S.F. L/W -0-
-0- S.F. D/W -0-
300.81 L.F.C.G.E
- 0- L.F.C.G.E
- 0- S.F. S/W
- S.F. S/W
-0- S.F. D/W
- 0- S.F. D/W
PVMT• 19.50
PVMT. -0-
- 0-
`,850.00
-0-
11703.15
- 0-
2,925.00
- 0-
- 0-
- o-
-o-
- 0-
4,667.52
0-
-0-
-0-
-0-
-0-4,667.52
- 0-
- o-
- 0-
-0-
- 0-
5,865.80 0-
-0-
-0-
-0-
-0-5,865.83
- 0-
- 0-
- 0-
- 0 -
71553.15
t
2,925.00
4,b67.52
5,865.80 L
FEBRUARY 109 1588
ITEM
NC.
CWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
LAKE PADRE LTD
RALPH DURDEN
5656 S. STAPLES 78411
LOTS 1, 29 3 BLK 4
LAKE PADRE SUED.
8-2A9 VACANT
4A LAKE PADRE LTD.
F RALPh DURDEN
5-11 5656 S STAPLES 78411
LOT 4 BLK 4
LAKE PADRE SUBD
8-2A, WETLANDS
4WHI1ECAP/"WINDWARD
WETLANDS NCI ASSESSED
5 LAKE PADRE LTD
F RALPP DURDEN
,S-12 5656 S. STAPLES 78411
LOT 19 BLK 3
LAKE PADRE SUBD.
"TYPE I PVMT. TRANS.
*40' BOC
STATE OF TEXAS
*4C' BOC
L
DESCRIPTICN
OF
ASSESSMENT
PAGE
RATE AMOUNT
CANE HARBOR INTERSECTS
548.00 L.F.C.G.0 PVMT. 52.95
- 0- L.F•C.v.E PVMT. -0-
- 0- S.F. S/W -0-
-0- S.F. 5/W -�-
- 0- S.F. D/W -0-
- 0- S.F. D/W-0-
566.97 L.F.C.G.E PVMT•
648.57 L.F.C.G.E PVMT.
-0- S.F. S/W
-0- S.F. 5/W
-0- S.F. E/W
-0- S.F. D/W
WINDWARD DR. INTERSECTS
a;. 455.05 L.F.0 .G.E PVMT. 36.43
739.27 L.F•C.G.E PVMT. 26.57
-0- S.F. S/W -6-
-0- S.F. S/W -0-
-0- S.F. D/W -0-
-0- S.F. E/W -0-
250.00 OTHER LF 40'B -B 29.35
200.00 L.F.C.G.E PVMT.
-0- L.F.C..E PVMT.
-0- S.F. S/W
-0- S.F. S/W
-0- S.F. D/W
-0- S.F. E/W
- 0-
-o-
- c-
-0-
-o-
-0-
299016.60 0-
-0-
-c-
-0-
-0-
299016.60
-0-
- -0-
-0-
0-
-0-
-0-
- o-
-C-
-0-
-0-
- 0-
-0-
-0-
-0-
TOTAL
TOTAL
AMOUNT
ASSESSED
169577.47
169577.47
279035.10
- 0-
- 0-
-C-
-0
79462.50
- o-
0-
-- 0-
-0-
299016.60
.00
519075.37
-o-
- o-
.00
(
f
(
(
(
(
(
(
e
(
C
L
c
FEBRUARY 10, 1588 PAGE 3
DESCRIPTION
OF
ASSESSMENT RATE AMOUNT
ITEM
NC.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
7 MAVERICK MARKETS NO 121
P.C. BOX 4ES7 78469
W 17C' GF LCTS lA & 2A
AND LOT 1B, BLK 21
PADRE ISLAND I
8-2A
LAKE PADRE LTD
RALPH DURDEN
5656 5. STAPLES 78411
LOTS 1 E 2, BLK 1, E
LOT 1, BLK 5
LAKE PADRE SUED.
8-2A ._.
#EXISTING PVMT
S LAKE PADRE LTD.
RALPH DURDEN
5656 S. STAPLES 78411
LOT 4, BLK 2
LAKE PADRE SUBD.
A-1
a#TRANSITICN
040+ BOC
ENO WHITECAP BLVD.
