HomeMy WebLinkAbout022558 ORD - 04/30/1996AN ORDINANCE
CLOSING THE APRIL 30, 1996, PUBLIC HEARING ON STREET
IMPROVEMENTS ON THE FOLLOWING STREETS:
Wynn Seale Area Street Improvements
16th Street - Cole Street to South Staples;
17th Street - Cole Street to South Staples;
18th Street - Cole Street to Baldwin Blvd.; and
Naples Street - 18th Street to South Staples.
KNOWN AS THE WYNN SEAL AREA STREET IMPROVEMENTS, PHASE III
PROJECT, FIXING A LIEN AND CHARGE AND ADOPTING AN
ASSESSMENT ROLL INDICATING ASSESSMENTS OF $145,067.66 ON THE
76 ITEMS; AND DECLARING AN EMERGENCY.
WHEREAS, on the 26th day of March, 1996, the City Council by enactment of Ordinance
No. 022528 determined that it was necessary to improve the following by paving and sidewalks, as
hereinafter more fully described:
16th Street - Cole Street to South Staples;
17th Street - Cole Street to South Staples;
18th Street - Cole Street to Baldwin Blvd.; and
Naples Street - 18th Street to South Staples.
hereinafter 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 the March 26, 1996, 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 March 26, 1996,
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
H:\ 96ag5000.909.vr
s toot'
and true owners thereof, and by ordinance dated the 26th clay of March, 1996, did order and set
a hearing to be held during a meeting of the City Council of the City of Corpus Christi on the 30th
day of April, 1996, in the Council Chambers, City Hall, 1201 Leopard Street, 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 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 Caller -Times before the date
of the hearing, such notice by mail and 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 publication of which 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 30, 1996,
in the Council Chambers, City Hall, 1201 Leopard Street, 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:
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
H:\ 96ag5000.909.vr
2
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 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
H:\96ag5000.909.vr 3
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, 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 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:
H:\ 96ag5000.909.vr
4
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
of frontage shall bear to the whole number of front feet of property actually improved in
accordance with the modified 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 26, 1996 and a personal liability and charge against the real and true owner or
owners notwithstanding that 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; or
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
H:\ 96ag5000.909.vr 5
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 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 the validity
of assessments 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 or 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 the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon ordinances
at two regular meetings so that this�� �o�rdinance is passedp�and shall take effect upon first reading as
an emergency measure this the ?)O day of ' 1f/ l'l 1 , 19 iilic,.
ATTEST:
A/4
Armando Chapa, City ecretary
THE CITY OF CORPUS CHRISTI
APPROVED: 3,C! DAY OF ,; y r ,
JAMES R. BRAY JR., CITY ATTORNEY
Alison Galla ay
Assistant City Attorney
By:
H:\96ag5000.909.vr 6
, 197
Corpus Christi, Texas
.t e! Day of (� 19itC
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 two
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
Council Members
The above ordinance was passed by the following vote:
Mary Rhodes of �
CA 1
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David A. McNichols
H:\96ag5000.909.vr 7
2:i
irAzyuo-
chi°
0
J
czy
State of Texas, }
County of Nueces }
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 584532
PO#
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in
said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb
Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022558
hich the annexed is a true copy, was published in theCorpus Christi Caller -Times on the 29TH
day(s) of APRIL. 1996.
ONE (11 Time(s)
$ 27.75
Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 8111 day of'
MAY. 1996.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.