HomeMy WebLinkAbout021382 ORD - 04/28/1992AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE
FOLLOWING STREETS:
REDBIRD LANE FROM CALALLEN DRIVE TO INTERSTATE HIGHWAY 37
FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROLL;
AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance
passed and approved on the 24th day of March, 1992, determined the necessity for, and ordered
the improvement of the following streets:
Redbird Lane from Calallen Drive to Interstate Highway 37
hereinafter collectively referred to as "Streets."
in the manner and according to the plans and specifications heretofore approved and adopted by
the City Council by ordinance dated March 24, 1992, 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 Streets 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 , did determine the
necessity of levying an assessment for that portion of the cost of constructing said improvements
on the above named Streets, to be paid by the abutting property and the real and true owners
thereof, and by ordinance dated March 24, 1992, did order and set a hearing to be held during a
meeting of the City Council of the City of Corpus Christi on April 21, 1992, in the Council
Chambers, City Hall, 1201 Leopard Street, at 2:00 p.m. in the City of Corpus Christi, Texas, for the
real and true owners of the property abutting upon said Streets, 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
AG5000.150.kp
021382
IICROFIL1MED
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 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 during a meeting of the City Council of the City of Corpus Christi on April 21, 1992, in the
Council Chambers, City Hall, 1201 Leopard Street, at 2:00 p.m. 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:
AG5000.150.kp 2
Appraiser's Statement
My name is Jesus H. Garcia. My occupation is real estate appraiser, and I have been
so employed 27 years.
My professional qualifications in real estate appraisal are certification by the National
Association of Master Appraisers, and 27 years of experience in appraising real estate. I
have experience in appraising both commercial and residential property, for both businesses
and individuals, and am familiar with the current real estate market in Corpus Christi.
I am familiar with the Redbird Lane Street Improvements Project. I agree with Mr.
Crull's description of the conditions to be changed. I am familiar with all the improvements
to be made by the City.
I have reviewed the project assessment roll, and personally examined each parcel of
land included therein.
In my opinion each such parcel will be specially benefitted by the improvements to
be assessed against it without regard to the overall community benefit. In addition, it is my
opinion that each such parcel will be specially enhanced by such improvements at least to
the extent of the assessment, except the following:
Item no. 12 will be a side improvement and only half of the assessment will be
enhanced. Therefore, the amount of assessment will be reduced from $2,055.97 to
$1,037.19.
Item nos. 14, 17, and 18 will be enhanced only by the amount of pavement, curbs,
gutters, sidewalks, and driveway, but an enhancement of only 30 percent for the assessment
on the retaining walls. Therefore, on item no. 14 the amount of assessment will be reduced
from $4,964.99 to $2,443.59; on item no. 17 the amount of assessment will be reduced from
$22,456.54 to $15,500.62; and on item no. 18 will be reduced from $13,442.90 to $7,293.40.
\MEMO\055.aar
1
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, 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 will be enhanced in value and specially benefitted by the construction of said improvements
upon the said Streets upon which said improvements are 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, 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, 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.
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, that
AG5000.150.kp 3
the special benefits in the enhanced value to accrue to said property and the real and true owner
or owners thereof, by virtue of 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 Streets, 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 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:
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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 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.
SECTION 5. That the several sums mentioned above in Section 3 hereof assessed
against said parcels of property abutting on the aforesaid Streets, 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, together with
all costs and expenses of collection including reasonable attorney's fees, if incurred, are hereby
declared to be made a first and prior lien upon the respective parcels of property, against which
same are assessed from and after the date said improvements were ordered by said City Council,
to -wit: March 24, 1992, and a personal liability and charge against the real and true owner or
owners notwithstanding such owner or owners may not 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 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
AG5000.150.kp 5
•
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 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 and such mistake, or error, invalidity or irregularity in such assessment 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 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 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 7. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary 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 at three regular meetings so that this ordinance is passed
ary shall t ke effect upon first reading as an emergency measure this the (2 S day of
, 1992.
A 11'EST:
City Secretary
APPROVED: -I DAY OF APRIL, 1992
JAMES R. BRAY JR., CITY ATTORNEY
ByJAZ* G au a
Assistant City Attorney
MAYOR
AG5000.150.kp 6
THE CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
1
(
3 day of OLP/ , 190_1 -
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS:
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon
ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced, or at the present meeting
of the City Council.
Respectfully, Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI
COUNCILMEMBERS
The above ordinance was passed by the following vote:
Mary Rhodes (by
Cezar Galindo (L(,.
Coil --
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
021382