END NORTH SIDE
WHITECAP BOULEVARD
S.P.I.D. TO STATE LANDS
BEGIN SOUTH SIDE
TOTAL
4MDUNT
ASSESSED
450.00 L.F.C.G.& PVMT. 19.50
-0- L.F.C.G.E PVMT. -0-
-0- S.F. S/W -0-
-0- S.F. S/W -0-
694.12 S.F. C/W 1-30C 2.97
694.12 S.F. L/W 1-20C 2.97
TORTUGAS AVE.
520.137 L.F.C.G.E PVMT. 19.50
1,133.20 L.F.C.G.E PVMT. 52.95
-0- S.F. S/W -0-
- 0- S.F. S/W -0-
-0- S.F. C/W -0-
- 0- S.F. C/W -0-
WINDWARD DRIVE INTERSECTS
t4 467.57 L.F.C.G.E PVMT.
0 250.00 L.F.C.G.E PVMT.
-0- S.F. S/W
-0- S.F. S/W
-0- S.F. C/W
- 0- S.F. C/W
8,775.00
-0-
-0-
21061.54
2,061.54
10,156.97
60.002.94
-0-
-0-
-0-
35.43 17,033.59
29.35 7,462.50
- 0- -0-
-0- -0-
- 0-
- 0- -0-
12,898.08
70,159.91
24,496.08
E
t
e
t
t
FEBRUARY 13. 1988
ITEM
NC.
CWNER AND
PROPERTY DESCRIPTICN
QUANTITY
ASSESSED
DESCRIPTICN
OF
ASSESSMENT
10 STATE OF TEXAS
$40i BCC
11 LAKE PADRE LTD
S RALPH DURDEN
F -4A 5656 S STAFLES 78411
LCT 4 BLK 4
LAKE PADRE SUBD
8-2A• WETLANDS
**NO ASSESSMENT
**SEE ITEM F -4A
200.00 L•F.C.G.0 PVMT.
— 0— L.F.C.G.& PVMT.
—0— S.F. S/W
— 0— S.F. S/W
—0— S.F. C/W
—0— S.F. C/W
WINDWARD DRIVE
WHITECAP TO CLOSED SECTION
WEST SIDE
648.57 L.F.C.G.E PVMT.
—0— L.F.C.G.C. PVMT.
— 0— S.F. S/W
—0— S.F. S/W
—0— S.F. C/W
— 0— S.F. C/W
END WEST SIDE
END WINDWARD DR.
WINDWARD DRIVE
BEGIN LAST SIDE
12 LAKE PADRE LTD r 739.27 L.F.C.G.d PVMT.
S RALPH DURDEN —0— L.F.C.G.� PVMT.
F-5 5656 S STAFLES 7E411 —0— S.F. S/W
LCT 1 BLK 3 —0— S.F. S/W
LAKE PADRE SUBD —0— S.F. C/W
B -2A, VACANT —0— S.F. C/W
$SIDE• SEE ITEM 5
END PROJECT
PAGE _-_4_
TOTAL
AMOUNT
RATE AMOUNT ASSESSED
- 0- -0-
-0- -0- (
-0- -c-
-0-
-- 0-
0----0- -o-
.
(
(
-0-
-0— (
-0- -o-
-0- -0-
- 0- -0-
.00
{
{
-0- -0-
- 0- -0-
- 0- -0- {
-0- -0-
-c- -0-
- 0- -o-
.00
C
FEBRUARY 10, 1588 PAGE 5
DESCRIPTICN
OWNER AND QUANTITY OF
PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT
ITEM
NC.
TOTAL
AMOUNT
ASSESSED
TOTAL ASSESSMENTS
(
(
?4# 208,657.21 (
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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 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:
December 29, 1987, 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
205RP083.ord
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
Council, to -wit: December 29, 1987, and shall provide in effect that if default
205RP083.ord
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
205RP083.ord
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 at three regular meetings so that this ordinance is passed and shall
a e effect upon first reading as an emergency measure this the 164A day of
t�..,19$g.
ATTEST:
P22(/—
City Secretary
MOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: 4"/- DAY OF /dra
HAL GEORGE, CITY ATTORNEY
By
, 198'
Assista t City Attorney
205RP083.ord
Corpus Christi, Texas
/446 day of p ����th�, , 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,
99.045.01
Council Members
MAY&R
THE CIT OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner KJ
David Berlanga, Sr.
Leo Guerrero 4-1r-'
Clif Moss
Bill Pruet a -Z711.,1(
Mary Rhodes �J
Frank Schwing, Jr. jr-
Mary Pat Slavik `1J)
Linda Strong
2=138